"Business Day" means any day other than a Saturday, Sunday or bank holiday;“the Buyer” means 365 Aerospace Limited a company registered in England and Wales under number 09000565 whose registered office is at Aerospace Logistic Centre, Fifth Avenue, Letchworth, Hertfordshire, UK, SG6 2TS, and any of its associated companies who are purchasing using these standard terms and conditions of purchase;“these Conditions” means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;“the Contract” means the contract for the sale and purchase of the Goods constituted by the Seller’s acceptance of the Order in accordance with these Conditions;“the Delivery means the address stated on the Order for delivery of the Address” Goods;“the Goods” means the goods (including any instalment of the goods or any part of them) described in the Order;“the Order” means the Buyer’s purchase order to which these Conditions are annexed;“the Price” means the price of the Goods;“the Seller” means the person so described in the Order;“Specification” includes any plans, drawings, data or other information relating to the Goods; and“Writing” includes facsimile, transmission, electronic mail and comparable means of communication.
a) the Supplier’s acceptance of the Order, in writing or orally, subject to these conditions; orb) Delivery of Goods
a) inclusive of any applicable value added tax (which shall be payable by the Buyer subject to receipt of a VAT invoices); andb) inclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of the Goods to the Delivery Address and any duties, imposts or levies other than value added tax.
a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;b) be reasonably fit for purpose; andc) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Seller in writing and the Seller has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of the Seller.
a) will, both at the time of delivery and for a reasonable period of time thereafter, be of the best available design, quality, material and workmanship and conform in all respects with the Order and Specification supplied or advised by the Buyer to the Seller;b) will be free from defects in design, material and workmanship;c) will correspond with any relevant Specification or sample; andd) will comply with all statutory requirements and regulations relating to the sale of the Goods.
a) breach of any warranty given by the Seller in relation to the Goods;b) any claim that the Goods infringe, or that their importation, use or resale, infringes, the patent, copyright trade mark or other intellectual property rights of any other person;c) any act or omission of the Seller or its employees, agents or sub-contractors in supplying, delivering or installing the Goods.d) all claims by the customers of the Buyer (and their sub-buyers) arising out of any breach whatever by the Seller of this contract for sale.
a) to rescind the Order;b) to reject the Goods (in whole or in part) and return them to the Seller at the risk and cost of the Seller on the basis that a full refund for the Goods so returned shall be paid forthwith by the Seller;c) at the Buyer’s option to give the Seller the opportunity at the Seller's expense either to remedy any defect in the Goods or to supply replacement Goods and carry out any other necessary work to ensure that the terms of the Contract are fulfilled;d) to refuse to accept any further deliveries of the Goods but without any liability to the Seller;e) to carry out at the Seller's expense any work necessary to make the Goods comply with the Contract; andf) to claim such damages as may have been sustained in consequence of the Seller's breach or breaches of the Contract.
a) the Seller makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction; orb) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Seller; orc) the Seller ceases or threatens to cease, to carry on business; ord) the Buyer reasonably apprehends that any of the events mentioned above is about to occur in relation to the Seller and notifies the Seller accordingly.
a) (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller; or b) (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Seller set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.
a) if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); orb) if delivered by hand, on the day of delivery; orc) if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.