Legal Notice

Legal notice

Your use of this Kerrial Plastics Limited's internet site is governed by these Conditions of Use and subject to this Notice of Copyright.

Conditions of Use:

   1. All material included in our website is intended for information purposes only and does not represent legal advice. Users are hereby placed under notice that they should take appropriate steps to verify such information. No user should act or refrain from acting on the information contained in this website without first verifying the information and as necessary obtaining legal and/or professional advice.

   2. Kerrial Plastics Limited makes no representations or warranties whatsoever as to the accuracy of the information contained in this website.

   3. Kerrial Plastics Limited expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and the Kerrial Plastics Limited had been advised of the possibility of the same. Consequential and indirect loss and damage shall include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.

   4. The user agrees that material downloaded or otherwise accessed through the use of this website is obtained entirely at the user's own risk and that the user will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, even if such loss and damage was reasonably foreseeable and Kerrial Plastics Limited had been advised of the possibility of the same.

   5. Kerrial Plastics Limited does not accept any liability in connection with any third party websites that can be accessed through this website and does not endorse or approve the contents of any such site.

   6. If any provision of these Conditions of Use or the Notice of Copyright is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions which shall remain in full force and effect.

   7. Kerrial Plastics Limited's omission to exercise any right under these Conditions of Use or the Notice of Copyright shall not constitute a waiver of any such right unless expressly accepted by the Analysis Bureau Imagery in writing.

  8. These Conditions of Use and the Notice of Copyright shall be governed by and construed in accordance with the law of England and Wales and the user and tKerrial Plastics Limited agree to submit any dispute arising out of the use of this website to the exclusive jurisdiction of the courts of England and Wales. 


Notice of Copyright

   1. Except where expressly stated to the contrary, copyright in the text, graphics and information contained in this website is owned by Kerrial Plastics Limited. You may print or download to a personal computer extracts amounting to no more than six pages of this site for personal use providing that (i) the Kerrial Plastics Limited website is the acknowledged source including the reference www.kerrial.com, and (ii) this permission may be revoked at any time by Kerrial Plastics Limited.

   2. Permanent copying and/or storage of whole or part of this website or the information contained therein or reproduction or incorporation of any part of it in any other work or publication whether paper or electronic media or any other form is expressly prohibited. 


Your use of this Kerrial Plastics Limited internet site is governed by the above Conditions of Use.

For further details on material that is Kerrial Plastics Limited copyright, please e-mail us at:  expert@kerrial.com.

In respect of Kerrial Plastics Limited copyright, all rights are reserved.



KERRIAL PLASTICS LIMITED - CONDITIONS OF SALE

1.   (a)     The equipment and supplies specified overleaf are supplied on the terms and conditions set out herein.

      (b)     In these conditions Kerrial Plastics Limited is referred to as "the Company" and the person, firm or company placing the order or otherwise dealing with the Company as "the Customer".

2.        The Customer will ensure that any customer of his enters into a legally binding contract which at least includes the minimum of the full intended meaning of clauses two to seven hereof.  If the Customer fails to do so he will fully indemnify the Company against any loss or damage or action arising therefrom.

3.        Flexible textured imprinting tools should not easily ignite and have a flash point of about 200 degrees centigrade when noxious and dangerous gases would be given off.

4.        When using any of the Company's tools colour hardeners release agents consumables or sealers any operative must wear protective overalls, waterproof gloves, eye protection, respiratory filtration mask and other suitable protective clothing and avoid inhalation of any dust or direct contact with the skin/eyes/nose/ mouth/ears.

5.        The equipment and supplies overleaf must only be used on concrete mixed to the specification given by an expert concrete supplier employed in any specific work.

6.        The Company will accept no liability for the misuse of the goods supplied which must be used in accordance with these conditions and in particular clause 5 hereof.  Information and recommendations given are compiled with all reasonable care and are based upon development work and customer experience.  No responsibility can be accepted for any work carried out with the products since the conditions of use are beyond the control of the Company.  It is the Customer's responsibility to determine that the product is suitable for the purpose and that conditions are satisfactory.

7.        The copyright and design rights and other intellectual property rights of whatever nature of all goods supplied are and shall remain vested in the Company and the Customer will not take nor assist any other person to take any action which infringes any of those rights and will notify the Company of any unauthorised use of any of them.

8.        Consumers - Nothing in these conditions shall affect the statutory rights of the Customer who in relation to the Company "deals as consumer" as defined in Section 12 of the Unfair Contracts Act 1977 or any amendment or modification thereof.

9.        Advice - The Company shall be under no liability whatsoever in respect of any advice it has given or views it has expressed to a Customer whether or not such advice is given or such views expressed at the Customer's request.

10.       General -

     (a)     All prices quoted by the Company are based upon these Conditions and reflect the limitations upon the Company's liability which they contain.

