Terms and Conditions

1 DEFINITIONS

1:1           These words:-                         have the following meanings:
                “The company”                       Longwear Surface Treatments Ltd.
                “The customer”                      The firm, company, individual or other party with whom the company contracts.
                “The contract”                        Any contract which the company provides services to the customer.
                “Customers work”                  The goods or materials supplied by the customer to the company for services to be carried out.
                “Services”                               All or part of the heat treatment process offered by the company.
                “Relevant date”                      Date refered to in clause 5.
      
          (2) CONTRACT INFORMATION

2:1           Unless the company has acknowledged the customers order in writing these conditions will apply.
2:2           These conditions will override any terms or conditions stipulated by the customer on his order or by negotiation, unless otherwise agreed in writing.
2:3           Any descriptions, specifications, temperatures or capacities illustrated or described in the company’s literature,
                are intended as a general illustration of the company’s activities and cannot form part of a contract or representation.
2:4           The company reserves the right to subcontract services, to an approved third party, without reference to the Customer.
       
          (3) INSTRUCTION: SPECIFICATION AND INFORMATION

3:1           The company reserves the right to make changes to customer supplied specifications which do not materially affect performance or quality of the customer’s work.
3:2           If the customer, or third party, supply specifications/or instructions then:

                3:2:1        The customer shall bear responsibility for the relevance and suitability provided.
                3:2:2        The customer shall assume responsibility for any liability, damage or loss incurred during or after the Implementation or instruction.

3:3           The customer must advise the company and 3rd parties of all information relating to health, safety and safe handling of the customer’s work.

         (4)  PRICING

4:1           All prices are exclusive of VAT and other taxes and duties.
4:2           The company reserves the right to increase prices at any time, unless agreed in writing, for any reason.
4:3           The customer must supply goods suitably packed. Whenever possible packing materials will be re-used by the
                 company on return. Where this is not practical additional charges may be applied by the company.

         (5)  PAYMENT

5:1           Full payment for services supplied must be made within 30 days of month end in which the relevant date falls.

                This will form an integral part of the contract.

5:2           Non payment by the due date will entitle the company to demand settlement of all outstanding balances, overdue or otherwise.
5:3           The company shall have lien on customers work should all other avenues for obtaining settlement prove
                 ineffective. The company reserves the right to dispose of the customer’s work after 28 days written notice to recover due sums.
5:4           The relevant date is defined as the date which services applied to customers work, on each individual order, are completed.
5:5           The company reserves the right to charge a storage fee for completed customer’s work not collected five working days from the relevant date.

         (6)  LIMITATIONS OF LIABILITY

6:1           The customer must acknowledge and accept the risk involved in the services provided by the company.
6:2           The customer must inspect their work on receipt and advise the company of any problem at the earliest opportunity.
6:3           Mindful of the necessity to offer competitive charges and due to the vast discrepancy between value of the
                customers work and the prices charged for the company’s services, the company’s liability shall be limited to:

               - a maximum of five times the cost of the services provided by the company for the relevant customer order(s).
               - or £1000, whichever is the lesser.

6:4           The company shall not be liable for any damage or failure resulting from inadequate, inaccurate or ambiguous information supplied by the customer or third party.
6:5           Other than outlined above the company will accept no further liability for any direct or consequential loss incurred by the customer, or third party, through defect or error.

                         (7)  TESTING

                                The company does not test customers work unless specified by written request. The company can, and will, test
                                customers supplied test pieces. In the absence of customers supplied test pieces, customer’s work will be assessed
                                using the company’s standard test pieces. The company cannot guarantee the results will be similar to those that
                                might be achieved by testing the customers work. The results of tests on the company’s test pieces are available to the customer, if required.

                          (8) GENERAL

8:1           These terms, conditions and the contract are governed by English law.
8:2           If future legislation deems any of the above conditions inadmissible for any reason, the validity of the remainder will be unaffected.
8:3           The company’s failure to impose total compliance of these conditions on the customer will not constitute a waiver of any of the conditions.