Terms and Conditions 

Unless the price in the quotation is expressly stated not to be subject to this Clause, the quotation is based on the prices of material and labour ruling at the date of quotation. An adjustment of price shall be made if by reason of a change in the ruling prices of material or labour coming into effect after the date of the quotation, the price paid by us for the material or labour actually used in the manufacture of any part of the goods shall be either higher or lower than the prices for material or labour which were ruling at the date of the quotation. In that case the price payable by the buyer under the contract (or in the case of the instalment contract the price payable for any instalment then remaining to be delivered under this contract) shall be the quotation price plus or minus the amount by which our manufacturing costs shall have been altered by reason of such a change in the ruling prices. 

 

This quotation is valid for 30 days from the date of offer and shall not be binding on us until it has been accepted by the Buyer in writing. We reserve the right to withdraw or cancel any quotation up to the time when we receive the Buyer's written acceptance. 

 

All orders are accepted on the terms & conditions herein set out and on no other terms or conditions. 

 

No order after acceptance may be cancelled by the Buyer, nor may the Buyer suspend deliveries thereunder without receipt of formal written notification from the Buyer and acceptance from the Maybrey Reliance. Subject to agreement of which this may then incur a cancellation charge, this being proportional against any administration work or part work already instigated to the contract at that time. 

 

Net monthly payment is due at the end of the month following that in which the goods are delivered or samples are approved, unless other arrangements for payment are agreed by us in writing. Date of delivery is deemed to be the date of arrival of the goods at the place of delivery or 10 days after date of dispatch whichever is earlier. 

 

If payment is not made at the due date we have the right to suspend delivery or, at our option, to cancel the contract without prejudice to any other rights and remedies which we may have. 

 

1 - Title of the goods shall remain the property of Maybrey Reliance and shall not pass to the Buyer until the purchase price for the goods has been paid in full and received by Maybrey Reliance. Until title to the goods passes: 

a) Maybrey Reliance shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods; 

b) Maybrey Reliance and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the goods or any part are stored, or upon which Maybrey Reliance reasonably believes them to be kept; 

c) The Buyer shall store or mark the goods in a manner reasonably satisfactory to Maybrey Reliance indicating that title to the goods remains vested in Maybrey Reliance. 

2 - Irrespective of whether title to the goods remains vested in Maybrey Reliance, risk in the goods shall pass to the Buyer upon delivery. 

 

Where patterns/dies are supplied by the Customer our quotations are based on the assumption that such patterns/dies are true to drawing and are entirely suitable for our methods of production. Reasonable precautions are taken but patterns/dies are held at Customer's own risk. 

 

Maybrey Reliance reserve the right to modify our price should the Buyer request any change in the design or weight of the article or, in the case of work to Government specifications, if a specification is altered after the quotation is accepted. 

 

Unless otherwise stated, the expenses incurred in making any physical mechanical radiographic, analytical or other test required by the Buyer including the weights of all test pieces are charged as an extra. 

 

Unless stated otherwise, all quotations relate to ex works prices only. Carriage will be chargeable per delivery, this being subject to and dependent upon relative weights and distances involved. 

 

Maybrey Reliance are not liable in respect of any damage to goods in transit however caused or short delivery due to loss in transit unless (a) we are responsible for arranging carriage and (b) such damage or short delivery is reported by separate notice in writing to us and to the carriers within 3 days receipt of goods to the Buyer and (c) the goods have been signed for by the Buyer either as damaged or as not examined. 

 

In the event of delay in transit or non-delivery Maybrey Reliance are not liable and no claim can be entertained unless (a) we are responsible for arranging carriage and (b) a separate notice in writing of non-delivery reaches us within 10 days from the date of dispatch. The times for delivery as stated in our quotations are estimates, and shall date from the receipt by us of written instructions to proceed together with relevant drawings. Maybrey Reliance undertake to do our best to adhere to the dates given but accept no liability for failure to do so. 

 

Maybrey Reliance shall NOT be under any liability whatsoever in respect of or arising out of delay in manufacture or delivery or failure to deliver the whole or part of the goods covered by this contract where such delay or failure is due to any circumstances of any kind whatsoever outside our control. 

 

Non-returnable packaging will be charged in full. Returnable stillage‘s and packages are charged for and credited in full if returned in good condition, carriage paid, within 3 weeks of date of dispatch from our works. Advice notes must be sent with all returns whether dispatched by the Buyer or collected by us. Buyer to make payment in full for all returned packages lost or received by us in a damaged condition. 

