Target Fixings Limited

Application

These conditions apply to all the contracts for the sale of goods or services by the Company to any buyer ("the Customer") and prevail over & extinguish all terms of conditions and contract imposed or sought to be imposed by the Customer or implied by trade, custom, practice of course of dealing insofar as such terms and conditions are inconsistent therewith or additional thereto. Purported provisions to the contrary are hereby excluded. No alterations, exclusions or waiver of any of these conditions shall be effective or binding unless made in writing by a Director of the Company.

Quotation & Contract

1. A quotation by the Company does not constitute an offer and may be revised or with-drawn at any time prior to the Company's acceptance of the Customer's order.
2. The Company's acceptance of the Customer's order shall be conditional upon approval of the Customer's credit.
3. Customer's orders, based on the Company's quotation are open for acceptance for not more than 28 days from the date of the quotation, unless otherwise stated. Items marked as ex-stock are quoted subject to their being unsold upon receipt of the order.
4. A scheduled order calling for delivery to be made at specific times over a certain period shall constitute unqualified authority to manufacture and shall define the Customer's liability. For all such orders, unless otherwise mutually agreed upon, the Company shall have the right to complete the whole of the order within 6 months after receipt.

Prices

1. Prices payable for goods shall be those ruling at date of despatch. All printed price lists are subject to alteration without notice.
2. All prices are exclusive of V.A.T.
3. The Company reserves the right to impose minimum item and invoice charges as advised from time to time.

Terms & Payment

1. All invoices are payable without discount of any kind in Pounds Sterling in 30 days of the date of invoice and in no circumstances shall the Customer be entitled to make any deduction or withhold payment for any reason at all.
2. In the event of default of payment by the Customer the Company reserves the right to demand payment of all monies outstanding and shall be entitled without prejudice to any other right or remedy to suspend all further deliveries or any contract or contracts between the Company and the Customer without notice and charge interest on any amount outstanding at the rate of 4% per annum above the Base Rate of HSBC bank in force at the time or when payment was due and the Customer shall reimburse to the Company all costs and expenses (including legal costs) incurred in the collection of any overdue amount.

Delivery & Carriage

1. While reasonable efforts will be made to meet delivery dates any time or date for delivery mentioned in any quotation, acceptance of order or elsewhere, whether written or verbal, is intended as approximate only and not of contract effect. Accordingly the Company shall not be liable in damages or otherwise for any loss, direct or consequential, occasioned by delivery after such estimated time or date, nor shall the Customer have any right to rescind the contract simply on the grounds that delay in delivery has occurred.
2. Unless otherwise expressly agreed the Company may effect delivery instalments and where delivery is effected by instalments each instalment shall be treated as a separate contract.
3. Delivery shall be at the Customer's premises unless otherwise stipulated or agreed by the Company. Where delivery is to be effected otherwise than at the Customer's premises, to a location in mainland Great Britain, no additional charge will be made by the Company provided delivery is effected by the Company's normal means of distribution and the order value exceeds £150. Where delivery is effected elsewhere or by a means of distribution requested by the Customer or where the order value is £150 or less the full cost of delivery shall be charged.
4. If the Customer refuses or fails to take delivery of the goods tendered in accordance with the contract the Company shall be entitled to the immediate payment in full for the goods so tendered. All storage and transit costs so incurred by the Company as a result of such refusal or failure shall be for the Customer's account.
5. Goods delivered in the United Kingdom and alleged to be defective must be returned to the Company carriage paid, within 1 month of delivery.

Liability and Warranty

1. The Company shall not be liable to the Customer:
   1. for shortages in quantity delivered unless the Customer notifies the Company of any such claim for short delivery within 3 days of receipt of the goods.
   2. for damage to or loss of the goods or any part thereof in transit (whether the goods are carried by the Company's own transport or by a carrier on behalf of the Company) unless the Customer shall notify the Company and the carrier if applicable of any such claim within 3 days of receipt of the goods, in the event of total loss the Customer shall notify the Company and carrier if applicable within 21 days of the date of the Company's Advice of Consignment or Invoice whichever is the earlier.
   3. For defects in the goods caused by any act, neglect or default of the Customer or of any third party.
   4. For other defects in the goods unless otherwise notified to the Company within 1 month of receipt of the goods by the Customer.
   5. For any substitution by the Company of any materials or components not forming part of any specification of the goods agreed in writing by the Company.
   6. If a complaint is not made to the Company as herein provided then the goods shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to pay for the same accordingly.
2. The Company may at its option make good any shortage or non-delivery and/or as appropriate replace or repair any goods found to be damaged or defective.
3. The Company's aggregate liability to the Customer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the damaged, defective or under delivered goods determined by nett price invoiced to the customer in respect of any occurrences or series of occurrences.
4. The Company's prices are determined on the basis of the limits of liability set out in this condition. The Customer may by written notice to the Company request the Company to agree a higher limit of liability provided insurance cover can be obtained therefore, the premium for such insurance being for the Customer's account.
5. Subject to the foregoing all conditions, warranties and representations expressed or implied by the statute common law or otherwise in relation to the goods are hereby excluded and the Company shall be under no liability to the Customer for any loss, damage or injury, direct or indirect, resulting from defective material, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence the Company its employees or agents SAVE THAT the Company shall accept liability for death or personal injury caused by negligence of the Company.

