Page 152 - 诺霸英文2022

TERMS & CONDITIONS

TERMS & CONDITIONS - SEPTEMBER 2021

1. INTERPRETATION AND APPLICATION OF TERMS 3.5 If for any reason the Customer will not accept delivery of any of the Goods when they are ready for delivery, or
1.1 In these Conditions the following words have the following meanings: Norbar is unable to deliver the Goods on time because the Customer has not provided appropriate instructions,
“Contract” means the contract between Norbar and the Customer for the sale and documents, licences or authorisations then, without prejudice to any other right or remedy available to Norbar:
purchase of the Goods and/or Services, incorporating these Conditions, the a) risk in the Goods will pass to the Customer;
Order and the Order Acknowledgement; b) the Goods will be deemed to have been delivered; and
“Customer” means the person(s), firm, company, entity or organisation who purchases c) Norbar may store the Goods until delivery whereupon the Customer will be liable for all related costs and
Goods and/or Services from Norbar; expenses (including, without limitation, storage and insurance).
“Customer Equipment” means equipment belonging to the Customer which is the subject of Services to 3.6 The Customer has no right to cancel an Order once an Order Acknowledgment has been issued, but Norbar may,
be carried out under a Contract or which are to be incorporated into any Goods; at its discretion, accept cancellation of any Order or returns of Goods ordered in error or no longer required,
“Delivery Point” means the address within the UK mainland which is notified to Norbar as the subject to the payment of a handling charge of 15% of the order value (excluding VAT), except that:
place for delivery of the Goods and/or Customer Equipment; a) Production ‘P’ type wrenches may not be cancelled or returned;
“Engineer to Order Goods” means any non-standard Goods specifically designed, modified and/or made for b) Goods supplied with a UKAS accredited or traceable calibration certificate will be subject to a recalibration
the Customer or to the Customer’s specification; charge in addition to the handling charge;
“Goods” means the goods set out in the Order to be supplied by Norbar to the c) Engineer to Order Goods may be charged for up to 100% of full price.
Customer (including any part or parts of them and, if applicable, any Customer Goods returned for credit will only be accepted if they are returned in the original packaging, in a new, unused
Equipment); condition, carriage paid within 30 days after the despatch date.
“Norbar” means Norbar Torque Tools Limited (380480), whose registered office address is 4 NON DELIVERY
at Wildmere Road, Banbury, Oxon, OX16 3JU; 4.1 The quantity of any consignment of Goods as recorded by Norbar upon despatch from Norbar’s place of business
“Order” means the order for the Goods and/or Services placed on Norbar by the will be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide
Customer; conclusive evidence proving the contrary.
“Order Acknowledgement” means the acknowledgement of Order issued by Norbar to the Customer; 4.2 Norbar will not be liable for any non delivery of Goods (even if caused by Norbar’s negligence) unless written
“Services” means the services set out in the Order to be performed by Norbar for the notice is given to Norbar within 14 days of the date when the Goods would, in the ordinary course of events, have
Customer� been received�
1.2 Subject to any variation under Condition 1.4 the Contract will be on these Conditions, the Order and the Order 4.3 Any liability of Norbar for non delivery of the Goods will be limited to replacing the Goods within a reasonable
Acknowledgment to the exclusion of all other terms and conditions. They supersede any previously issued terms time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
and conditions of supply. If there is any discrepancy between these Conditions and the Order Acknowledgement, 5 RISK/TITLE
the latter will prevail to the extent necessary to resolve the inconsistency.
1.3 No terms or conditions endorsed upon, delivered with or contained in the Customer’s Order, confirmation of 5.1 The Goods are at the risk of the Customer from the time of delivery.
order, specification or other document will form part of the Contract. 5.2 Ownership of the Goods will not pass to the Customer until Norbar has received in full (in cash or cleared funds)
1.4 These Conditions apply to all of Norbar’s sales and any variation to these Conditions and any representations all sums due to it in respect of the Goods and all other sums which are or which become due to Norbar from the
Customer on any account�
about the Goods and/or Services will have no effect unless expressly agreed in writing and signed by an authorised
representative of Norbar. The Customer acknowledges that it has not relied on and will have no remedy in respect 5.3 Until ownership of the Goods has passed to the Customer, the Customer will hold all Goods on a fiduciary basis as
of any statement, promise or representation made or given by or on behalf of Norbar which is not set out in the Norbar’s bailee and Norbar will be entitled at any time:
Contract. Nothing in this Condition will exclude or limit Norbar’s liability for fraudulent misrepresentation. a) to require (at no cost to Norbar) that the Goods are stored separately and clearly marked in such a way that
1.5 Each Order or acceptance of a quotation for Goods or Services submitted by the Customer to Norbar will be they will readily be seen to be the property of Norbar; and/or
deemed to be an offer by the Customer to purchase Goods and/or Services subject to these Conditions. No Order b) to require the Customer to deliver up the Goods or any part of them to Norbar and if the Customer refuses
will be deemed to be accepted by Norbar until a written Order Acknowledgement is issued by Norbar at which to do so, to immediately repossess them; and/or
point the Contract shall come into existence. c) to enter any premises or vehicle (by its employees or agents and in the case of premises, with or without
1.6 Any quotation is given on the basis that no Contract will come into existence until Norbar despatches an Order vehicles) where Goods still owned by Norbar are stored or reasonably thought to be stored in order to
Acknowledgement. Any quotation is valid for a period of 30 days only from its date, provided that Norbar has not inspect and/or repossess them.
