Terms & Conditions Of Product

The Difference is in the detail

  1. Purchase Order
    1. The Company will accept no liability for goods delivered which are not covered by an official purchase order.
    2. We reserve the right to reject any product found to be defective or inferior in quality, either on receipt or during process in our works. The Supplier will be charged for the cost of the carriage involved in the return of such products.
      1. Pricing
        1. The price will be fixed unless the Contract Form provides otherwise. No increase in price may be made (whether on account of increased material, labour or transport costs, fluctuations in exchange rates, legislative or regulatory changes, or otherwise) without the prior written consent of Kudos Shower Products Ltd .
        2. Our payment terms are 60 days from month end during receipt of goods or completion of the services supplied unless otherwise agreed in writing.
      2. Delivery
        1. This contract is subject to “time of essence” for delivery of the goods or services specified within it.
        2. Delivery of goods shall be made on the date stated, otherwise we reserve the right to cancel all or any part of the order without liability to ourselves.
        3. The Contractor shall notify Kudos Shower Products Ltd if any delivery or performance is likely to be delayed beyond the date specified in the Contract Form. If the Contract Form provides for the payment of liquidated damages for delays in performance or delivery then these shall apply.
        4. An advice note bearing our Order Number is to be sent with all goods and a duplicate thereof must be posted on the day the goods are dispatched to the address from which the order was issued.
        5. Failure by the Contractor to notify any likely delay shall entitle Kudos Shower Products Ltd to terminate without liability all or part of the order set out in the Contract Form. Kudos Shower Products Ltd shall also be entitled to compensation for any direct losses resulting from such failure and delay. If any delay which is notified (unless the delay is due to Force Majeure) Kudos Shower Products Ltd shall be entitled to terminate without liability on its part all or part of the order set out in the Contract Form and/or to compensation for any resulting direct losses.
        6. In addition to any other right Kudos Shower Products Ltd may have under this Agreement or any other contract between it and the Contractor, it shall be entitled to postpone the date of delivery or performance for whatever period it thinks fit upon giving notice in writing to the Contractor. The Contractor shall not make any additional charges for providing or performing the Work where Kudos Shower Products Ltd exercises this right, unless the Contractor can demonstrate to the reasonable satisfaction of Kudos Shower Products Ltd, providing supporting evidence, that such additional charges are unavoidable.
      3. Packaging
          The Contractor must ensure all goods delivered are suitably packaged and marked in a proper manner and in accordance with any Kudos Shower Products Ltd instructions and statutory requirements and any requirements of the carriers. Kudos Shower Products Ltd shall not be obliged to return any packaging materials for any goods whether or not they are accepted by Kudos Shower Products Ltd
      4. Invoicing
        1. Invoices bearing our Order Number must be sent immediately after dispatch of the goods to our Accounts Department.
        2. One statement of account covering transactions with all works of Kudos Shower Products Ltd must be rendered monthly to our Accounts Department at Elmsfield Park, Holme, Cumbria, LA6 1RJ
      5. Tooling
        1. Unless specifically agreed in accordance with the accepted practice of any trade, special dies, tools or patterns used in the manufacture of the articles for herein shall be the property of the Buyer. In either case they shall be kept in good condition, and from time to time replaced by the Seller without expense to the Buyer, except that changes due to the Buyer’s change of design or specification shall be paid for by the Buyer. No special dies, tools or patterns for which the Buyer has paid full or part cost shall be used for the manufacture of other articles, or to the order of any third party except with the express consent of the Buyer in writing, and at the exhaustion of their useful life shall be disposed of as the Buyer shall direct.
        2. It is a condition of this order that while tools, equipment or materials being the property of the Buyer and loaned to you in connection with this order are in your care and custody of control, and you will insure them and keep them insured against fire, burglary and all other insurable risks as necessary. All monies, receivable under the insurance shall be passed to us, you making good any deficiency. In the event of failure to do so it shall be in order for us to deduct the amount from any sum which may be, or may become payable to you under this, or any other contract.
      6. Inspection
        1. The Supplier must provide facilities and carry out such inspections as are necessary to ensure that materials conform to specification.
