Image

TERMS & CONDITIONS

Lyne Chemicals LTD

STANDARD TERMS AND CONDITIONS OF SALE 

The following terms and conditions apply to all goods supplied by LYNE CHEMICALS LIMITED unless specifically agreed otherwise and confirmed in writing.

"LYNE CHEMICALS"  Lyne Chemicals Limited t/a LYNE CHEMICALS;

"the Buyer"                  the purchaser of the goods from LYNE CHEMICALS;

"the Contract"              the agreement between LYNE CHEMICALS and the Buyer for the sale of goods;

"goods"                        the goods (including any instalment or any parts for them) the subject of the Contract;

"Conditions"                 the standard terms and conditions of sale set out in this document. 


  1. A quotation of LYNE CHEMICALS does not constitute an offer by LYNE CHEMICALS to supply goods and every order by the Buyer shall be deemed to be an offer by the Buyer to LYNE CHEMICALS and will not be binding on LYNE CHEMICALS until LYNE CHEMICALS’s authorised representative has given his written acknowledgment of the order. 
  2. The quantity, quality and description of and any specification for the goods shall be those set out in LYNE CHEMICALS's quotation (if accepted by the Buyer) or the Buyer's order (if accepted by LYNE CHEMICALS). If the Conditions (whether special or general) shall be at variance or inconsistent with any conditions of the Buyer then LYNE CHEMICALS's Conditions shall prevail and be effective. 
  3. Unless specifically set forth in the Contract, no express or implied warranties are given by LYNE CHEMICALS with respect to goods sold under the Contract, including, without limitation, the implied warranties or merchantability and/or fitness for any particular purpose. Identified uses for the goods shall neither represent an agreement on the corresponding contractual quality of the goods nor the designated use under this Contract. Any third party certification relating to the goods or the manufacturer, or change thereto, is not within the control of, and therefore not the responsibility of LYNE CHEMICALS and does not form the part of the Contract. 
  4. LYNE CHEMICALS reserves the right to make any changes in the specification of the goods which are required to conform with any applicable statutory or EC requirements or, where the goods are to be supplied according to LYNE CHEMICALS's specification, which do not materially affect the quality or performance of the goods.     
  5. Any advice or recommendation rendered by LYNE CHEMICALS or its employees or agents relating to the storage, application or use of the goods is given to the best of their knowledge and such advice or recommendation shall not absolve the Buyer from the obligation of undertaking investigations and tests. Advice or recommendation whether given orally or in writing by LYNE CHEMICALS is followed or acted upon entirely at the Buyer's own risk, and accordingly LYNE CHEMICALS shall not be liable for any such advice or recommendation which is not so confirmed. 
  6. LYNE CHEMICALS reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the goods to reflect any increase in the cost to LYNE CHEMICALS which is due to any factor beyond the control of LYNE CHEMICALS, including, without limitation, any foreign exchange fluctuation, alteration of duties, significant increase in the costs of labour, materials, transportation or other costs of manufacture, any change in delivery dates, quantities or specifications for the goods which is requested by the Buyer, or any delay caused by any specification or other instructions of the Buyer or failure of the Buyer to give LYNE CHEMICALS adequate information or instructions. 
  7. No order which has been accepted by LYNE CHEMICALS may be cancelled by the Buyer except with the agreement in writing of LYNE CHEMICALS and on terms that the Buyer shall indemnify LYNE CHEMICALS in full against all loss including loss of profit, costs including the cost of all labour and materials used, damages, charges and expenses incurred by LYNE CHEMICALS as a result of such cancellation. 
  8. Failure to pay any payment to LYNE CHEMICALS constitutes a fundamental breach of contractual obligation. LYNE CHEMICALS shall be entitled to cancel the Contract or suspend any further deliveries of the goods to the Buyer or decline to make further deliveries of any goods to the Buyer except upon receipt of full payment or satisfactory security. 
  9. Delivery shall be made as agreed in the Contract. General commercial and shipping terms shall be interpreted in accordance with INCOTERMS in force on the date the Contract is concluded. Any date referred to in a quotation, order acknowledgement or invoice of LYNE CHEMICALS for the delivery of the goods is approximate only. Time for delivery shall not be of the essence of the Contract. LYNE CHEMICALS shall not be liable for any delay in delivery of the goods caused by factors beyond the control of LYNE CHEMICALS, including, without limitation, delay from the manufacturer, transportation limitation, any social or global issues, any change in delivery dates, quantities or specifications for the goods which is requested by the Buyer, or any delay caused by any specification or other instructions of the Buyer or failure of the Buyer to give LYNE CHEMICALS adequate information or instructions.    
  10. The goods delivered under the Contract remain the property of LYNE CHEMICALS until payment in full and in cleared fund and other payable monies for the goods has been received by LYNE CHEMICALS. 
  11. LYNE CHEMICALS shall not be liable in relation to any claim for short delivery of goods or damage to goods unless a written notification is given to LYNE CHEMICALS within 48 hours of delivery and supported by a claused delivery note. 
  12. LYNE CHEMICALS must be notified in writing of any claimed defect or failure in the goods that can be discovered during routine inspection within 7 days of receipt of the goods. Where the claimed defect or failure in the goods was not readily discernible until such time as the goods had been processed, taken into use or otherwise dealt with, LYNE CHEMICALS must be notified in writing within 90 days of receipt of the goods by the Buyer. Claims must be in writing and must precisely describe the nature and extent of the claim. If delivery is not refused, and the Buyer does not notify LYNE CHEMICALS accordingly, the Buyer shall not be entitled to reject the goods and LYNE CHEMICALS shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price for the goods as if the goods had been delivered fully in accordance with the Contract. 
  13. LYNE CHEMICALS shall not be liable in relation to any defect or deterioration in the goods arising from fair wear and tear, willful damage, negligence, abnormal working conditions, unsuitable storage conditions, failure to follow LYNE CHEMICALS's instructions whether oral or in writing, misuse or alteration of the goods without LYNE CHEMICALS's approval.
  14. Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to LYNE CHEMICALS in accordance with these Conditions, LYNE CHEMICALS shall be entitled to replace the goods, or such defective batch, free of charge or, at LYNE CHEMICALS's sole discretion, refund to the Buyer the price of the goods, or a proportionate part of the price, but LYNE CHEMICALS shall have no further liability to the Buyer. LYNE CHEMICALS’s maximum liability relating to performance of the Contract is limited to the total sales contract values.
  15. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by LYNE CHEMICALS shall be subject to correction without any liability on the part of LYNE CHEMICALS.