Terms & Conditions

The newbow aerospace ltd Terms and Conditions apply to the use of the newbow aerospace ltd website. By accessing this Site and/or placing an order you thereby agree to be bound by the terms and conditions set out below.

STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS OF newbow aerospace ltd.

1 DEFINITIONS: In this document the following words shall have the following meanings:

1.1 'Buyer' means the organisation or person who buys Goods from the Seller;

1.2 'Goods' means the articles to be supplied to the Buyer by the Seller;

1.3 'Intellectual Property Rights' means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;

1.4 'List Price' means the selling price as stated in the catalogue or price list as amended from time to time without notice;

1.5 'Seller' means newbow aerospace ltd of Meir Road, Park Farm North, Redditch, Worcestershire B98 7SY, UK.

2 GENERAL

2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.

2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3 PRICE AND PAYMENT

3.1 The price shall be that in the Seller's current List Price or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. Carriage shall be paid for by the Seller unless expressly stated as an addition to the price of the goods. Orders under £50 in value will be subject to an administrative handling charge of £6.95.

3.2 Payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.

3.3 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 12.5% per annum. Compensation arising from late payment will be charged up to the value of £100.

3.4 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:

3.4.1 require payment in advance of delivery in relation to any Goods not previously delivered;

3.4.2 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;

3.4.3 terminate the contract.

3.4.4 Make judgement against the buyer to retrieve outstanding debts, with the buyer being liable for all costs incurred.

4 DESCRIPTION

4.1 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

5 SAMPLE

5.1 Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.

6 DELIVERY

6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

6.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.

6.3 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.

6.4 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must sign for goods as 'damaged' and notify the Seller of the damage within 24 hours of delivery.

7 CANCELLATION AND REFUND PROCEDURE

7.1 If goods received do not meet the buyer's requirements, the seller will refund the buyer the purchase price of the goods providing that the goods are returned to the seller unused, undamaged and in the original packaging within 30 days of delivery and with appropriate authority from newbow aerospace ltd (obtained by emailing us at ge@newbowaerospace.com) and subject to our right to levy a 30% handling and administration charge. The return of goods will be at the buyer's expense.

8 RISK

8.1 Risk in the Goods shall pass to the Buyer at the moment the Goods are received at the buyer's premises and or signed for by the Buyer.

9 TITLE

9.1 Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

10 USAGE OF GOODS SUPPLIED

10.1 Misuse, misapplication or abuse of any product supplied by newbow aerospace ltd could be potentially dangerous and lead to personal injury of which newbow aerospace ltd accepts no responsibility. If in doubt consult the manufacturer prior to use of any product. For warranty notes please see the section headed 'warranty' shown on this website.

11 LIABILITY DISCLAIMER

11.1 newbow aerospace ltd has made a sincere effort to describe as accurately as possible and illustrate the products in this catalogue / website. However, illustrations, photos, descriptions and specifications are for the sole purpose of identification and do not express or imply a warranty that the products are merchantable, or fit for a particular purpose or application, or that the products will conform to the illustrations or descriptions stated. No warranty or affirmation of fact, express or implied, is made by newbow aerospace ltd. Graphic illustrations and or photos are for decorative purpose and reference only and are not intended to imply function, application or purpose or any promotional considerations for vehicles described, stated or shown on the website and or catalogue.

12 LIMITATION OF LIABILITY

12.1 Where any court or arbitrator determines that any part of the liability clause, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.

12.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.

13 INTELLECTUAL PROPERTY RIGHTS

13.1 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

14 FORCE MAJEURE

14.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

15 RELATIONSHIP OF PARTIES

15.1 Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

16 ASSIGNMENT AND SUB-CONTRACTING

16.1 The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

17 WAIVER

17.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

 

18 SEVERABILITY

18.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

19 GOVERNING LAW AND JURISDICTION

19.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

newbow aerospace ltd. Copyright 2008