     (b)     In the absence of any special arrangements (which shall not bind the Company unless made in writing and signed on the Company's behalf by a person duly authorised for that purpose) these conditions shall apply to all quotations given by the Company and all contracts made between the Company and each of it's Customers and shall supersede and override any other terms and conditions proposed or stipulated by the Customer.

     (c)     It is expressly forbidden to remove or cause to be removed any of the Company's goods or products or equipment from Great Britain without previous written agreement.  The Customer shall indemnify the Company against every risk including third party liability or product liability or Health and Safety should any of the Company's goods or products or equipment be removed or cause to be removed from Great Britain by the Customer or the Customer's customer/s or the Customer's successors in title or by any other method by the Customer or the Customer's agent or the Customer's successor/s.

11.       Prices -

     (a)     All prices quoted by the Company are exclusive of Value Added Tax and are subject to variation without notice at any time prior to the Company's written acknowledgement of order.

     (b)     Prices quoted by the Company are based upon current costs in the event of any increases of such costs to the Company between the date of contract and the date upon which the goods are delivered, the Company reserves the right to make a commensurate increase in the price payable by the Customer under the contract.

     (c)     Prices quoted by the Company are for the quantities of goods specified and shall apply only to orders for those quantities.

     (d)     Quotations are for information only and are not binding on the Company until the Company has accepted an order in writing and the Company reserves the right to revise the quoted prices and charges in the event of any change in costs and or prevailing conditions between the date of quotation and the date of dispatch, and in the event of any relevant devaluation of any currency.

12.       Payment - Unless otherwise agreed in writing by the Company, payment of the full price (including Value Added Tax and any delivery charges) of the goods shall be due pro forma. 

          The Company shall charge the Customer the rate of 4% per month applied to funds relating to all overdue or outstanding payments.

13.       Ownership -

     (a)     All goods delivered by the Company to or to the order of the Customer shall remain the property of the Company until all sums due to the Company from the Customer whether or not in respect of such goods have been paid in full.

     (b)     The Customer shall be entitled to sell such goods in the ordinary course of his business (but not as agent for or otherwise on behalf of the Company).  In the event of his so doing the Customer shall hold upon trust for the Company such part of the proceeds of sale as may be required to satisfy all the sums due to the Company as aforesaid.

     (c)     The provision of clause 13(b) above shall continue to apply notwithstanding that the goods may have been used in the manufacture of any article.  In the case of a sale by the Customer of goods which have been said used in the manufacture of an article "the proceeds of sale" for the purpose of clause 13(b) shall mean that part of the proceeds of sale of the article is referable to the goods contained therein.

     (d)     Upon the occurrence of any of the events specified in clause 24 hereof the Customer's aforesaid right to sell goods which remain the property of the Company hereunder shall thereupon cease and the Company shall be entitled to immediate possession of all goods remaining in the custody or under the control of the Customer which have not been used in the manufacture of any article.  The Customer shall hold such unused at the disposal of the Company who shall be entitled to enter upon any land or premises of the Customer for the purposes of recovering  the same.

     (e)     Until the ownership thereof has passed to the Customer all such unused goods in the Customer's possession or under his control shall be so marked or labelled by the Customer as to be  readily identifiabl

e as the property of the Company. 

     (f)     All goods must be kept in good condition pending satisfaction of the above.

14.       Risk - The risk in the goods shall pass to the Customer upon delivery.

15.       Delivery -

     (a)     Unless otherwise agreed in writing goods are quoted supplied ex the Company's works.

     (b)     Any time or date for the dispatch or delivery of goods or for the commencement or completion of work whether specified in the contract or otherwise shall be taken as an estimate made by the Company in good faith which the Company shall use its best endeavours to fulfil but shall not be binding on the Company either as a term of the contract or otherwise.  In no circumstances shall the Company be liable for any loss or damage sustained by the Customer in consequence of any failure by the Company to adhere to such times or dates or in consequence of any delay in such dispatch, delivery, commencement or completion however caused.

     (c)     Any claim of the Customer that the Company has failed to dispatch from it's works the specified quantity of goods shown on the Company's delivery note or alternatively has failed to deliver on board ship the specified quantity of goods shown on the bill of lading, shall be no later than 24 hours (excluding Bank Holidays and Sundays) after receipt of the relevant  consignment by the Customer.  In no circumstances shall the Company be liable in default of notification with such period.

     (d)     Any claim of the Customer that the Company had dispatched from its works or alternatively has delivered on board ship none of the goods shown on the Company's invoice shall be made in writing no later that 7 days after receipt of such invoice.  In no circumstances shall the Company be liable in default of notification within such period.

16.       Force Majeure - In the event of war, invasion, act of foreign enemy, hostilities (whether war has been declared or not) civil war, rebellion, insurrection, riot, civil disturbance, fire, flood, explosion, accident, theft, climatic conditions or shortage of material the Company shall be relieved of obligations incurred under the contract wherever and to the extent that fulfilment of such obligations is prevented, frustrated, impeded or delayed as a consequence of any such event or by any statute, rules, regulations, orders or requisitions issued by any Government, council or other duly constituted authority or from strikes, lockouts, trade disputes (whether involving the Company's employees or other parties) or any other causes, whether or not of a like nature, beyond the Company's control.

