Exclusion of other Terms and Conditions

The following terms and conditions shall apply to the sale of all products by UNIVERSAL RESTRAINT SYSTEMS. [“the Company”) to the exclusion of all terms and conditions in any documents submitted to the Company by the Customer whether prior to or following the Customer’s receipt of these terms and conditions.

The Company may vary the Conditions from time to time, and the Conditions as varied shall be published on the Company website. The purchaser agrees that the ordering of any goods or services after the publication of the variation of the Conditions on the website will be an acceptance by the purchaser of the varied Conditions.

No variation or cancellation of any of the Conditions shall be binding on the Company unless agreed by a responsible officer of the Company in writing. No agent or representative has the authority to waive or alter the Conditions.

Basis of Acceptance of Quotation

All quotations verbal or written are based on information provided by the Customer [or by third parties on its behalf]. Any extra cost or expense arising from incorrect information shall be paid by the Customer.

The company will use its best endeavours to meet specified delivery dates and must notify the Customer as soon as it becomes aware that it will be unable to meet a previously advised delivery date, but the Company will be under no liability of any kind [whether for breach of contract, negligence or otherwise) for any delay in delivery from any cause.

A quotation is not to be construed as an offer or obligation to sell and the Company reserves the right to decline any order for goods or services (either wholly or partially) at any time prior to the delivery of the with pulling goods or services, in which case the Company shall be under no obligation in respect of such order.

Precedence

In the event of a conflict between the Conditions and those which may be included in, or implied by, any document forming part of any enquiry, specification, order or contract then the Conditions shall prevail unless they are expressly varied by the Company in writing. If any Condition is contrary to or excluded by law, then the Conditions shall be modified but only to the extent of excluding that part of the Conditions so affected.

Prices

All transactions are processed in US Dollars (USD). Any quotation submitted or any price set out in any price list is based upon the cost of labour and materials current at the date of the price list or quotation. The Company may at its discretion increase any price at any time to reflect changes in the cost of labour and materials and manufacturing overheads.

Literature and Suitability of Products

The Customer shall be responsible for determining the fitness of the Company’s products for the purpose for which they are intended for use by the Customer and acknowledges that the Company is not aware of that purpose unless the Customer communicates the intended use to the Company in writing and in that situation the Customer can rely on the Company’s advice. It is specifically acknowledged that the Company provides installation information for some products and that the Customer can rely on that information and those guides.

Disputes

If the purchaser disputes any charge appearing on an invoice, then the purchaser shall give written notice of such dispute to the Company immediately upon receipt of invoice and shall pay all other charges not in dispute on the invoice pending an investigation of the dispute.

Test Certificates

A test certificate issued by the Company in respect of a product will not constitute a warranty by the Company as to the quality, suitability or characteristics of the product or the fitness of that product for any purpose.

Dimensions

Lengths and weights are subject to usual commercial tolerances.

Liability

The Company warrants that its products will be free of defects caused by the default or neglect of the Company. If any product supplied by the Company is defective, the Company’s liability in respect of such product will be limited to, at the Company’s sole discretion:

(a) the replacement of the product or the supply of an equivalent product.
(b) the payment of the cost of replacing the product or obtaining an equivalent product.
(c) the repair of the product; or.
(d) the payment of the cost of repair of the product.

Except as provided above, the Company will not be liable in any way whatsoever [whether in contract, negligence or otherwise) for the injury, loss, damage, claim, action or proceeding suffered or incurred by or made or brought against the Customer and directly or indirectly cause or contributed to by a defective product, the Company’s negligence or any breach of contract.

Except as provided in this clause no warranty is given in respect of any product, and the Customer acknowledges that no warranty has been given by on or behalf of the Company. All statutory warranties negatived to the maximum extent permitted by law.

Warranty

All the Company products are warranted to be free from defects in material or workmanship for the warranty period associated with each product. Please consult the warranty card applicable to your product or a Company representative for details. During the warranty period the Company will at its option repair or replace without charge any products or part thereof found to be defective in material or workmanship. This warranty does not extend to any product which has been subject to misuse, abuse, negligence, accident, alteration or unauthorised repair. Goods supplied by us but manufactured by others will be warranted only to the extent of the manufacturer’s warranty. Defective products must be returned to the Company address provided within the above period, transportation prepaid, the Company will bear the cost of return transportation.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL the Company BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF VEHICLE, CARGO OR PROFITS.