Where the goods have been supplied to the buyers specifications, the company will not accept liability for any failure or defect of such goods and the buyer shall indemnify the company against all actions, claims, costs and proceedings, including claims that the specification or goods infringe the intellectual property rights of another. The company gives no warranty as to the fitness for any particular purposes of goods so supplied to the buyers own specification and cannot accept liability for clerical or drawing errors on the specification supplied by the buyer.
Should the buyer defer any previously agreed delivery date (whether to full or part deliveries), the Company will invoice the buyer as if the goods had been delivered and payment shall be due according to the normal terms of payment. The company may also charge storage costs for the period of deferment.
Damage / Loss / Non-Delivery
The company cannot accept responsibility for damage to goods, mis-delivery or non-delivery where the carrier has been given a clear receipt by the buyer, or anyone who can be reasonably said to be acting on behalf of the buyer.
Any loss or damage to goods must be notified to the company immediately upon receipt of the goods by telephone and confirmed in writing within 24 hours thereafter. The buyer shall at the same time notify the carrier in writing of any such loss and enter a note of the same upon the carriers paperwork. If the buyer fails to give any notice as provided above, and the company is precluded from making recovery from the carrier in respect of loss or damage complained of then the buyer shall be liable to pay for the goods as though no such loss or damage had occurred.