1.       GENERAL

1.1.    In these conditions “THE COMPANY” means Barton Carbide Tooling Limited and “THE BUYER” means the individual firm or company or other party with whom THE COMPANY contracts.

1.2.    The following conditions are the only terms on which THE COMPANY is willing to sell goods. By ordering the goods, the subject of any contract, THE BUYER agrees that THE BUYER’s conditions of purchase, if any, shall not apply to that contract.

1.3.    The contract for the sale of the goods shall comprise of THE BUYERs order and THE COMPANY's acknowledgement of order. An order based upon any quotation by THE COMPANY will not be binding on THE COMPANY until either is confirmed by THE COMPANY's acknowledgement of order or delivery of the goods is made or proffered by THE COMPANY.

1.4.    THE COMPANY reserves the right to impose a minimum order charge on orders below the minimum order value stated on the price list current at the time of receipt of the order.

1.5.    THE COMPANY reserves the right to subcontract the whole or any part of any order placed by THE BUYER.

1.6.    THE COMPANY des not accept any liability for errors or ommissions in the information contained in THE COMPANY's website.

2.       DELIVERY

2.1.    Delivery dates quoted by THE COMPANY are given as estimates only. Time of delivery will not be of the essence, and THE COMPANY will not be liable for any loss or damage howsoever arising by reason of any failure by THE COMPANY to deliver the goods on or by the date or dates quoted.

2.2    All prices quoted on THE COMPANY website at www.barton.uk.com are to be considered invitations to treat only. Any orders placed through THE COMPANY website will be considered an offer to buy from THE BUYER and will not be deemed to have been accepted by THE COMPANY, or to have placed THE COMPANY under any contractual obligation to supply, until a document entitled "Official Acceptance of Order" has been sent to THE BUYER by email.

2.2.    Should THE COMPANY be prevented from making delivery of the goods due to war, strikes, lockout, fire, flood, explosion, parliamentary or government restrictions, machine breakdowns or any other cause beyond its reasonable control, THE COMPANY shall be at liberty to cancel or suspend the order placed by THE BUYER without incurring any liability or any loss or damage therefrom.

2.3.    THE COMPANY shall deliver the goods by the means most convenient to THE COMPANY to the address specified by THE BUYER. A charge will be made for delivery to the address specified by THE BUYER.

2.4.    No claim of damage in transit, shortage of delivery, loss of goods will be entertained unless THE BUYER shall have given to THE COMPANY written notice of such damage, shortage or loss within 3 days of receipt of the goods or in the case of total loss of receipt of the invoice or other notification of despatch. THE COMPANY's liability, if any, shall be limited to replacing or at its discretion repairing such goods. It is a condition that THE BUYER shall return any damaged goods complete with the original packing to THE COMPANY within 7 days of receipt. THE BUYER shall not be entitled to make any claim against THE COMPANY for consequential loss arising out of such damage, shortage or loss.

2.5.    Delivery may be made by instalments and each instalment shall be deemed to be sold under a separate contract.

2.6.    Returns for credit not will be accepted under any circumstances beyond 30 days from the date of THE COMPANY invoice.

3.       WARRANTIES

3.1.    The goods are warranted to accord with the specification agreed between THE COMPANY and THE BUYER in writing, or if there is no such specification, they are warranted to be within normal limits of industrial quality. Save where THE BUYER purchases the goods as a customer, all other warranties or conditions as to quality or description whether statutory or otherwise are excluded.

3.2.    Catalogues, photographs and technical literature have all been carefully prepared to avoid error, but their accuracy is not guaranteed and THE COMPANY will not be liable for any accuracy or omissions. Specifications are subject to change without notice.

3.3.    Any recommendations or suggestion relating to the use of the goods made by THE COMPANY is given in good faith but it is for THE BUYER to satisfy itself of the suitability of the goods for its own purpose and it shall be deemed to have done so.

3.4.    If any product fails to conform to the specification agreed between THE COMPANY and THE BUYER, THE BUYER shall notify THE COMPANY within 30 days from the date of THE COMPANY's invoice. THE COMPANY shall correct the defect or defects by making available repaired or replacement product.

3.5.    The liability of THE COMPANY (except as to title) arising out of the supplying of the goods or their use whether by warranty, contract, negligence or otherwise shall not in any case exceed the cost of repairing defects in the goods or replacing the goods.

3.6.    Save where THE BUYER purchases the goods as a customer, the foregoing shall constitute the sole and exclusive liability of THE COMPANY. The warranties stated in this paragraph are exclusive and are in lieu of other conditions or warranties (except as to title) written or oral, expressed or implied, of merchantability or fitness of purpose.