Risk

Risk shall pass to the Customer when the goods arrive at the place of delivery if delivered by the Company's transport or in all other circumstances at the time when the goods or consignment or other part thereof leave the premises of the Company.

Title Reservation

1. Title to the goods shall not pass to the Customer until payment in full for the goods the subject of this Contract and all other goods the subject of any other Contract between the Customer and the Company which at the time of payment of the full price of the goods sold under this Contract have been delivered to the Customer but not paid for in full. Until such payment to the Company the Customer shall have possession of the goods as bailee for the Company and shall ensure that the goods are stored in such as way as to enable them tobe identified as the property of the Company. The Customer shall arrange for such goods to be fully insured in an amount not less than the price of the goods.
2. If the Customer is purchasing the goods for resale the Customer may as agent for the Company sell and deliver the goods to a third party in the ordinary course of the Customer's business on the condition that all proceeds of the sale are held in trust for the Company. The Customer hereby agrees forthwith on receipt of written notice from the Company so requesting to assign to the Company all rights and claims which the Customer may have against its customers arising from such sales until payment is made in full for as aforesaid.
3. The Company reserves the right to repossess any goods in respect of which payment is overdue and to thereafter resell the same and for this purpose the Customer hereby grants an irrevocable right and licence to the Company to enter upon all or any of its premiseswith or without vehicles during normal business hours. The right shall continue to subsist notwithstanding the termination of the Contract for any reason and is without prejudice to the Company's other rights.
4. For the purposes of Section 12 of the Sale of Goods Act 1979 the Company shall transfer only such title or rights in other respect of the goods as the Company has and if the goods are purchased from a third party shall transfer only such title or rights as that party had as transferred to the Company.
5. The Company may maintain an action for the price of any goods notwithstanding that the title in them has not passed to the Customer.

Variations

Where the goods are made to the Customer's pattern or specification the Company reserves the right to supply 10% over or under the ordered quantity in fulfilment of the contractual obligation and in such event the Customer shall pay for the quantity actually delivered.

Third Party Rights

1. The Customer shall indemnify the Company against any and all liabilities, claims and costs incurred by or made against the Company as a direct or indirect result of carrying out any work required to be done on or to the goods in accordance with the requirements or specifications of the Customer involving any infringement or alleged infringement of any rights of any third party.
2. The Company's liability to the Customer in the event of the goods infringing or being alleged to infringe the rights of any third party shall be subject to the limits specified in Condition 12 hereof. In the event that goods are or maybe subject to patent, copyright or trade mark or other third party rights the Company shall be obliged to transfer to the Customer any such title as the Company may have.

Specifications

1. All drawings, designs, dimensions and specifications provided to the Customer are approximate and intended merely to present a general idea of the goods described therein and the Company shall have no liability in respect of any deviation therefrom. The Company accepts no responsibility for any errors, omissions or other defects in any drawings, designs or specifications not prepared by the Company and the Company shall be indemnified by the Customer against any and all liabilities and expenses incurred by the Company arising therein.
2. It shall be the responsibility of the Customer to ensure that the goods shall be suitable for the particular application and for use under the particular conditions for which they are purchased. Product information and publicity material supplied by the Company which indicates the suitability of the goods for particular applications is intended for general guidance only.

Insolvency & Default

If the Customer enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or if (being a company) an order is made or a resolution is passed for the winding up of the Customer (otherwise than for the purpose of an amalgamation or reconstruction) or if a receiver is appointed by any of the Customer's assets or undertakings or if circumstances arise which entitle the Court or a creditor to appoint a receiver or manager, or which entitle the Court to make a winding up order, or if the Customer takes or suffers any similar or analogous action in consequence of debt or commits any breach of this or any other contract between the Company and the Customer the Company may without prejudice to any of its other rights stop any goods in transit and/or suspend any further deliveries and/or determine the rights of the Customer under Condition 3 hereof and/or by notice in writing to the Customer determine the contract and in the case of termination may forfeit any deposit paid.

General

1. Failure by the Company to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such rights, nor operate so as to bar the exercise or enforcement at any time or times thereafter.
2. Any notice hereunder shall be deemed to be duly given if sent by pre-paid first class post, telex, telegraph, fax or e-mail to the party concerned at its last known address. Notices sent by first class post shall be deemed to have been given 4 days after despatch and notices sent by any other of the named means shall be determined to have been given on the date of despatch.
3. The contract shall in all respects be governed by and construed in accordance with the laws of England and the parties hereby submit to the jurisdiction of the English Courts.
4. The Customer shall not assign (without first obtaining the Company's written consent) the contract in whole or in part.

• On orders received before 3pm, goods will be dispatched for a next working day delivery.
• On orders received after 3pm, goods will be dispatched the following day, on a next working day delivery.

• we will inform you by telephone or email, whichever is specified at the time of order, and you will be updated on the delivery estimate of your order.