The time for the performance of the Company’s obligations under the contract shall commence from the date upon which the Company receives all the necessary information and documentation to enable it to supply the goods or carry out the work ordered by the Customer without interruption.
Once all necessary information and documentation have been supplied to the Company, and the Company has incurred any costs and commenced production of the goods, the Customer cannot change their requirements, designs or specifications without reimbursing the Company for any and all liabilities, loss of profit and increased administration and legal costs already incurred on an indemnity basis.
Any date for delivery specified in respect of goods sold or to be sold by the Company shall be treated only as an estimate given in good faith, and such delivery is not a term of the contract and it is specifically hereby agreed that time for delivery is not of the essence. The Company shall not in any circumstances howsoever arising whether as a result of its own negligence or otherwise be under any liability to the Customer for any failure to deliver by or on such date and such failure shall not entitle the Customer to cancel or terminate the contract.
Any delivery time specified shall be extended by any period or periods during which the manufacture or delivery of the goods or other work by the Company in connection with the contract is delayed due to fire, explosion, flood, storm, tempest, sabotage, strikes, official and unofficial riot, invasion, acts of war (whether war be declared or not) shortage of labour power or materials, delay by the Company’s suppliers or carriers, civil commotion, accidents, plant breakdown, technical difficulty, seizure, or other action by or in compliance with an order or an apparently competent authority and any other event or circumstance beyond the control of the Company. Notwithstanding such delays the Customer shall take and pay for at the rate of the contract price such of the goods as shall be tendered by the Company and be ready for delivery.
From the time of the dispatch of the goods from the Company’s premises the risk of any loss of or damage to or deterioration of the goods from whatever cause whether as a result of the Company’s negligence or otherwise shall be borne by the Customer. Goods shall be deemed to have been dispatched in full quantity and in good condition unless particulars of the shortage or defect alleged are notified in writing by the Customer to the Company within 7 days of the date of receipt by the Customer of the goods.
The Company shall be entitled to charge for and be paid for all delivery and insurance costs incurred and not specifically included in the contract price.
All delivered orders are subject to a delivery quantity tolerance. This is aimed at minimising procedural administrative charges incurred through raising subsequent actions where there would be minimal value, in real terms, in doing so.
Quantity ordered Tolerance
0 – 1000 +/- 1 %
1000 – 5000 +/- 2 %
Over 5000 +/- 3 %
The Company shall be deemed to have fulfilled its contract if the Goods delivered fall within these tolerance limits.
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ORDER CANCELLATION BY THE CUSTOMER
- If an order has commenced its manufacturing process the Customer is liable to pay any costs that the Company has incurred in relation to the manufacturing of the order.
- If the order has been processed, but not commenced its manufacturing process, the Customer is liable to pay administration charges.
CHANGES TO DATE OF REQUESTED ORDER
If an order is in WIP or in finished stock ready for dispatch to a previously agreed dispatch date the Customer can be refused the right to reschedule the dispatch date to a later date.
With Incoterms 2020, FCA VIVA NYLONS LTD, 26 LUNSFORD ROAD, LEICESTER, LE5 0HJ, UK, the Customer is required to make available proof of delivery in the form of certificate of shipment/Bill of lading/ air way bill. If such documentation is not available the Customer is liable to take responsibility for any retrospective VAT and/or penalties incurred during a VAT audit.
In respect of an Overseas Customer unable to provide the requisite information, there is also the risk of incurring VAT charges for the said order and any future orders placed with the Company.