From the Rolls-Royce experimental archive: a quarter of a million communications from Rolls-Royce, 1906 to 1960's. Documents from the Sir Henry Royce Memorial Foundation (SHRMF).
The conditions of sale for goods for use in the United Kingdom, exclusive of erection.
| Identifier | ExFiles\Box 165\3\ img098 | |
| Date | 1st January 1933 | |
| A-1933. Conditions of Sale (A) of Goods for use in the United Kingdom exclusive of erection. 1. GENERAL.—The acceptance of this tender includes the acceptance of the following terms and conditions 2. VALIDITY.—Unless previously withdrawn, this tender is open for acceptance within thirty days only from date hereof. 3. ACCEPTANCE.—The acceptance of this tender must be accompanied by sufficient information to enable us to proceed with the order forthwith, otherwise we are to be at liberty to amend the tender prices to cover any increase in cost which has taken place after acceptance. Any samples submitted must be returned to our Works, carriage paid, within one month from despatch, or paid for. 4. PACKING.—Unless otherwise specified in this tender, all wooden packing cases, skids, drums, etc., must be returned to our Works at your expense and in good condition within one month of receipt, otherwise they will be charged for. 5. LIMITS OF CONTRACT.—This tender includes only such goods, accessories, and work as are specified herein. 6. DRAWINGS, Etc.—All descriptive and forwarding specifications, drawings, and particulars of weights and dimensions submitted with this tender are approximate only, and the descriptions and illustrations contained in our catalogue, price lists, and other advertisement matter, are intended merely to present a general idea of the goods described therein, and none of these shall form part of the contract. After acceptance of this tender, a set of certified outline drawings will be supplied free of charge if desired. 7. TESTS.—Our manufactures are carefully inspected and, where practicable, submitted to our standard tests at our Works before despatch. If special test or tests in the presence of you or your representative are required these will be charged for extra, and in the event of any delay on your part in attending such tests after seven days’ notice that we are ready, the tests will proceed in your absence, and shall be deemed to have been made in your presence. All tests must be made at our Works. 8. PERFORMANCE.—Any performance figures given by us are based upon our experience and are such as we expect to obtain on test. We will, however, accept no liability if those figures are not obtained, unless we specifically guarantee them under an agreed sum, as liquidated damages, and a bonus, subject to the recognised tolerances and rejection limits applicable to such figures. We are to be given reasonable time and opportunity to comply with the terms of the guarantee before you call upon us to pay any sum in respect of such liquidated damages. If we fail so to comply, you may reject the goods and we will repay to you any sum paid by you to us on account of the contract price thereon, and any sum that may have accrued due to you in respect of delay in despatch under Clause 9 up to the date of such rejection. You assume responsibility for the capacity and performance of the goods being sufficient and suitable for your purpose. 9. DESPATCH.—The time given for despatch is to date from receipt by us of a written order to proceed, and of all the necessary information and drawings to enable us to put the work in hand. We will use our best endeavours to despatch on the date given, but will accept no liability for failure to do so unless a guarantee shall have been given in writing under an agreed sum; as liquidated damages; for late despatch, and you have suffered loss by our delay. Should despatch be hindered or delayed by your instructions or lack of instructions or by any cause whatsoever beyond our reasonable control, including strikes, lock-outs, war, fire, accidents, or defective material, a reasonable extension of time shall be granted. 10. EXTRA COST.—In the event of the suspension of the work by your instructions or lack of instructions, the contract price shall be increased to cover any extra expense thereby incurred by us. 11. DELIVERY.—Unless otherwise specified, the price quoted includes delivery within the Railway Company’s free delivery area only on orders of the value of £... and upwards, subject to the Railway Company’s conditions. Orders below £... in value will be consigned carriage forward. 12. TERMS OF PAYMENT.—Payment in respect of any of the goods shall be due on notification by us that they have been tested under Clause 7, or that they are ready for despatch. Any liability on our part is subject to the terms of the contract and all your other obligations to us under the contract being strictly observed. 13. STORAGE.—If we do not receive forwarding instructions within seven days after date of notification that the goods have been tested under Clause 7 or are ready for despatch, you shall take delivery or arrange for storage. We are prepared, however, if our storage facilities permit, to store the goods, making a charge of ... per ton per week until the goods are despatched, and the goods shall be paid for as if they had been despatched. Any charges for storage or demurrage after despatch must be paid for by you. 14. DAMAGE IN TRANSIT.—When the price quoted includes delivery, we will repair or replace free of charge goods damaged in transit provided the carriers and ourselves receive written notification of such damage within three days of delivery, but not otherwise. 15. MAINTENANCE GUARANTEE AND GENERAL LIABILITY.—Save as provided in Clause 8, our liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good by replacement or repair defects which, under proper use, appear therein within a period of twelve calendar months after such goods have been despatched, and arise solely from faulty design, materials or workmanship; provided always that such defective parts are promptly returned free to our Works, unless otherwise arranged. The repaired or new parts will be delivered free within railway companies’ free delivery area. In the case of goods not of our manufacture you are entitled to the benefit of any guarantee given to us in respect thereof. 16. PATENTS.—In the event of any claim being made or action being brought against you in respect of infringement of patents by the manufacture or sale by us of goods supplied to you hereunder, you are to notify us immediately, and we shall be at liberty with your assistance if required, but at our expense, to conduct all negotiations for the settlement of the same or any litigation that may arise therefrom; subject to such notification and provided that no such goods, or any part thereof, shall be used for any purpose other than that for which we supply them, we will indemnify you in respect of any such claims. 17. ARBITRATION.—If at any time any question, dispute, or difference whatsoever shall arise between you and ourselves upon, in relation to or in connection with the contract, either of us may give to the other notice in writing of the existence of such question, dispute, or difference, and the same shall be referred to the arbitration of a person to be mutually agreed upon, or failing agreement, of some person appointed by the President for the time being of the Institution of Electrical Engineers. The submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1889, or any statutory modification thereof. 18. LEGAL CONSTRUCTION.—The contract shall in all respects be construed and operate as an English contract and in conformity with English law. FAIR WAGES CLAUSES We undertake to be bound by the following Fair Wages Clauses: (a) The Contractor shall pay rates of wages and observe hours of labour not less favourable than those recognised by employers and trade societies (or, in the absence of such recognised wages and hours, those which in practice prevail amongst good employers) in the trade in the district where the work is carried out. Where there are no such wages and hours recognised or prevailing in the district, those which in practice prevail in the nearest district in which the general industrial circumstances are similar shall be adopted. Further, the conditions of employment generally accepted in the district in the trade concerned shall be taken into account in considering how far the terms of the Fair Wages Clauses are being observed. Sub-letting, other than that which may be customary in the trade concerned, shall be prohibited. The Contractor shall be responsible for the observance of the Fair Wages Clauses by the Sub-Contractor. (b) When the installation of machinery and plant is carried out by men sent from the Contractor’s or Sub-Contractor’s establishment they shall receive the time rate payable in terms of the Fair Wages Clauses to such workpeople in such establishment, and in addition shall receive the outworking allowances recognised for outworkers sent from such establishment. (c) Workmen taken on “at site” for the purpose of erection shall be paid the time rates payable in terms of the Fair Wages Clauses to workpeople of the same class employed in engineering establishments in the district in which the work of erection is carried out. (The first of the above Clauses forms part of the House of Commons Resolution of 10th March, 1909.) | ||