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).
Conditions of Sale for goods used in the United Kingdom, exclusive of erection.
| Identifier | ExFiles\Box 38\3\ Scan092 | |
| Date | 29th November 1918 guessed | |
| Conditions of Sale (A) of goods used 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 Validity.—Unless previously withdrawn, this tender is open for acceptance within 30 days from date hereof. 3.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 catalogues, 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 tests 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 shall be deemed to have been made in your presence. Unless otherwise provided all tests must be made at our Works. 8. Performance.—The figures given for performance are based upon our experience and are such as we expect to obtain on test, but we will only accept liability for failure to obtain the figures given, when we guarantee such figures within specified margins, known as "tolerances," under an agreed penalty (as liquidated damages) and bonus if the figures obtained exceed the tolerances. In the event of the goods being defective, or the performance failing to fulfil the terms of such guarantee, reasonable time and opportunity to remedy the defect or to comply with the terms of the guarantee shall be given to us; if we fail to do so, either party may cancel the contract by notice in writing as from that date without claim by or against the other, except as regards penalties, if any, which may have accrued under Clause 9, but such cancellation must take place before despatch. 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 by the date given but will accept no liability for failure to do so unless a guarantee be given under an agreed penalty (as liquidated damages) for late despatch. Should despatch be delayed by strikes, lockouts, fire, accidents, defective material, or any cause whatsoever beyond our reasonable control, a reasonable extension of time shall be granted. 10. Delivery.—When included, delivery is made within Railway Company's free delivery area only. 11. Terms of Payment.—Where no other terms of payment have been agreed, 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 payment and all your other obligations to us under the contract being strictly observed. 12. 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, a charge of 5/- (five shillings) per ton per week (with a minimum of 5/- per week) will be made for storage and fire insurance until the goods are despatched, and the goods shall be paid for as if they had been despatched. 13. Damage in Transit.—When delivery is included, 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. 14. Guarantee.—For a period of six calendar months after the goods have been despatched, and subject to Clause 13, our liability is limited to making good any defects developing in goods of our own manufacture under proper use and arising solely from faulty design, materials or workmanship, provided always that such defective parts are promptly returned free to our Works. The repaired or new parts will be delivered free within Railway Company's 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. At the termination of such period all liability on our part ceases. 15. 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 for which we supply them, we will indemnify you in respect of any such claims. 16. 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. 17. Legal Construction.—The contract shall in all respects be construed and operate as an English Contract and in conformity with English Law. TELEGRAMS: "BREAKER, MANCHESTER." "DYLECTROMO, LONDON." BERTRAM THOMAS, HEAD OFFICE & WORKS: WORSLEY ST.{Capt. P. R. Strong}, HULME, MANCHESTER. LONDON OFFICE: QUEEN ANNE'S CHAMBERS, BROADWAY, WESTMINSTER, S.W. TELEPHONES: MANCHESTER 215 and 4348 CENTRAL LONDON 4119 VICTORIA 61/6W20 | ||