Terms & Conditions
YMT Standard Terms and Conditions of Sale
1 Interpretation
1.1 In these Conditions:
‘Business Day’ means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
‘Buyer’ means the person who accepts a Quotation from the Seller for the sale of the Goods and/or supply of the Services (as appropriate) or whose order for the Goods and/or supply of the Services (as appropriate) is accepted by the Seller;
‘Conditions’ means these standard terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller;
‘Consumable Components’ mean items including (but not held to be in exclusion of others) filters, belts, fuses, batteries, fluids and bulbs;
‘Contract’ means the contract for the purchase and sale of the Goods and/or provision of the Services incorporating the Conditions;
‘Force Majeure Event’ means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
‘Goods’ means any items of tooling, machinery, spares or equipment (including any installation of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions;
‘Quotation’ means the quotation set out in the documents attached to these Conditions, all of which when read together constitute the Contract;
‘Premises’ means Tuscan House, George Smith Way, Lufton Trading Estate, Yeovil, Somerset BA22 8QR;
‘Price’ means the price of the Goods and or Services to be provided by the Seller to the Buyer;
‘Seller’ means YMT LIMITED (company number 2702379) of Tuscan House, George Smith Way, Lufton Trading Estate, Yeovil, Somerset BA22 8QR trading as YMT Technologies;
‘Services’ means any services supplied by the Seller ancillary to the supply of the Goods, including without limitation maintenance, labour, design, training, installation or commissioning;
a reference to ‘Writing’ or ‘Written’ includes faxes and emails
2 Basis of the Sale
2.1 The Quotation shall not constitute an offer, and is only valid for a period of 30 Business Days from its date of issue.
2.2 The Seller shall sell and/or provide and the Buyer shall purchase the Goods and/or Services (as appropriate) in accordance with the Quotation (which shall include quantity, quality, description and any specification for the Goods or Services) subject to these Conditions.
2.3 Save where otherwise provided for herein, the Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. No variation to these Conditions shall be binding unless agreed in Writing between and signed by the authorised representatives of both the Buyer and the Seller.
2.4 The Seller’s employees or agents are not authorised to make any representations concerning the Goods and/or the Services unless and except to the extent that any such representations are confirmed by a director of the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed. Further, the description of the Goods contained in the Quotation is given by way of identification only and shall not form part of the Contract or have any contractual force.
2.5 The Buyer shall be responsible to the Seller and generally for ensuring the accuracy of any details comprised in the Quotation and/or any documentary or other material. In particular (without limitation) the Seller does not provide structural or other engineering advice or design services, and the Buyer shall be responsible for obtaining any such advice or services, if required, from third parties.
2.6 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 the Seller may be corrected by the Seller without any liability on the part of the Seller.
3 Orders and Specifications
3.1 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all liabilities losses damages costs and expenses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement (actual or alleged) of any patent copyright design trade mark or other industrial or intellectual property rights of any third party arising out of or in connection with the Seller’s use of the Buyer’s specification. This clause 3.1 shall survive termination of the Contract.
3.2 The Seller reserves the right to make any changes in the specification of the Goods or manner of delivery of the Services which are required to conform to any applicable statutory or regulatory requirements.
3.3 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller 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 the Seller as a result of cancellation.
4 Price of the Goods/Services
4.1 The Price of the Goods/Services shall be as stated in the Quotation save that the Seller reserves the right, by giving notice to the Buyer at any time before delivery of the Goods, to increase the Price as a result of any increased cost incurred by the Seller following the happening of any of the following events:
4.1.1 any fluctuation in the cost to the Seller which arises after the date of the Contract due to factors outside the control of the Seller;
4.1.2 if the Buyer changes the design, weight, quantities or specification of the Goods or if work by the Seller is delayed or suspended due to a lack of instructions or information from the Buyer;
4.1.3 if the Buyer changes the agreed delivery date;
4.1.4 where the Price includes the cost of installation of the Goods, it is assumed free and unhindered access for the Seller’s vehicle to the point of delivery and for forklift truck access to the final location of the Goods. Any access difficulties not specifically notified to the Sellers in writing at least 7 days before the anticipated date of delivery shall result in an increase in Price.
4.2 Except as otherwise stated under the terms of any quotation or in any catalogue or price list of the Seller and unless otherwise agreed in Writing between the Buyer and the Seller all Prices are given by the Seller on an ex works basis. Where the Seller agrees to deliver the Goods otherwise than at the Premises the Buyer shall be liable to pay the Seller’s charges for all transport packaging and insurance, which shall be paid by the Buyer when it pays for the Goods.
4.3 The Price is exclusive of any applicable value added tax which the Buyer shall be additionally liable to pay to the Seller.
