1. General
These conditions shall apply to any contract or tender made, quotation or estimate given or goods supplied by HM WIRE INTERNATIONAL, INC. except where HM WIRE INTERNATIONAL, INC. agrees in writing to any variation thereof. Any person to whom any tender, quotation, or estimate is given, or goods supplied, or with whom any contract is made is hereinafter called a “Customer”.
2. Tenders, Estimates and Quotations
All tenders, quotations and estimates made or given by HM WIRE INTERNATIONAL, INC. shall be valid for 30 days (except for copper base LME as USD/CLB) and however worded shall constitute invitations to treat only from part of a contract when a formal order (the offer) has been accepted by HM WIRE INTERNATIONAL, INC.
3. Import/ Export Licenses
Acceptance of any order by the company for goods with a destination outside the CEE or for any goods which are to be imported is conditional upon the necessary documentation being obtained. In the event of the necessary licenses or other documents being unobtainable the Contract between HM WIRE INTERNATIONAL, INC. and the Customer shall be canceled and neither party shall have any rights against the other.
4. Cancellation
Cancellation of orders by the Customer, in whole or in part, on manufactured items, is not permitted. Cancellation of an order by the Customer in whole or in part may only be made with the written consent of HM WIRE INTERNATIONAL, INC. and on terms that will indemnify HM WIRE INTERNATIONAL, INC. for all costs incurred with respect to the order and its cancellation.
5. Catalogues and Price Lists
The information contained within brochures, data sheets, price lists, web-site, and other matters is intended as a general guide only and shall not be regarded as part of the contract unless the contract specifically states that it shall.
6. Performance
Any performance figures contained in tenders, estimates, quotations, sales specifications, catalogues, brochures, or other matter, are based upon the Company’s experience and are such as HM WIRE INTERNATIONAL, INC. would reasonably expect to obtain on normal terms. Only when the accepted Contract specifically states certain performance figures shall HM WIRE INTERNATIONAL, INC. be responsible for supplying the goods to meet this specification.
7. Delivery
Delivery dates given are estimates only and whilst HM WIRE INTERNATIONAL, INC. will use its best endeavors to comply with the Customer’s delivery request, HM WIRE INTERNATIONAL, INC. cannot be held responsible for any delay of delivery or availability for collection.
8. Prices and Terms of Payment
All prices are quoted ex-works HM WIRE INTERNATIONAL’s factory, and carriage and packing shall be charged separately and additionally for each dispatch. Notwithstanding the acceptance by HM WIRE INTERNATIONAL, INC. of an offer made by the Customer under Clause 2, hereof the price charged by HM WIRE INTERNATIONAL, INC. for the supply of goods called for on the order shall be at the price prevailing on the date of dispatch specified on HM WIRE INTERNATIONAL’s Order Acknowledgment Form, and as set out in HM WIRE INTERNATIONAL’s price lists in existence at that time whether published or not. Payment for any goods or service supplied by HM WIRE INTERNATIONAL, INC. shall become due the date of availability for dispatch or collection of the goods or completion of the services.
9. Computation of Price
In the case of HM WIRE INTERNATIONAL, INC. supplying goods of origin outside of the United States, HM WIRE INTERNATIONAL, INC. reserves the right to modify the price of the goods in the event of the currency exchange rate changing between the date of HM WIRE INTERNATIONAL’s acceptance of the order and the date of availability of the goods for dispatch or collection. The currency exchange rate is that ratio defining the value of the American Dollar against that currency of the country of origin of the goods.
10. Passing of Property and Risk
The risk in the goods shall pass from HM WIRE INTERNATIONAL, INC. to the Customer when the goods are delivered to the Customer’s premises or collected from HM WIRE INTERNATIONAL’s premises by the Customer. In the case of goods with an overseas destination the risk shall pass when the goods leave HM WIRE INTERNATIONAL ’s premises.
11. Damage in Transit
In the case of goods dispatched from HM WIRE INTERNATIONAL ’s premises for a United States destination where the contract price includes free delivery, HM WIRE INTERNATIONAL, INC. will repair or replace free of charge goods damaged in transit provided the Carrier and HM WIRE INTERNATIONAL, INC. are notified of such damage within seven days after delivery. Failing such notification the goods will be deemed to have been delivered undamaged irrespective of their actual state or condition. In the case of goods with an overseas destination or goods transported direct to the Customer without passing through HM WIRE INTERNATIONAL, INC., HM WIRE INTERNATIONAL, INC. will, unless otherwise requested in writing, insure the goods during transit against all usual risks on HM WIRE INTERNATIONAL ’s behalf and at the Customer’s expense and upon being indemnified to its satisfaction shall take all reasonable steps to recover from the insurers any loss or damage for which they may be liable.
