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ValoCarbide

Updated

Terms and conditions

These terms govern quotations issued and orders accepted by ValoCarbide. They are written for business customers; consumer sales are outside their scope.

Application

These terms apply to every quotation we issue and every order we accept unless a separate written agreement says otherwise. Purchase order terms printed on a customer document do not apply unless we have accepted them in writing.

Where a framework or supply agreement exists between us, that agreement prevails over these terms to the extent of any conflict.

Quotations and orders

Quotations are valid for thirty days from the date of issue unless stated otherwise on the quotation itself. Prices are exclusive of VAT and of transport unless the quotation states that they are inclusive.

An order is accepted when we confirm it in writing. Where a quotation covers engineered tooling, our confirmation refers to the specific design revision approved by you; changes after approval are treated as a new enquiry.

Technical recommendations and cutting data

Tool recommendations, cutting parameters and application advice are provided in good faith on the basis of the information supplied to us. They are starting points for a controlled trial, not guaranteed process settings.

Machining outcomes depend on machine condition, fixture rigidity, coolant delivery, workpiece variation and programming, none of which are within our control. You remain responsible for validating any recommendation under your own conditions before applying it in production.

Delivery

Delivery dates are given in good faith on the basis of the schedule at the time of confirmation. Where a firm date has been confirmed for engineered tooling, we report progress against that date and notify you promptly if it is at risk.

Unless agreed otherwise, delivery terms are FCA (Incoterms 2020) at our despatch point. Risk passes on handover to the carrier. Partial deliveries are permitted where they bring forward the availability of part of an order.

Prices and payment

Payment terms are stated on the invoice and, for new accounts, are pro forma until credit terms are agreed. Invoices are payable in the currency stated without deduction or set-off.

Where payment is overdue, statutory interest applies under Directive 2011/7/EU on combating late payment in commercial transactions, together with reasonable recovery costs.

Retention of title

Goods remain our property until payment has been received in full. Until that point you may resell or process them in the ordinary course of business, and you assign to us by way of security any resulting claims against your own customers.

Inspection and claims

Please examine goods on receipt. Transport damage and shortages must be reported within seven days of delivery, and defects that could not reasonably be found on inspection within seven days of discovery.

Where a tool has underperformed, we ask for the tool itself and the conditions it ran under. We examine the wear pattern against the retained sample from the same production lot and report the cause. Where the tool is at fault, we replace it or credit it at our option.

Warranty

We warrant that goods conform to their published specification and are free from defects in material and workmanship at the point of delivery. The warranty period is twelve months from delivery.

The warranty does not cover normal wear, tools operated outside the published parameters, tools that have been reground or recoated by a third party, or damage arising from machine or fixture condition.

Liability

Our liability for any claim is limited to the invoice value of the goods giving rise to it. We are not liable for loss of production, loss of profit, machine downtime, or damage to workpieces, except where such loss results from our gross negligence or wilful misconduct.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraudulent misrepresentation, or for any liability that cannot lawfully be limited.

Intellectual property and confidentiality

Drawings, specifications and production data you provide remain your property and are treated as confidential. We do not use them to develop tooling for other customers.

Designs, drawings and technical documentation we produce for engineered tooling remain our intellectual property unless the quotation transfers them expressly. You receive the right to use the tooling supplied for your own production.

Compliance and export control

Both parties comply with applicable export control, sanctions and anti-bribery legislation. You confirm that goods supplied will not be re-exported in breach of EU or UK export control regulations, and you will provide end-use information where it is required for us to fulfil an order lawfully.

Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including raw material shortage, energy interruption, transport disruption, industrial action or governmental restriction. The affected party notifies the other promptly and the delivery period is extended accordingly.

Governing law and jurisdiction

These terms are governed by the law of England and Wales, excluding the United Nations Convention on Contracts for the International Sale of Goods. The courts of England and Wales have exclusive jurisdiction, save that we may bring proceedings in the courts of your place of business where that is necessary to enforce payment.

If any provision is held unenforceable, the remainder continues in force and the unenforceable provision is replaced by one that most closely reflects its commercial intent.