5 Terms of Payment
5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller the Seller shall be entitled to invoice the Buyer for the Price on or at any time after acceptance of the Buyer’s order.
5.2 Subject to any special terms agreed in Writing between the Buyer and the Seller, in respect of the purchase by the Buyer of machinery, the Buyer shall pay the Price in cleared funds as follows:
5.2.1 10% of the Price (together with VAT thereon) upon placement of the order for the Goods;
5.2.2 80% of the Price (together with VAT thereon) on or before delivery of the Goods;
5.2.3 the balance of the Price within 30 days of the date of commissioning of the machinery or the date of the invoice in respect of the same, whichever is the later.
5.3 Subject to any special terms agreed in Writing between the Buyer and the Seller, in respect of the purchase by the Buyer of Goods not being machinery, the Buyer shall pay the Price within 30 days of the date of the invoice in respect of the same.
5.4 The Seller shall be entitled to recover the Price notwithstanding that delivery of the Goods may not have taken place and the property in the Goods has not passed to the Buyer. The time for payment of the Price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.5 If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to:
5.5.1 cancel the Contract or suspend any further deliveries of Goods or provision of Services to the Buyer;
5.5.2 appropriate any payment made by the Buyer to such of the Goods (or the Goods supplied under any other contract between the Buyer and the Seller) or Services provided as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and/or
5.5.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid at the rate of 2% per cent per annum above National Westminster Bank plc base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
5.6 Where Goods are delivered in instalments, each such instalment of the Goods will be invoiced on or before delivery and each such invoice will be treated as a separate account and shall be payable accordingly.
5.7The Buyer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. The Seller may, without limiting its other rights or remedies, set off any amount owing to it by the Buyer against any amount payable by the Seller to the Buyer.
6 Delivery
6.1 Delivery of the Goods shall be made by the Seller at its Premises, or from such other location as the Seller may specify in Writing, and the delivery of the Goods shall be completed by the loading of the Goods at the Premises or such other location so specified
6.2 Where the Goods are to be delivered by the Seller or its carriers at premises within England Scotland or Wales the Buyer shall:
6.2.1 ensure that the Seller or its carrier shall be provided with sufficient and suitable access to the premises;
6.2.2 accept the Goods at the nearest point of the premises to which delivery is to be made to public roads, which shall include any part of such premises occupied by the Buyer jointly or in common with any others;
6.2.3 at its own expense provide prompt and able assistance to the Seller or its carriers in off-loading the Goods and the Buyer shall indemnify the Seller from and against any additional costs or expenses incurred by the Seller directly or indirectly as a result of the Buyer not complying with its obligations under this clause and delivery of the Goods shall be completed on the Goods’ arrival at the said premises.
6.3 Any dates quoted for delivery of the Goods or provision of the Services are approximate only, and the time of delivery is not of the essence unless previously agreed by the Seller in Writing. The Seller shall not be liable for any delay in delivery of the Goods or provision of the Services however caused. The Goods may be delivered or Services provided by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.4 The Seller reserves the right to deliver the Goods in instalments without any adjustment in Price, save that each instalment may be invoiced for and paid for separately. Where the Goods are to be delivered or Services to be provided in instalments each delivery or provision shall constitute a separate contract and any delay in delivery or defect in an instalment or failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.5 If the Seller fails to deliver the Goods or provide the Services, its liability shall be limited to the costs and expenses incurred by the Buyer in obtaining replacement goods or services of similar description and quality in the cheapest market available, less the price of the Goods or Services not delivered or provided. The Seller shall have no liability as a result of any delay or failure to perform its obligations under the Contract as a result of a Force Majeure Event or as a consequence of the Buyer’s failure to provide the Seller with adequate delivery instructions for the Goods or Services or any relevant instruction related to the supply of the Goods or Services.
6.6 If the Buyer fails to accept or take delivery of the Goods or provide any facilities necessary for the Seller to provide the Services or fails to give the Seller adequate delivery instructions at the time stated for delivery then without prejudice to any other right or remedy available to the Seller the Seller may:
6.6.1 store the Goods until actual delivery and charge the Buyer its storage charges current at the date thereof (including insurance); or
6.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the Price or charge the Buyer for any shortfall below the Price; or
6.6.3 charge the Buyer for the cost of its personnel who would (had the Seller performed its obligations under the Contract) have been engaged in provision of the Services.
7 Risk and Property
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
7.1.1 in the case of the Goods to be delivered at the Premises or other location notified to the Buyer pursuant to clause 6.1 above at the time when the Seller notifies the Buyer that the Goods are available for collection; or
7.1.2 in any other case at the time the Seller has tendered the Goods to the carrier.