12. Guarantees
a- Goods. If any goods manufactured by HM WIRE INTERNATIONAL, INC. shall in the opinion of the company fail solely as a result of faulty design, workmanship or materials within 15 months from the date of dispatch or collection from HM WIRE INTERNATIONAL ’s factory or 12 months from the date of first use by the Customer (whichever shall be the shorter period) then HM WIRE INTERNATIONAL, INC. shall make good such failure by replacement or repair.
In the case of goods not manufactured by HM WIRE INTERNATIONAL, INC., HM WIRE INTERNATIONAL, INC. offers no guarantee but subject to being indemnified to its satisfaction will use its best endeavors to enforce for the benefit of the Customer any guarantee to which HM WIRE INTERNATIONAL, INC. may be entitled from the manufacturer.
b- Repairs. In the event of any failure or defect in any goods during the appropriate guarantee period stipulated herein, the Customer shall forthwith notify HM WIRE INTERNATIONAL, INC. or its accredited agent of the nature of such failure or defect who will immediately instruct the Customer in the manner in which failure or defect should be dealt with. Pending the receipt of such instructions from HM WIRE INTERNATIONAL, INC. or its accredited agent the Customer shall not attempt to carry out any repair on or use the goods strictly in accordance without the express instructions of HM WIRE INTERNATIONAL, INC. or its accredited agent. If in the opinion of HM WIRE INTERNATIONAL, INC. or its accredited agent the faulty goods or components thereof may satisfactorily be returned to HM WIRE INTERNATIONAL’s factory, the repaired part will be delivered ex-works HM WIRE INTERNATIONAL ’s factory. Where in the opinion of HM WIRE INTERNATIONAL, INC. or its accredited agent it is necessary for HM WIRE INTERNATIONAL ’s service engineer to effect a replacement or repair, the work will be carried out free of any labor charge to the Customer but the Customer’s request shall nevertheless be responsible for the engineer’s traveling and accommodations expenses and a reasonable subsistence allowance. Where at the Customer’s request HM WIRE INTERNATIONAL ’s service engineer effects a repair or replacement which in HM WIRE INTERNATIONAL ’s opinion could have been effected by the Customer’s returning the goods to HM WIRE INTERNATIONAL, INC., the Customer shall pay a charge for labor at currently prevailing rates in addition to the engineer’s traveling and accommodation expenses and a reasonable subsistence allowance.
c- Overriding Conditions of Guarantees. The foregoing guarantees are all conditional upon:
i. HM Wire International being satisfied that the goods have only received proper use as defined in the relevant instruction Manual.
ii. The goods having been correctly operated and maintained in accordance with good engineering practice and the relevant instruction Manual.
iii. The Customer returning to HM WIRE INTERNATIONAL, INC. to whom the same shall belong any equipment replaced under the guarantee.
d- Exclusion. The provisions of this Condition shall constitute the sole rights of the Customer in the event of the failure of any goods or any component part thereof and shall have effect to the entire exclusion of any other express or implied condition, statement or warranty, statutory or otherwise. Save as herein expressly mentioned HM WIRE INTERNATIONAL, INC. shall not be liable in contract or in part or otherwise with respect to any loss or damage of any kind whatsoever, howsoever arising.
13. Return of Goods
Any goods which the customer is asked to return to HM WIRE INTERNATIONAL, INC. must be dispatched properly addressed, carriage paid and correctly packed in accordance with HM WIRE INTERNATIONAL ’s instructions. Goods properly supplied against Customer order will under no circumstances be accepted for return.
14. Arbitration
If at any time any dispute or difference whatsoever shall arise in connection with any contract, either party may give to the other notice in writing of the existence of such dispute or difference requiring the same to be referred to the arbitration in the United States of a person to be mutually agreed upon or failing agreement within 30 days of the receipt of such notice of some person appointed by the current President of the Institution of Electrical Engineers. The submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 2950 or any statutory modification or re -enactment thereof for the time being in force.
15. Resale by the Customer
Should the Customer dispose of any goods supplied by HM WIRE INTERNATIONAL, INC., any guarantee which may at that time be in force shall not be transferable to any other party.
16. Governing Law
The contract shall in all respects be construed and operate in conformity with American Law and each party agrees to submit to the jurisdiction of the American Courts.
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