Terms of Business
Globe Engineering Limited
Version 5.5 – 5th January 2025
1. General
All contracts entered into for the sale or supply of goods between the Company and the Buyer shall be subject to the following conditions:
- 1.1 Any tender or quotation is valid for seven days unless otherwise stated.
- 1.2 A contract is formed only when the Company accepts the Buyer’s offer in writing.
- 1.3 These terms are the entire agreement unless otherwise agreed in writing.
2. Price
- 2.1 Prices are net ‘Ex-Works’ and may vary due to cost changes.
- 2.2 Overtime at the Buyer’s request may incur extra charges.
- 2.3 VAT is added to all prices unless stated.
- 2.4 Transport costs beyond dispatch are chargeable to the customer.
3. Delivery
- 3.1 Delivery times are approximate and not of the essence.
- 3.2 Delays due to Buyer’s actions or external events may extend delivery time.
- 3.3 Each delivery or instalment is a separate contract.
- 3.4 The Company may dispatch and invoice part orders.
- 3.5 Buyer refusal to accept goods may incur return/storage charges.
- 3.6 Claims for shortages/damage must be made within 3 days, with appropriate documentation.
- 3.8 No liability is accepted for fitness for purpose or consequential loss.
4. Storage
- 4.1 Storage charges may apply if goods are not collected within 14 days of notice.
- 4.2 Buyer’s materials are stored at their own risk.
- 4.3 Demurrage costs may be recharged to the Buyer.
- 4.4 Buyer must examine goods before collection and sign a delivery note.
5. Testing and Inspection
- 5.1 Testing is final and conclusive unless otherwise agreed.
- 5.2 Certificates may be provided, but the Company accepts no liability for inaccuracies.
6. Risk
Risk passes to the Buyer on dispatch unless otherwise agreed (see Clause 6.1 for exceptions).
7. Payment
- 7.1 Payment is due at the end of the month following dispatch.
- 7.2 Interest is charged on late payments at 8% above the London base rate.
- 7.2.1 The Company has a general lien on Buyer’s goods for unpaid amounts.
- 7.2.2 If payment is not made within 4 weeks, the Company may sell the goods.
8. Export Sales
- 8.1 Obligations are discharged upon presentation of shipping documents.
- 8.2 Payment must be via irrevocable letter of credit or agreed open account terms.
- 8.3 Buyer must obtain necessary import licences.
- 8.4 FOB responsibility ends once goods are on board.
9. Title
- 9.1 Ownership remains with the Company until full payment.
- 9.2 Buyer must store goods to identify them as Company property.
- 9.3 Power of sale ends upon insolvency or similar events.
- 9.4 Company may enter premises to recover goods if required.
10. Quality
No warranties are given unless expressly agreed in writing. Liability is limited and excludes consequential damage.
11. General Liability
- 11.1 Company is not liable for loss due to delays, war, strikes or acts of God.
- 11.2 Force majeure applies to delays outside of the Company’s control.
12. Commercial Rights
The Buyer indemnifies the Company against claims relating to IP infringement from supplied designs.
12.1 The Company is not liable for defects in Buyer-supplied designs/specifications.
13. Cancellation
Orders cannot be cancelled without written consent. Returns without approval will not be credited.
14. Termination
The Company may suspend or terminate the contract in various cases including non-payment, breach, insolvency or force majeure.
15. Sub-Contracting
The Company may sub-contract part or all of the contract.
16. Statutory Liability
If any limitation in these terms is deemed invalid, only that part shall be removed. Remaining terms remain effective.
17. Jurisdiction of Law
This contract is governed by English law. Disputes are subject to the jurisdiction of the Courts of England.
17.1 If a clause is ruled void, only that clause is excluded from the contract.
