GENERAL

1.1 All orders are accepted subject to the following conditions which shall form part of and govern the contract of sale. Any variation of those conditions in any document of the buyer is inapplicable unless accepted in writing by the seller.

1.2 In these conditions the seller means Expamet Building Products Limited and the buyer means the party to whom this document is addressed.

1.3 These terms and conditions apply in preference to and supersede any terms and conditions referred to or offered by the seller whether in negotiation or at any stage in the dealings between the parties with reference to the goods to which this contract relates. Without prejudice to the generality of the foregoing, the seller will not be bound by any standard or printed terms furnished by the buyer in any of its documents, unless the buyer specifically states in writing separately from such terms that it intends such terms to apply and the seller acknowledges such notification in writing.

1.4 No variation may be made to the contract of sale except by agreement in writing between the parties and signed on their behalf.

QUOTATIONSPRICESDELIVERY

4.1 Where goods are ordered by the buyer for delivery at his request:
(i) If a period is stated for delivery and such period is not extended by agreement in writing the buyer shall take delivery within that period:

(i) Any time stated in respect of delivery is given in good faith but is by way of estimation only and is not binding on the seller:
PACKAGING, CONSIGNMENT AND CARRIAGETRANSFER OF RISK

6.1 The goods shall be at risk of the buyer as soon as they are delivered to the delivery address or where the delivery address is not within the United Kingdom, or the Republic of Ireland in the case of goods delivered from our Dublin Depot, immediately the goods are placed on board ship unless otherwise agreed and the seller shall be under no obligation to give the buyer the notice specified in Section 32(3) of the Sale of Goods Act 1979.

ACCEPTANCE OF GOODS

7.1 The buyer will be deemed to have accepted the goods unless he rejects them within 24 hours after their receipt at the delivery address.

7.2 The seller shall have no liability for goods delivered in a damaged condition or lost in transit or for shortages in delivery unless:

SPECIFICATIONDESIGNPAYMENT
(i) Charge interest on the outstanding amount at the rate of 4% above Lloyds Bank Plc base rate, accruing daily:
(ii) Require payment in advance of delivery of undelivered goods:
(iii) 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:
(iv) To terminate the contract:
(v) To enforce the terms of clauses 11.2 and 11.3

10.4 Unless otherwise agreed the buyer shall not be entitled to exercise any right of set-off or counterclaim against monies owed to the seller for goods invoiced and delivered to him.

OWNERSHIP OF GOODSPATENTSDETERMINATION OF CONTRACTNOTICESOTHER CONDITION

15.1 No liability will be accepted for any failure of, or delay in, performance which is due wholly or partially to restriction by Government or other competent authority, strikes, lock-out, failure by suppliers to supply raw materials or to any cause whatsoever outside our control.

15.2 Any waiver by the seller of its rights hereunder in respect of breach by the buyer shall not affect the rights of the seller in the event of a subsequent breach by the buyer.

LAW

16.1 These conditions and the contract shall be subject to and consulted in accordance with English Law, and the buyer is deemed to submit to the non-exclusive jurisdiction of the High Court of Justice of England.