ELLIOTT GROUP LIMITED
STANDARD TERMS OF PURCHASE
In these terms, where it says: • "you", it means the person supplying goods or services, as identified in our order; • "we/us", it means Elliott Group Limited; • "contract", it means the contract for you to supply goods and/or services to us, and that contract shall consist of these terms, our order and the specification set out in our order
These terms apply to all contracts for the purchase of goods or services by us. If you have standard terms of sale or supply they do not apply.
The goods or services are specified in our order. You will supply them in accordance with the contract and in compliance with all relevant laws and regulations.
The price for the goods or services stated in our order or otherwise agreed by us is a fixed price. The price is stated inclusive of carriage, packing and freight but exclusive of value added tax.
Payment of the price will be due against your valid invoice 60 days following the month end of the delivered date in accordance with these terms. Your invoice must quote our order number and delivery address.
You will deliver the goods or the services to or at the address set by us. You must deliver on the date(s) set or else we may cancel the order or you will have to compensate us for any loss we suffer.
- Title and Risk
Ownership of the goods will transfer to us as soon as it is clear exactly which items are to be provided by you to us. Risk in the goods will not pass to us until the goods are received and accepted by us.
All conditions and warranties that are implied by statute or otherwise will apply and in addition you will ensure that all goods and services meet the specification set out in our order.
- Claims and Rejects
We can, at any time up to 30 days after we receive the goods, reject any goods that do not comply with those conditions, warranties or specifications. If we do you will, at our option, either supply replacements for them as a matter of urgency or provide a credit note for any goods returned to you. You will be responsible for all costs relating to the return or disposal of such rejected goods.
- Copyright, patents etc
You confirm that you have all rights necessary to sell us the goods and/or to provide us with the services including all necessary intellectual property rights. If someone else claims that you do not have all of those rights, you will indemnify us against their claims and any liabilities that arise. All rights in any drawings or other materials supplied by us will remain vested in us and the only rights you will have will be to use them to enable you to perform your obligations under the contract.
We have the right, on reasonable notice, to inspect and test the goods prior to delivery. If we find they are not satisfactory we can reject those goods and we may cancel the order. If we do carry out any such inspection or test it does not mean that we accept the goods at that stage.
We can terminate the contract immediately by giving you notice to that effect if a receiver, administrative receiver, administrator or liquidator is appointed in relation to you or if you cease to trade or if you undergo any bankruptcy or insolvency event or proceedings.
- Assignment and Sub-contracting
You must perform the contract yourself and may not assign the benefit nor subcontract the performance of all or any part of the contract without our prior written consent.
- Transport Insurance
Where the services provided include or consist of the transportation or other movement of our products or property, you must have in place insurance to cover any partial or total loss of such items at the level of our full valuation of them. You will, if and when we request, provide us with evidence of such insurance.
- Law and Jurisdiction
These terms and all contracts between us will be governed by the laws of England and subject to the exclusive jurisdiction of the courts in England.