previously withdrawn or amended it. 5.4 Norbar will be entitled to recover payment for the Goods ordered notwithstanding that ownership of the Goods
2 DESCRIPTION has not passed from Norbar.
2.1 The description of the Goods will be as set out in Norbar’s catalogue or other published specification current at 5.5 The Customer may resell the Goods before ownership has passed to it providing that any such sale is made in
the time that the relevant Order is accepted by Norbar or, in the case of Services and Engineer to Order Goods, the ordinary course of its business at full market value and the Customer is not aware that an event specified in
as specified in the relevant quotation or Order Acknowledgement. If there is any inconsistency between the Condition 5.6(a) has occurred or is likely to occur.
published specification, the quotation and the Order Acknowledgement, the Order Acknowledgement will 5.6 Until ownership of the Goods has passed to the Customer, the Customer’s right to possession of the Goods will
take precedence over the quotation which will take precedence over the published specification to the extent terminate immediately if:
necessary to resolve the inconsistency� a) the Customer is made bankrupt or petitions for its own bankruptcy, or has a receiver, administrative receiver
2.2 Norbar reserves the right to make any changes to the specification of the Goods (including Engineer to Order or administrator appointed over all or any of its assets or undertaking or, other than for the purposes of a
Goods) and/or Services which are required to conform with any applicable statutory or regulatory requirements or solvent amalgamation or reconstruction, enters into liquidation, enters into any composition or arrangement
which do not materially affect their quality or performance. The Customer will not be permitted to reject Goods with or for the benefit of its creditors or ceases to carry on business; or
and/or Services and Norbar will have no liability to the Customer in respect of any failure of the Goods and/or b) the Customer fails to observe or perform any of its obligations under the Contract or any other contract
Services to comply with any specification in these circumstances. between Norbar and the Customer; or
2.3 The Customer acknowledges that all intellectual property rights in the Goods (including Engineer to Order Goods) c) the Customer encumbers or in any way charges any of the Goods.
and in any novel combinations or applications of the Goods (whether as a kit, system or otherwise) or which arise 5.7 Ownership of all Customer Equipment will remain the property of the Customer throughout the provision of the
in the course of conducting the Services belong solely to Norbar and, to the extent that any such rights do not Services. Subject to Condition 6.2, Norbar will take reasonable care to safeguard the Customer Equipment and no
automatically vest in Norbar by operation of law, hereby assigns and agrees to assign to Norbar all such rights. The less care than it takes to safeguard its own similar property.
Customer will take any action and execute any document reasonably required by Norbar to give full effect to this 5.8 On termination of the Contract for any reason, Norbar’s rights under this Condition 5 will remain in effect.
Condition.
3 DELIVERY 6 PRICE AND PAYMENT
3.1 In the case of sales of Goods within the UK mainland, delivery will take place: 6.1 Unless otherwise agreed by Norbar in writing the price for the Goods and/or Services will be the price set out in
Norbar’s price list current as at the date of delivery of the Goods or performance of the Services or will be as set
a) if the Goods are to be collected, on delivery to the Customer or to the Customer’s named carrier at Norbar’s out in any quotation provided by Norbar.
premises at Wildmere Road, Banbury, Oxon OX16 3JU; and 6.2 The price given in the current Norbar price list for calibration and repair services or in any quotation for such
b) in all other cases, on delivery to the Delivery Point. Services is subject to the returned Customer Equipment being of serviceable condition. If the Customer
In the case of sales outside the UK mainland (including non-mainland UK) sales will be delivered Ex Works Norbar’s Equipment is not of serviceable condition or is out of specification and cannot be adjusted or is uneconomic to
premises at Wildmere Road, Banbury, Oxon OX16 3JU (INCOTERMS 2020 edition), except where otherwise agreed repair, either a new quotation will be provided or a service replacement tool will be offered to the Customer. If
in writing. the Customer does not accept the revised quotation or service replacement within 30 days, Norbar will re-quote,
3.2 All Services will be performed at Norbar’s premises at Wildmere Road, Banbury, Oxon OX16 3JU unless otherwise revising the costs as necessary. If after a further 30 days instructions have still not been received, Norbar may
agreed in writing and the Services will be deemed to be performed on completion of the performance of the (at its option) either return the Customer Equipment and invoice for costs incurred or dispose of the Customer
Services as specified in the Order Acknowledgement. Equipment.
3.3 Any dates specified by Norbar for delivery of the Goods or performance of the Services are intended to be an 6.3 The price for the Goods and/or Services will be exclusive of any value added tax which the Customer will pay in
estimate only and time for delivery will not be made of the essence by notice. If no dates are so specified, delivery addition when it is due to pay for the Goods and/or Services. The price for Goods and Services includes the cost
will be within a reasonable time. The Goods and/or Services may be delivered by instalments. of delivery (or return of Customer Equipment in the case of Services) if the order (i) is for delivery on Monday to
3.4 Norbar will have no liability for any delay in the delivery of the Goods or performance of the Services to the extent Friday (inclusive) within the UK mainland to the Customer’s usual Delivery Point using Norbar’s usual delivery
that it is caused by any omission or delay on behalf of the Customer, including any delay in the provision of any method and (ii) has a value of over £100.00 (excluding VAT). If delivery is to Northern Ireland, the price for Goods
Customer Equipment. and Services includes the cost of delivery (or return of Customer Equipment in the case of Services) if the order (i)

151 enquiry@norbar�com | www�norbar�com