Training document. This claim file, the companies, the firm,
the people, the claim number and every figure in it are fictional. Each tab is a simplified teaching text, not a
court form, a published precedent or the papers of any real claim. The short note at the head of each tab and the
copper chips like Explained in Ch. 4, which link each tab to the chapter that
explains it, are not part of the file.
Ravensett Seating Limited v Corledge Castings Limited: The Claim File
Claim No. CC-2027-MAN-000000 Circuit Commercial Court in Manchester
TIVERSHAW LLP, Manchester Solicitors for the Claimant
About this tab: Corledge's standard terms of sale, which
Ravensett signed in 2022. Every order since, the batch included, was placed on them. Corledge wrote them, so they
favour the seller. Shown here: the definitions, the basis of contract, the warranty (clause 8), the limits on
liability (clause 10), payment (clause 12) and the law clause.
CORLEDGE CASTINGS LIMITED
CONDITIONS OF SALE
1. Definitions
1.In these Conditions:
“Company”
means Corledge Castings Limited;
“Customer”
means the person who buys Goods from the Company;
“Goods”
means the goods described in an Order;
“Order”
means the Customer's order for Goods, once the Company has accepted it in writing;
“Specification”
means the drawings, dimensions and tests for the Goods that the Customer gives the Company and the
Company accepts in writing.
2. Basis of contract
2.1These Conditions govern every Order, to the exclusion
of any other terms, including any terms the Customer puts forward and any terms implied by trade, custom or
course of dealing.
2.2No change to these Conditions binds the Company unless
it is in writing and signed by a director of the Company.
8. Warranty
8.1The Company warrants that the Goods shall, for 12
months from delivery, conform with the Specification and be free from defects in material and workmanship.
8.2The Customer shall give the Company written notice of
any claim under clause 8.1 within 12 months of delivery of the Goods concerned, failing which the Company shall
have no liability for the claim.
8.3If any Goods do not comply with clause 8.1, the
Company's only obligation shall be, at the Company's option, to repair or replace those Goods or to refund their
price. This is the Customer's only remedy for that failure.
8.4All terms implied by statute or common law, including
the terms implied by sections 13 to 15 of the Sale of Goods Act 1979, are excluded to the fullest extent permitted
by law.
10. Limitation of liability
10.1Nothing in these Conditions limits or excludes the
Company's liability for death or personal injury caused by its negligence, or for fraud or fraudulent
misrepresentation.
10.2Subject to clause 10.1, the Company shall not be
liable, whether in contract, tort (including negligence) or otherwise, for any loss of profit, any loss of
business, or any indirect or consequential loss, arising under or in connection with an Order.
10.3The Company's total liability under or in connection
with an Order shall not exceed the price of the Goods under that Order.
10.4If any provision of these Conditions, or any part of
one, is found invalid or unenforceable, it shall be treated as deleted, and the rest of these Conditions shall not
be affected.
12. Payment
12.1The Customer shall pay each invoice within 30 days
of the date of the invoice.
12.2If the Customer does not pay an invoice when it is
due, the Company may claim interest on the unpaid sum under the Late Payment of Commercial Debts (Interest) Act
1998.
16. Law and jurisdiction
16.1These Conditions and every Order, and any dispute or
claim arising out of or in connection with them, shall be governed by the law of England and Wales.
16.2The courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions or any
Order.
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