        2. A representative of Kudos Shower Products Ltd (or a representative or agent of a client of Kudos Shower Products Ltd) shall on request, be allowed access and accommodation to verify inspection records or to perform or witness inspection or tests on materials ordered.
      7. Free Issue
          In the case of orders placed by the Company in which any materials are supplied by, or on behalf of the Buyer in aid of the contract, whether free issue or not, it is the responsibility of the firm executing the order to satisfy themselves by the accepted tests that the material is not defective in the first instance. The Buyer must be notified within the time limit of trade conditions applicable, of any such defects.
      8. Indemnification
        1. The Sellers of the proprietary articles indemnify Kudos Shower Products Ltd and their customers against any claim which may be made by patentees or owners of monopoly rights. The design of the proprietary item is not to be changed or altered in any way without the express written approval of Kudos Shower Products Ltd.
        2. The Contractor will indemnify and hold Kudos Shower Products Ltd harmless against any damages (including costs) that may be awarded or agreed to be paid in respect of any claim or action that any Work supplied by the Contractor infringes any intellectual property right of any third parties.
      9. Title
          Unless otherwise agreed title and risk in the goods shall only pass to Kudos Shower Products Ltd on completion of delivery and acceptance.
      10. Guarantee or Warranty
          These conditions are in addition to the Company’s rights under any guarantee or warranty given by the Supplier and rights under the Sale of Goods Act 1979 (and any modification or re-enactment thereof).
      11. Health and Safety
        1. “The Seller shall comply in respect of the goods with the duties laid down in Section 6 of the Health and Safety at Work Act 1974 and shall indemnify us against all damage costs, losses, charges, expenses or liabilities ;whatsoever caused by or arising out of any breach of those duties.”
        2. If any Work to be provided or performed under the Agreement involves the use of any hazardous substances or requires any special precautions to be taken to ensure safety in handling, transport, storage or use, the Contractor shall prior to delivery furnish Kudos Shower Products Ltd with written details of the nature of those substances and the precautions to be taken and shall ensure that before despatch appropriate instructions and warnings are clearly and prominently marked or securely attached to any containers into which they are packed.
        3. In particular (but without limitation) the Contractor shall provide to Kudos Shower Products Ltd in writing all such data, instructions and warnings as are required to comply with applicable legislation relating to health and safety and shall indemnify Kudos Shower Products Ltd against any and all liabilities, claims and expenses which may arise as a result of the Contractor failure to do so.
        4. Intellectual Property
            The Contractor shall not use or permit the use of any of the intellectual property belonging to Kudos Shower Products Ltd (or Kudos Shower Products Ltd ‘s licensors), including without limitation logos or other intellectual property rights without the prior written agreement of Kudos Shower Products Ltd.
        5. Quality
            Will be of satisfactory quality and will be fit for any purpose stated by Kudos Shower Products Ltd prior to the date when the Contract Form is signed, or stated in the Contract Form or held out by the Contractor. Will be free from all defects in design, material and workmanship and will correspond with any samples provided.
        6. Anti-Bribery
            The Contractor shall comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery including but not limited to the Bribery Act 2010 (the “Relevant Requirements”)
        7. Confidentiality
            For the purposes of this Clause “Confidential Information” means any information which has been designated as confidential by Kudos Shower Products Ltd in writing or which because of its content ought to be considered as confidential (however it is conveyed or on whatever media it is stored), information the disclosure of which would, or would be likely to, prejudice the interests of Kudos Shower Products Ltd , its trade secrets, intellectual property rights or know-how and all personal data and sensitive data within the meaning of the Data Protection Act 1998, but does not include any information.
        8. Applicable Law
          1. This Agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and, the parties agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
          2. Acceptance of this Order implies full endorsement of the terms and conditions stated above and over-rules any differing conditions which may appear on the Suppliers’ Acknowledgment Form or similar documents unless by written agreement of the Buyer.




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