7.2 The property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the Price of the Goods (and any Services) and/or of all other goods or services sold or agreed to be sold or provided.
7.3 Until such time as the property in the Goods passes to the Buyer the Buyer shall not enter into any contract to sell the Goods to any third party or otherwise dispose of the Goods and the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Good
8 Warranties and liabilities
8.1 Subject to the conditions set out below, and save where the Warranty set out within this clause 8, is expressly varied by the Seller within the Quotation, Contract or order acknowledgment, the Seller warrants that it will exercise reasonable care and skill in providing the Services, and that new Goods will correspond in all material respects with their specification at the time of delivery and will be free from material defects in material and workmanship for a period of 24 months from the date of delivery or until such time that the Goods have completed a spindle run-time of 5200 hours, whichever is the earlier (‘the Warranty Period’). Such warranty shall cover the cost of labour and materials required to remedy any material defects in the Goods or Services. No warranty is given in respect of second hand or otherwise refurbished Goods except as expressly provided in the Contract.
8.2 The Seller shall not be liable for the Goods’ or Services’ failure to comply with the warranty in clause 8.1 if:
8.2.1 the Buyer fails to give notice in Writing to the Seller of any defect in the quality or condition of the Goods or the Services or their failure to correspond with specification pursuant to clause 8.4 below;
8.2.2 the Buyer makes any further use of such Goods or Services after giving notice in accordance with clause 8.2.1
8.2.3 the Seller has not been given a reasonable opportunity of examining such Goods and the Buyer (if asked to do so by the Seller) has failed to return such Goods to the Premises or such other place as directed by the Seller at the Seller’scost’
8.2.4 the defect arises as a result of the Seller following any drawing design or specification supplied by the Buyer or any third party;
8.2.5 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards;
8.2.6 the defect arises as a result of fair wear and tear Consumable Components wilful damage negligence misuse abnormal working conditions (which include but not exclusive to the use of the Goods for cutting materials other than ferrous and non ferrous metals and plastics) failure to follow the Seller’s or any third party’s instructions (whether oral or in writing) as to the storage installation commissioning use or maintenance of the Goods or (if there are none) good trade practice;
8.2.7 the Buyer alters or repairs such Goods without the Seller’s Written approval;
8.2.8 the total price for the Goods and/or Services has not been received by the due date for payment by the Seller;
8.2.9 the Seller has not been requested by the Buyer to inspect and service the Goods on one occasion or more during the period of 13 months from the date of delivery of the Goods or during the first 2,800 hours cumulative run-time whichever is the earlier, such service and inspection being at the Buyer’s expense and the Goods have otherwise been serviced and maintained at all times in accordance with any instructions provided by the Seller in that respect;
8.3 Subject as expressly provided in the Contract, the Seller shall have no liability to the Buyer in respect of the Goods’ failure to comply with the warranty set out in clause 8.1 above.
8.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or the Services or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify the Seller accordingly the Buyer shall not (except in respect of a defect or failure not apparent on reasonable inspection) be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract.
8.5 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 the Seller in accordance with these conditions the Seller shall be entitled to repair and or replace the Goods (or the part in question) free of charge or at the Seller’s sole discretion refund to the Buyer the Price (or a proportionate part of the Price) provided that the Seller shall retain any of the Goods (or the part in question) at fault and the defect in the Goods (or the part in question) is not a Consumable Component, and the Seller shall have no further liability to the Buyer.
8.6 Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any indirect special or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer or the provision of the Services and the entire liability of the Seller under or in connection with the Contract shall not exceed the Price of the Goods or relevant Services except as expressly provided in these Conditions.
8.7 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in relation to the Goods or the provision of the Services if the delay or failure was due to any cause beyond the Seller’s reasonable control.
8.8 Where the Seller is to install the Goods on the Buyer’s premises, the Buyer undertakes with the Seller that it will ensure compliance so far as is reasonably practicable by its servants agents licensees and customers with any instruction (where given) of the Seller for the purpose of ensuring that the Goods will be safely and properly installed or erected, and undertakes to give the Seller such access to the premises where the Goods are to be located, together with access to such services as the Seller shall require, without delay and the same shall be provided to the Seller when the Goods are relocated at the Buyer’s premises.
8.9 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Seller under clause 8.5
8.10 Where the Goods supplied to the Buyer includes an in-line spindle component, all conditions of this clause 8 shall apply to the in-line spindle save that the Warranties and Liabilities shall not apply beyond 3000 hours cumulative run-time or such other run-time period as the Seller may communicate to the Buyer within the Quotation, Contract or order acknowledgment
8.11 Where the Seller sells to the Buyer any ancillaries not manufactured by the Seller any Warranty provided by the manufacturer shall prevail and the Seller shall not be liable for any claims in respect thereof.
