GENERAL

These conditions shall be deemed to be incorporated in all contracts of the Company to sell Goods and in the case of any inconsistency with any order letter or form of contract sent by the customer to the Company or any other communication between the customer and the Company whatever may be their respective dates the provisions of these conditions shall prevail unless expressly varied in writing and signed by a director on behalf of the Company. Any concession made or latitude allowed by the Company to the customer shall not affect the strict rights of the Company under the Contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract the other conditions shall continue in full force and effect.

Contracts and orders are accepted only subject to our Conditions of Sale as set out hereunder and the customer shall be bound by such Conditions. No modification of these Conditions or the particulars in our acceptance will be recognised by us unless expressly accepted by us in writing. Unless so agreed any qualification thereof or difference contained in the customer own order forms shall be inapplicable. All orders whether based upon this quotation or otherwise shall be subject to our written acceptance.

 

ORDERS

 

PRICES

 

VARIATION OF PRICE

KTI reserve the right to alter the quoted prices of all or any of our products at any time without notice in the event of any variation in costs incurred by us after acceptance of the Customer order. Orders are accepted at the prices current at the time of acceptance and on the understanding that they may be invoiced at prices ruling on the date of despatch irrespective of prices previously quoted. The quoted price is also subject to adjustment if any changes are made by the Customer in the specification or quantities or delivery requirements.

 

TERMS OF PAYMENT

 

DELIVERY

 

RETURNS

Goods supplied in accordance with the Contract cannot be returned without the Company's prior written authorization. Duly authorised returns shall be sent to the Company's Premises at the Customer expense.

 

PASSING OF TITLE & RISK

 

CONDITIONS & WARRANTIES

 

DEFECTIVE GOODS

 

CONSEQUENTIAL LOSS / CLAIMS

 

DEFAULT ON INSOLVENCY OF THE CUSTOMER

If the Customer shall be in breach of any of its obligations under the Contract or if any distress or execution shall be levied on the Customer property or assets or if the Customer shall make or offer to make any arrangement or composition with his creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against him or (if the Customer is a company) if any Resolution or Petition to wind up such company shall be passed or presented or if a Receiver of the whole or any part of such company's undertaking property or assets shall be appointed, the Company in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every contract between the Company and the Customer or may (without prejudice to the Company' s right subsequently to determine the contract for the same cause should it so decide) by notice in writing suspend further deliveries of Goods until any defaults of the Customer be remedied.

 

LIMITATION OF LIABILITY

The liability of the Company to the customer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the Goods.

 

TITLE & INSURANCE

Property in the goods shall remain vested in us until payment therefor shall have been made by the customer in full. In the event that the goods shall be in any way adapted or incorporated by the customer or any third party into any other goods the customer shall pending the sale of the goods so adapted or of such composite goods hold the same as security for payment to us of all moneys due in respect of the goods. Any moneys received by the customer from resale of the goods whether in the original state in which they were received from us or so adapted as aforesaid or from the sale of such composite goods shall be held by the customer on trust to pay to us all moneys due from the customer to us in respect thereof. The customer shall if so requested by us assign to us all rights the customer may have against any subsequent purchaser for payment for the goods whether in the original state in which they were received from us or so adapted as aforesaid or for such composite goods and any other rights and claims against such a purchaser in connection therewith. All the material which we are supplying to our customer, customer must arrange insurance under their insurance police, if the material damaged under transit then we will not responsible for the same, we request to our customer please contact / claim to their insurance agent/ company.

 

DRAWINGS & ORIGINALS

We accept no responsibility whatsoever for the accuracy of drawings, patterns, specification or other data supplied to the customer and in respect of which the customer shall have indicated their approval in writing. All drawings and other descriptive matter supplied by us are supplied in confidence and are subject to copyright protection and are not to be reproduced either in whole or in part without our prior written consent. We will supply such drawing as per our Principal terms & condition, if our Principal is not agreed to supply such drawing then we are unable to supply the same.