 

The Buyer shall be responsible for ascertaining any defects in castings or materials as soon as possible after delivery and for notifying us in writing immediately. Any goods which are shown to our satisfaction to be defective will be credited in full, replaced and re-invoiced provided they have been returned to our works carriage paid within 3 months from the date of dispatch. 

 

Maybrey Reliance shall be under no liability for free replacement or otherwise if the goods are not returned to us within 3 months, or if the defects are due to faults in the design or samples supplied by the Buyer. 

 

Maybrey Reliance shall be under no liability in any event for any machining costs or other expenses or for consequential loss or damage of any sort incurred by the Buyer in respect of defective goods. 

 

Except as expressly provided by this clause, this contract shall be free from any condition or warranty which but for this clause might be deemed to be implied by statute or otherwise as to the quality of the goods or their fitness for any particular purpose whether or not that purpose shall have been disclosed to Maybrey Reliance. 

 

The Buyer warrants that no infringement of any patent, registered design or trade mark is involved in the order placed by them or in any specification given by him to us. The Buyer agrees to indemnify us in full against all actions, proceedings, claims, demands, damages, costs and expenses which may be brought or made against us or which we may sustain or incur by reason of any such infringement. 

 

In this condition the expressions die and dies include special tools, patterns and moulds unless expressly agreed in writing: 

 

(a) The price quoted includes part only of the cost of dies (unless expressly stated otherwise) and as such is exclusive of any charges relative to the design and development of ingate and feeder systems employed, these being considered exclusive to Maybrey Reliance techniques and manufacturing technology. It is so quoted on the express understanding that this price is applicable only if the Buyer orders the full quantity of castings referred to in the quotation within the stated period. The Buyer agrees that if they order fewer castings than the full quantity or required delivery to be made over a longer period, or fails, for any reason, to take delivery of the full quantity within the period stated, Maybrey Reliance shall retain the option to increase the price quoted so as to include the whole cost of making the die or dies. 

 

(b) Before the die is made the Buyer shall submit a piece drawing for our acceptance. When the piece drawing has been accepted by us in its original form or any alterations suggested by us have been approved by the Buyer, it is followed and if alteration is required by the 8uyer after work on the die has begun, they shall pay the additional cost involved. We shall submit sample castings for approval before executing the bulk of the order. Failing receipt of either express approval or a specific report in writing from the Buyer against the samples within 1 calendar month of dispatch, the order in substance shall be deemed pended until receipt of further notice, with Maybrey Reliance being excused any obligation to accommodate or abide by prior committed delivery schedule. 

The cost of dies (whether part cost or full cost in accordance with paragraph (a) above) is invoiced when samples are submitted, and payable to terms once sample is approved or presumed approval by the Buyer in accordance with paragraph (b). 

 

Dies would remain the possession of Maybrey Reliance, who undertakes not to supply goods or any other information relative to such, to any other third party, without the prior authorization of the Buyer, whilst Maybrey Reliance undertakes to maintain the dies in good condition throughout their normal useful life, any necessary cost of refurbishment (brought about by fair and tear) would become subject to a separate and negotiation with the Buyer. 

 

When a die is made correct to the Buyer's drawing or sample, the Buyer shall pay in full the cost of any subsequent alteration made at their request. 

Maybrey Reliance reserves the right, prior to sufficient notice to the Buyer, to levy a nominal charge for the storage of dies when there have been no call off for a period in excess of 12 months. 

 

Termination for breach of contract, bankruptcy etc. 

If the Buyer makes a default in, or commits any breach of any of their obligations under this contract, or if any distress or execution shall be levied upon them, their property or assets or if the Buyer shall make or offer any arrangement or composition with creditors or shall commit any act of bankruptcy, or if any Petition or Receiving Order for Bankruptcy shall be presented or made against them, or if (where the Buyer is a limited liability company) any Resolution or Petition to wind up such company shall be passed or presented (otherwise than for the bona fide reconstruction or amalgamation) or if the Receiver of such company's undertaking, property or assets or any part thereof shall be appointed in any such event we shall have the right forthwith to determine any subsisting contract with the Buyer, and upon written notice of such determination being posted by us to the Buyer's last known address, any such contract shall be deemed to have been determined without prejudice to any other right or remedy to which Maybrey Reliance may be entitled.