Terms and Conditions
Exchange Rate Fluctuations
All materials referred to and quoted on in this proposal are imported by Synchron. Consequently, all prices quoted in this proposal are based on the prices and exchange rates quoted to Synchron by various suppliers ruling as at the date of quotation. At any time before acceptance of this quotation or the receipt of an order by Synchron there is any increase in the price of such supplier or the cost of transportation or duties or other costs applicable or any adverse fluctuations in the exchange rate applicable, Synchron shall be entitled by notice in writing to the customer to increase the price of such material. On receipt of any order Synchron shall purchase forward cover for the period covered by that order and hold the selling price of the material fixed for that period.
Application of Materials
On behalf of its principals and as agent only, Synchron warrants that all materials supplied are manufactured strictly in accordance with the specifications issued by such principals from time to time and are fit for the purpose for which they are manufactured. In the event of any defect in the manufacturing of the material or in the event of the failure of the material to adhere to the stipulated specifications, Synchron shall use its best efforts to procure the replacement of such material by its principals.
The undertaking referred to in relates only to defects in the manufacturing of the material and/or the failure of the material to adhere to the stipulated specifications and should not be construed as a warranty by Synchron and/or its principals that the material supplied will necessarily be fit for the purpose/usage intended by the customer and it is the customer’s sole responsibility to conduct suitable tests as to the usage to which the material is to be put and to satisfy itself as to its suitability
The customer acknowledges and agrees that Synchron shall not be liable for any breach, default or failure of the supplier of the material including but not limited to defective goods or workmanship, late or non-delivery, non-compliance with statutory or other requirements in respect of the exportation or importation of goods or any other cause whatsoever.
No responsibility or liability whatsoever shall attach to Synchron or its employees for any loss or damage, caused or occasioned directly or indirectly as a result of the supply or use of the materials unless such loss or damage is due to the wilful act or default of Synchron or its employees.
The liability of Synchron to the customer arising out of any materials purchased by the company hereunder or otherwise shall in any event be limited to the value of the materials supplied giving rise to such claim and direct damages with the express exclusion of indirect and/or consequential damages howsoever arising.