1.In the event of the Seller being unable to comply with the delivery instructions in this Order the Seller must inform Planer plc of the fact.   Planer plc will be at liberty to vary the terms of this Order or cancel the same as Planer plc thinks fit and will notify the Seller of any such variation or cancellation.

2.Whenever in this order delivery is required within a fixed time, such time shall be of the essence of the Order and if the Seller does not deliver the goods or services ordered within the time stated Planer plc may treat such non-delivery as a breach of condition of the Order and Planer plc shall have the right to reject the goods or services and treat the Order as repudiated.

3.Notwithstanding the conditions herein contained Planer plc may subject to Seller's acceptance vary the time of the delivery of the goods ordered but such time as varied shall nevertheless be of the essence of the Order and condition (2) hereof shall apply to such time as varied.

4.The goods or services supplied under this Order shall conform to the specifications laid down by Planer plc and be of the best materials and/or workmanship and to the entire satisfaction of Planer plc In the event of a breach of this condition Planer plc shall be entitled: (a) to reject either all the goods or services ordered by this Order or such part of them as it is dissatisfied with or (b) to treat the Order as repudiated

5.If goods are delivered in excess of the quantity ordered then Planer plc may reject the excess quantity of such goods and return them to the seller at the Seller's expense.

6.This Order is placed with the Seller by Planer plc on the express conditions that if accepted by the Seller, no information of any kind whatsoever regarding this Order or its placing, whether as to the nature, quantity of quality of the goods or material hereby ordered or otherwise shall be divulged or disclosed by the Seller or any of the Seller's servants or agents to any person or persons (including any body corporate or incorporate) whomsoever without the prior written consent of Planer plc

7.Intellectual property rights in improvements or developments relating to this Order vest in Planer plc

8.Any tools, moulds, plans or aids to production furnished by the Seller or Planer plc shall be the property of, and shall not be used for any purpose other than for Planer plc

9.Planer plc’s representatives are authorised to collect goods intended for Planer plc and to sign for them 'unexamined' but not otherwise and Planer plc reserve the right to reject such goods in whole or in part upon examination at the specified destination within a reasonable time of delivery.

10.If the business of Planer plc shall be stopped, interrupted or restricted by riot, lock-out, strike (whether of the employees of Planer plc or any other persons) fire, explosion or any other cause whatsoever Planer plc shall have the right to cancel this Order by informing the Seller by any method in respect of any goods or services undelivered at the date of such cancellations and/or to defer the date or dates of delivery and of payment until the business of Planer plc shall be re-opened.

11.The Seller will indemnify Planer plc against all actions, costs, claims, damages, demands and liabilities for or in respect of any proceedings brought or threatened to be brought against either Planer plc or its customers or others by any person being a patentee or other person alleging that the goods ordered or the sale thereof by it or its customers or the use thereof constitutes an infringement of a patent or of other protective rights.

12.All packing charges imposed by the Seller (if any) must be notified to Planer plc separately.
13.A packing note describing the goods sold and the cases in which they or each of them are packed must accompany each and every delivery.

14.All returnable reels or containers must be clearly marked so and bear the seller's full name and address, failing which Planer plc will be under no duty to return reels or containers and under no liability to pay for or in respect of them.

15.Save as varied by these Conditions the prevailing laws appertaining to the sale of goods and/or services shall apply. In the event of any of the said Conditions being in conflict with such prevailing laws, the non-conforming part shall be deemed deleted form the Order and the remaining part(s) shall stand.

16.This Order may be varied only by notification in writing, authorised by a Director of Planer plc  In the event of any conflict between these Conditions of Purchase of Planer plc and any conditions stated by others, these Conditions of Purchase shall prevail.

17.It is a condition of this Order that where an EC Directive is applicable to goods ordered, the goods shall comply with the standards of the relevant Directive(s), and shall accordingly carry any specified CE mark.

03/12/2003