4.       PAYMENT

4.1.    Each contract shall be considered a separate and independent transaction and payments shall be made accordingly. If delivery is delayed by THE BUYER payments shall become due on the date when THE COMPANY is prepared to make delivery.

4.2.    Except in the circumstances described in paragraph (4.4) or (4.5) or (4.6) all goods shall be paid for not later than 30days after the date of delivery, and time of payment shall be of the essence of any contract in the case of goods sold or delivered by instalment, each instalment shall be paid for separately and accordingly the provision of this clause shall apply to each instalment.

4.3.    THE COMPANY shall be entitled to suspend delivery and to stop manufacture of any goods ordered by a buyer until any monies overdue for payment are received from THE BUYER.

4.4.    Payment for all goods delivered shall become immediately due upon THE BUYER making default of any sums to THE COMPANY whether arising under this contract, or upon THE BUYER ceasing to carry on business, or in the event that a receiver is appointed in respect of any of THE BUYER’s assets, or in the event that a bankruptcy or a winding-up petition is presented in respect of THE BUYER.

4.5.    Where THE BUYER is located in, based in or trading from a country other than the United Kingdom or THE BUYER requires THE COMPANY to send goods directly to any country other than the United Kingdom, the terms of payment shall be those indicated on THE COMPANY’s Quotation, Order Acknowledgement, Proforma or Invoice, and these terms shall be of the essence of the contract.

4.6    Where an order is placed via THE COMPANY's website, payment will be taken by credit card. THE COMPANY will approve the credit card transaction on taking the order, but THE BUYER's credit card will not be charged until the goods are being prepared for despatched.

5.       RISK/TITLE

5.1.    The risk in the goods shall pass to THE BUYER at the point of delivery.

5.2.    Upon delivery of the goods THE BUYER shall hold the goods solely as bailee for THE COMPANY and shall store the same separate from other goods of THE BUYER clearly identified as being the goods of THE COMPANY, and in any event the goods shall remain the property of THE COMPANY until such time as THE BUYER shall have paid to THE COMPANY the full purchase price of all goods supplied whether under that contract or any other contract, and all other sums due from THE BUYER to THE COMPANY.

5.3.    If THE BUYER fails to pay for any goods when payment is due, or ceases to carry on business, or if a receiver is appointed in respect of any of THE BUYERs assets, or in the event of a bankruptcy petition or winding-up petition is presented in respect of THE BUYER, THE COMPANY shall be entitled to recover at any time from THE BUYER and enter upon any land or premises owned or occupied by THE BUYER for the purpose of removal of the goods.
 

6.       PATENTS AND DESIGN

6.1.    Where THE COMPANY manufacturers or supplies goods to THE BUYERs design or specifications THE BUYER will indemnify THE COMPANY in respect of any loss or damage suffered by THE COMPANY as a result of any infringement of design, patent, letters, copyright, trade mark or any other title of right of any third party.

7.       VARIATION OF QUANTITIES SUPPLIED

7.1.    THE COMPANY reserves the right to despatch 10% over or 10% under the quantities of any items ordered.

8.       CONSEQUENTIAL LOSS

8.1.    Save as provided herein and subject to the provisions in section 2(1) of the Unfair Contract Act 1977, THE COMPANY shall not be liable to THE BUYER for any direct or consequential loss incurred by THE BUYER in respect of any negligence, breach of contract or statutory duty on the part of THE COMPANY or its employees in connection with the supply of any goods or design or manufacture thereof or in the carrying out of work.

9.       HEALTH AND SAFETY

9.1.    THE COMPANY reminds THE BUYER of the provisions of section 6 of the Health and Safety at Work Act 1974, and THE BUYER warrants that it will ensure that any persons to whom THE COMPANY’s goods are supplied is made fully aware of the danger associated with grinding tungsten carbide or using tungsten carbide tooling for machining and for the avoidance of these dangers will instruct the user as to the safety precautions which need to be taken.

9.2.    THE COMPANY will supply written guidelines on request, which are also published in the catalogues. References should also be made to British Hardmetal Association Guide to Health 1988.

10.    

10.1.  Nothing contained in these conditions of sale shall have an effect of excluding or restricting the liability of THE COMPANY for death or personal injury resulting from its negligence or for any breach of obligations owed by THE COMPANY to any buyer who contracts as a customer or who purchases goods for consumer use insofar as any such exclusion or restriction is prohibited by English law.

11.   LAW AND JURISDICTION

11.1.    English Law shall govern the contract between THE BUYER and company and all disputes shall be subject only to the jurisdiction of the English Courts.