17.       Limitations -

     (a)     The Company's liability in respect of any claim shall be limited to replacing, repairing or crediting the Customer the purchase price of any goods bought relating directly to the claim.

     (b)     Limitations shall not require the Company to remove or refix goods or to carry out any work or repair restoration or making good consequent upon any removal, repair or replacement of such goods or the rectification by the Company of any defective work.

     (c)     The Customer will be liable to indemnify the Company against all expense, loss or damage suffered by the Company as a result of false trade descriptions or of claims for infringement of patents, trade marks, registered designs or copyright arising out of work done or orders supplied to your direct instructions.

18.       Exclusion of Liability -

     (a)     The above limitations are given by the Company and accepted by the Customer in substitution for any rights which the Customer may otherwise have

     (i)     by virtue of any express or implied representation condition or warranty statutory or otherwise as to

     (ii)     the state quality fitness or performance of the goods.

     (iii)     in negligence or otherwise in tort arising out of or in connection with the supply of any goods or materials to or to the order of the Customer or the execution of any work for the Customer and all such liability however arising is hereby expressly excluded.

     (b)     The standard of the Company's workmanship and the state quality fitness or performance of any materials supplied in connection therewith and all such representations conditions warranties are hereby expressly excluded.

     (c)     The Company shall not be liable in any manner whatsoever whether in contract tort misrepresentation or otherwise for any indirect or consequential loss damage or injury however caused which may arise out of or in connection with the supply of goods or materials to the Customer or the order of the Customer or the execution of work for the Customer.

     (d)     In this condition, the words "goods", "materials" and "work" shall include goods

and materials supplied and the work executed under the guarantee.

19.       Representation before contract - The Customer acknowledges that he was not induced to contract with the Company as a result or any representation of whatever nature made to him by any servant or agent of the Company.

20.       The Customer's Materials -

     (a)     Where it is agreed that the Customer shall supply materials for the manufacture of or incorporating in or use with the goods to be manufactured by the Company

     (i)     such supply shall be in quantities sufficient to allow for manufacturing losses

     (ii)     the Customer must satisfy himself that such materials and the goods manufactured therefrom are of the correct specification, quality, dimensions, tolerances, efficiency, suitability and  performance.

    

(iii)     delivery of the same shall be in such quantities and at such rate as will permit an uninterrupted process of manufacture by the Company.

     (iv)     the materials delivered as aforesaid shall remain at the risk of the Customer and the Company shall be under no liability for any loss of or damage to such materials and goods whether attributable to the acts or defaults or negligence of the Company it's servants or agents.

     (b)     Where it is agreed that the Company shall use such materials in the manufacture of goods, the Customer will indemnify the Company against liability however caused for any loss, damage or injury whether occasioned by the Customer, his servants or agents or by third parties by virtue of such materials of the goods manufactured therefrom.

21.       Tools, Patents and Designs -

     (a)     The ownership and right to possession of all moulds and tools used for the purpose of manufacturing the goods shall at all times be vested in the Company whether or not the Customer has paid or contributed to the cost of manufacturing such moulds or tools.

     (b)     Where goods are manufactured to designs, drawings or specifications of the Customer or where it is agreed that goods are to be manufactured by the Company with materials supplied by the Customer, the Customer will indemnify the Company against any damages, claims, costs, charges or expenses arising from any infringement of patent, copyright, registered design or other industrial property rights in respect of the use of such designs, drawings, specifications and any such materials by the Company and in respect of the manufacture, distribution and sale of the goods.

22.       Cancellationof Order - Orders placed by the Customer are not subject to cancellation either wholly or in part except with the written consent of the Company.  Such consent will usually be given upon terms that the Customer shall reimburse the Company for any loss or expense occasioned by the cancellation.

23.       Separate Contracts - Each delivery or part delivery of an order by the Company shall be treated as a separate contract and failure on the part of the Company to make any delivery or part delivery shall not affect or vitiate this contract with regards to other deliveries.

24.       Default of the Customer - If the Customer shall make default in or commit a breach of the terms or conditions of any contract with the Company, or if any distress of execution shall be levied upon the Customer's property or assets or if the Customer shall make an offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any petition of receiving order in bankruptcy shall be presented or made against him, or if the Customer is a limited company and any resolution or petition to wind up such company's business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or if a receiver of such company's undertaking property or assets or any part thereof shall be appointed, the Company shall have the right without notice to the Customer and without prejudice to any other claims or rights which the Company may make or exercise to determine all or any of it's contracts with the Customer.

25.       Waiver - Unless otherwise specifically agreed in writing no concession payment delivery or other action or omission by the Company shall constitute or be deemed to constitute a waiver of its rights hereunder in respect of any existing or future contract.

26.         Law - These conditions and the contract shall be subject to and construed in accordance with English Law.

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