8.12 Subject to the provisions of this clause 8, the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract
8.13 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
9 SUPPLY OF SERVICES
9.1 The Seller shall use all reasonable endeavours to meet any performance dates for the Services specified in the Quotation, Contract or order acknowledgment, or in any written variation thereto, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
9.2 The Seller shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Seller shall notify the Buyer in any such event.
10 Insolvency of Buyer
10.1 This clause applies if:
10.1.1 the Buyer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors or (being an individual or firm) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
10.1.2 the Buyer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or
10.1.3 an encumbrancer takes possession or a receiver or administrative receiver is appointed over any of the property or assets of the Buyer; or
10.1.4 the Buyer ceases or threatens to cease to carry on business; or
10.1.5 the Buyer’s financial position deteriorates to such an extent that in the Seller’s opinion the Buyer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or
10.1.6 the Buyer (being an individual) is the subject of a bankruptcy petition or order, or dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation
10.2 If this clause applies then without prejudice to any other right or remedy available to the Seller:
10.2.1 the Seller shall be entitled to cancel the Contract or suspend any further deliveries or the provision of any Services under the Contract without any liability to the Buyer and if the Goods have been delivered (or Services provided in whole or in part) but not paid for the Price of the Goods (or such Services, as appropriate) shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary;
10.2.2 the Buyer shall return all of the Goods and any Consumable Components which have not been fully paid for. If the Buyer fails to do so, then the Seller may enter the Buyer’s premises and take possession of them. Until they have been returned, the Buyer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
10.2.3 the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
10.2.4 clauses which expressly or by implication have effect after termination shall continue in full force and effect.
11 Damage or Loss in Transit
11.1 The Seller does not accept responsibility for any damage, shortage in the Goods or loss in transit unless:
11.1.1 damage or loss in transit is notified in Writing both to the Seller and to the carriers within 3 days of receipt of Goods and the Goods have been signed for as “not examined” and have been handled by the Buyer in accordance with the carrier’s conditions; or
11.1.2 non-delivery (in case of total loss) is notified both to the Seller and to the carriers within 10 days of the date of dispatch.
12 Samples
Any samples sent to the Seller will be returned to the Buyer if requested by the Buyer when the sample is sent to the Seller. Where the Seller receives no such instruction samples will be destroyed 14 days after receipt of them by the Seller.
13 PACKING
Goods will be appropriately packed by the Seller unless otherwise agreed in Writing, for covered transportation within the United Kingdom, but will not be appropriately packed for storage purposes. If the Buyer requires any packing other than that normally specified by the Seller the Seller reserves the right to make an additional charge by way of an increase of the Price.
14 Dispatch Abroad
Where Goods are to be transported from the Seller’s works to destinations outside the United Kingdom they must be inspected by the Buyer’s agents or representative before leaving the Premises and the Seller accepts no responsibility for claims being made by the Buyer in respect of the Goods after they have left the Premises for shipment outside the United Kingdom.
15 Design Warranty
The Buyer warrants to the Seller that all specifications and designs provided by the Buyer to the Seller are the Buyer’s property or that the Buyer has rights to use such designs and specifications and the Buyer agrees to indemnify the Seller against all damages, penalties, costs, claims and expenses which the Seller may incur as a result of the use of such designs and specifications.
16 Exhibitions
The Buyer shall not without first obtaining the Seller’s permission in writing, exhibit the Goods at any public or trade display.
17 General
17.1 Neither party may assign, charge or sub-contract this Agreement or any part of it without the other’s prior written consent.
17.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or last known address such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
17.3 A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17.4 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract. If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
17.5 The Contract shall be governed by the laws of England and the Buyer agrees to submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
17.6 For the avoidance of doubt nothing in these Conditions shall confer on any third party any benefit or the right to enforce any term of this Agreement.
17.7 The Seller reserves the right to defer the date of delivery or to cancel the Contract or reduce or alter the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including without limitation, acts of God, government actions, war or national emergency, riot, civil commotion or fire, explosion, flood, epidemic, lock-out, strike or other labour disputes (whether or not relating to either parties workforce) or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that if the event in question continues for a continuous period in excess of 60 days the Buyer shall be entitled to give notice to the Seller to terminate the Contract (for the avoidance of doubt, the Buyer shall, at such time of sending written notice, be liable for all costs and expenses of the Seller to date).
18 Special Offers
Special offers can not be used in conjunction with any other offer discount or promotion. Special Offers on the special offer flyers will be valid for 30 days of the publication date and subject to stock availability unless otherwise stated. Discounts do not include VAT and carriage. YMT Ltd has the right to withdraw or change these offers at anytime.