Terms and Conditions Of USA & International Supply
1. Definitions and interpretation
1.1 In these Terms:
“Affiliate” means a company, firm or individual that Controls, is Controlled by, or is under common Control with the relevant company or firm;
“Contract” means a contract between the parties for the sale and supply of Products entered into in accordance with our Purchase Order & Acknowledgement.
“Customer” means the customer for the Products as specified in their Purchase order and our Acknowledgement.
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Prices” means the Quoted prices for the Products as [sent by the Supplier to the Customer / published on the Supplier’s website, or any other formal document] from time to time;
“Products” means the products which may be or are purchased by the Customer from the Supplier under these Terms (details of which are set out in in our Quotation, customer drawings & Specifications Purchase Order & Acknowledgement );
“Supplier” means Diamond Coatings Limited, a limited company incorporated in [England and Wales] (registration number 04437633) having its registered office at Unit 3 & 4 Sterling Park Pedmore Road, Brierley Hill, Dudley West Midlands, DY5 1TB, United Kingdom;
“Terms” means these terms and conditions of supply.
1.2 The ejusdem generis rule is not intended to be used in the interpretation of these Terms; it follows that a general concept or category utilised in these Terms will not be limited by any specific examples or instances utilised in relation to such a concept or category.
2. These Terms
These Terms contain the only conditions upon which the Supplier will deal with the Customer, and they govern all Contracts to the exclusion of all other terms and conditions.
3. Contracts
3.1 Each order for Products given by the Customer to the Supplier will be deemed to be an offer by the Customer to purchase Products from the Supplier subject to these
3.2 All orders placed with Diamond Coatings (“the Company”) for materials or services are subject to acceptance by the Company at its sole discretion. The prices quoted for raw materials are indicative and subject to change based on, but not limited to, fluctuations in market prices, availability of raw materials, supplier pricing, currency exchange rates, taxes, duties and tariffs or other factors beyond the Company’s control. The Company reserves the right to adjust prices or decline to fulfill an order if the cost of raw materials or associated expenses changes prior to order confirmation.
3.3 By placing an order with the Company, the customer acknowledges and agrees to these terms, including the potential for price adjustments, order modifications, or additional costs arising from the procurement of raw materials and associated import taxes or duties. The Company will provide reasonable notice of any changes, and the customer’s continued engagement with the order constitutes acceptance of the revised terms.
3.4 In order for a Contract to come into force:
(a) the Customer must submit an order to the Supplier and must give to the Supplier its express written acceptance of these Terms; and
(b) the Supplier must send to the Customer an order confirmation;
and upon the issue of an order confirmation by the Supplier a Contract will come into force between the parties.
