12. Additional Terms & Conditions
From time to time the company may request additional terms and conditions be implemented to cover contract specific ‘Back to Back’ Contractual requirements in line with Customer requirements.
The Company and its duly authorised representatives shall have access at all reasonable times to any works, warehouses or other premises belonging to or under the control of the Supplier for the purpose of inspecting any process of manufacture or works being carried out by the Suppliers. The Supplier shall forthwith carry out all alterations or modifications required by the Company in consequence of any such inspection.
The Good’s shall conform as to quality, design and description with all particulars stated on the order, be of sound material and workmanship, be equal in all respects to the samples, patterns or specification provided by either the Company or the Supplier, and be capable of any standard of performance specified In the order.
No part of this contract shall be assigned or sub-contracted without the Company’s consent other than such details as are customary to assign or sub-contract in the case of such work.
16. Incoming Inspection
All Goods, whether or not previously inspected, shall be subject to inspection by the Company on, or within a reasonable time after delivery, in accordance with the Company’s instructions, and the Company, in addition to any other rights it may have hereunder may, on such inspection, reject any Goods which do not comply with the nature, description and specification stated in the order or otherwise made known to the Supplier.
17. Patent Rights & Trade Marks
The Supplier warrants that neither the sale nor the use of any of the Goods or any part thereof will infringe any United Kingdom or overseas patent, trade mark, trade name or registered design or amount to a passing-off of any other person’s product and undertake to indemnify and keep the Company indemnified against all demands, processes, actions, judgments, decrees, costs, claims and expenses resulting from any actual or claimed infringements of such rights and undertake at their own expense to defend or assist in the defence of any suit or action which may be brought in this connection.
18. Order Variation & Amendments
The Supplier shall so far as reasonably practical comply with all instructions endorsed on any orders or given to them in writing by an authorised representative of the Company in connection with any order, If such instructions involve a variation or departure from the agreed specification of the Goods, the company will pay to the Supplier the reasonable additional expenses (if any) involved.
19. Damage to Suppliers Tooling & Machines
The Company shall be under no liability whatsoever in respect of any damage to, failure or destruction of the Supplier’s machines or tools howsoever caused, and in particular (without prejudice to the generality of the foregoing) shall not be under any liability whatsoever in respect of any consequential damages or expenses or loss of profit arising from such damage, failure or destruction except in the case of such liability arising from legislation implementing EEC Council Directive 85/374 EEC or in the case of personal injury or death arising from the negligence of the Company.
20. Defective Goods
If any claim is made against the Company by any third party in respect of injury, loss or damage due or alleged to be due to any defect in the material or workmanship of any of the Goods, or to any defect in the design of any of the Goods not manufactured in accordance with the detailed specification of the Company, the Supplier will furnish to the Company all advice and assistance required for the purpose of contesting or dealing with such claim, and if the claim is made good, will indemnify the Company against such claim and all damages, costs and other expenses incurred by the Company in connection therewith.
If any such claim is made against the Supplier it shall promptly notify the Company thereof and the Company may, if it thinks fit, take over conduct of the matter and may make any such settlement thereof as agent of the Supplier as it may in its absolute discretion think fit.
Without prejudice to the generality of the foregoing indemnities the Supplier shall indemnify and keep indemnified the Company from and against any loss (including consequential loss and loss of profits) costs, claim, damage, injury or expense in respect of either or both of the following:-
a) An alleged defect in the Goods;
b) Failure of the Goods to comply with the general safety requirement of, any regulation arising from the legislation (whether in the United Kingdom or, in any other member company of the European Economic Community) Implementing EEC Council Directive 85/374 EEC.
22. Child Labour
The Supplier shall not employ Child Labour in accordance with EC Convention C182.
23. Governing Law and Jurisdiction
The construction, validity, and performance of this contract shall be governed in all respects by the laws of England to the exclusive jurisdiction of whose courts the Supplier shall irrevocably be deemed to have submitted.
Terms and Conditions – Updated December 2020 by: Rowe Hankins Ltd. Registered in England Number: 2021691 Registered office address: Power House, Parker Street, Bury, Lancashire BL9 0RJ, UK.