1. These terms and conditions apply in respect of goods supplied by us to you as set out in the relevant order specification where included (the Specification) and/or in the quotation overleaf (the Quote). These terms and conditions together with the Specification and the Quote constitute the entire agreement between us (the Contract), except to the extent that they are varied by mutual consent in writing and shall prevail over your own terms and conditions.
2. You will pay the price for the Contract set out in the Quote unless you change the Specification in which case we will issue a new Quote and the price may change proportionately. This shall include non-productive time, where we are prevented from performing the Contract due to disruption from power failures/safety checks/client or any other such disturbances.
3. Where the goods are supplied to you in installments each individual installment shall constitute a separate contract and our failure to provide any one or more of the installments in accordance with these terms and conditions or any claim by you in respect of any one or more installment shall not entitle you to terminate the Contract as a whole.
4. Unless agreed prior to the first order being placed, payment is due 30 days month end. We will not consider payment to be received until it is represented by cleared funds. We have the right to charge interest on any outstanding payment at the rate in accordance with the Late Payment Regulations.
5. Payment is to be made in full without any discount (other than any discount allowed in the Contract), deduction, set off or abatement.
6. We reserve the right to appropriate any payment made by you and apply it in total or partial satisfaction of any debt due from you to us.
7. Risk in the goods will pass to you on delivery. Title in any goods supplied by us to you shall not pass to you until we have received all sums due to us. We reserve the right to enter your premises to recover any goods supplied by us to you if payment is not made on the due date.
8. Delivery shall take place at the address set out in the Quote. Any dates given for delivery are estimates only. Delivery is not of the essence. Unless otherwise provided in the Contract, if you do not accept the goods we will store them at your expense until they are resold. We will not be liable for any damage to the goods while they are in storage or transit.
9. Our deliveries are made by an external Courier and goods will be delivered between 7.30am and 6pm Monday to Friday (there are Pre 10am and Pre 12pm timed delivery options at a surcharge if required), and it is at the discretion of the Courier if they attempt redelivery. You will be liable for any charges incurred for goods to be reshipped from S&S Plastics – if returned from a failed delivery due to closure etc.
10. You will be deemed to have inspected and accepted the goods either on execution of the relevant delivery note or in default, 10 days after the agreed completion or delivery date as set out in the relevant Quote and/or Specification (the Completion Date). Your right to reject the goods will be lost 10 days after the Completion Date or if you alter or damage the goods. If you reject the goods within 10 days of the Completion Date, you must notify us immediately by telephone and we will have the right to repair or replace the goods within a reasonable time. Delivery of the replacement goods will be deemed to have take place on the original delivery date.
11. The title to and any copyright or other intellectual property rights in the Input Material will belong to you. We retain the title to and any copyright or other intellectual property rights in all designs, plans, images, models and any other work prepared by us in performing the Contact. Any breach of our intellectual property rights will be deemed to be a breach of these terms and conditions.
12. All material used to make tooling will remain our property until we have received payment in full. All intellectual property rights vested in the tooling will remain our property unless otherwise specified.
13. We warrant that the goods will conform to the Specification. Other than as expressly provided for in these terms and conditions no warranty, guarantee or other term relating to the performance of the Contract whether implied by statute, common law or otherwise is given.
14. No warranty, guarantee or other term relating to quality or fitness for purpose is given in respect of goods and materials supplied by us but we shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given to us by the persons supplying the goods to us.
15. We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours.
16. As the materials/goods that we will supply are susceptible to water damage, we shall expect you to provide an on site watertight storage facility. In the absence of such a facility we will not accept any responsibility for loss or damage to materials/goods damaged by wet/damp storage conditions.
17. Where we have agreed a delivery date for materials or goods, you shall be liable for any restocking/storage charges incurred as a result of you inability to accommodate such delivery on site.
18. Due to the volatile raw material prices in the current economic climate we reserve the right to increase any pricing that may be agreed at any time if the raw material / component price of any good sold increases by 10% from the date of the most recent price agreement.
19. Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this Contract, which arise out of or in connection with performance of the Contract.
20. Except in respect of death or personal injury our entire liability in respect of the agreement between us shall not exceed the amount of the price payable by you in for the Contract. In the event that you require us to accept greater liability we reserve the right to pass on the additional cost of insurance to you and/or increase the price.
21. You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.
22. Any claim that you may have against us must be notified to us in writing within one month of the claim arising.
23. We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract.
24. If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the remaining provisions of the Contract shall remain full force and effect.
25. These terms and conditions shall be governed by the laws of England.
General Conditions for the Supply of Tooling.
1. S&S Plastics has an in-house specialist design team and a fully equipped tool room that manufactures and maintains our own and customer tooling. Having our own tool room is a core part of our business service. This has been enhanced by a long established partnership with specialist toolmakers in China. The quality of the tools sourced from China is ensured using the S&S Plastics Quality Assurance Policy. This includes strict daily control measures during the design and manufacture process with a full in-house engineering validation on arrival to ensure that all externally sourced tooling is to the specified standard.
2. Delivery of the tool to the UK via sea freight typically takes 6 weeks, this commences upon official customer approval of the offshore samples and final 20% payment, upon receipt of the tool at S&S Plastics Ltd bulk production available 7-10 days after the S&S onshore trial sample are officially approved by customer.
This lead-time can be reduced by utilising air freight which would incur an additional cost, details of which can be supplied if this is the preferred option. After initial production run parts would be available ex-stock.
Delivery lead-time commences immediately on receipt of an official order, approved component drawing and deposit payment. Alternatively, sample lead times are calculated on first samples plus 1 week for delivery from our global supplier. Lead times may vary from this but will be confirmed at the time of order.
3. Sea freight costs are included in the quoted tool cost and details of the additional air freight charges are available on request. Please note that although it is extremely rare, first samples and final production lead times for tools sourced from outside the UK can be affected by variables which are beyond our control such as adverse weather conditions, customs delays, etc. so actual delivery times may vary.
4. S&S Plastics reserve the right to switch tool making from China to the UK at no extra cost.
5. Any tooling that is specified for UK manufacture will only be manufactured in the UK.
6. The terms for a UK-produced tool are first third of tool cost with order, second third on receipt of samples and final third on approval of samples. Terms for tooling produced overseas are 40% with order, 40% on receipt of samples and 20% prior to tool dispatch.