Terms & Conditions
The following General Conditions of Sale shall apply to all contracts
All quotations, whether verbal or in writing, are subject to our written confirmation on receipt of order. The prices quoted are based on present costs of materials and labour and are subject to adjustments to cover any variations which might take place prior to the completion of the contract. Orders are accepted on the terms that all conditions and warranties which would arise by implication of law are excluded. The Company will hold itself responsible only in respect of guarantees and warranties given expressly in the contract of sale.
Illustrations, leaflets, advertisements and drawings or other matter issued by, or on behalf of, the Company are not binding as our designs are subject to alteration.
3. WEIGHTS AND MEASUREMENTS
All weights and measurements, performances and horsepower given in estimates, illustrations, leaflets, advertisements or drawings or other matter issued by, or on behalf of the Company are believed to be correct, but are not guaranteed and shall not be binding on the Company except when expressly agreed in the contract of sale.
Our products are carefully Inspected, and tested at the manufacturer's or our works before despatch. Where special tests or tests in the presence of you or your representative are required, these must be made at our works, unless otherwise agreed, and will be charged for as an extra. In the event of any delay on your part in attending such tests after seven days’ notice has been given by us, the tests will proceed in your absence and shall be deemed to have been made in your presence.
The delivery period is quoted in good faith, but is not guaranteed and is not to be binding on the Company. All deliveries will be ex works and unpacked unless otherwise stated. When goods are carried and delivered by the Company or any other carrier, the care, carriage and unloading thereof, whether by the Company’s servants or otherwise, shall in all respects be at the Customer's cost and risk, unless special arrangements have been made to the contrary in writing and no compensation or damage will be paid by the Company for loss, damage, delay, deterioration or miss-delivery, whether caused by the act default of the Company or its servants or by accident or otherwise. The Customer must notify the Company within three days of any damage to goods caused in transit or any irregularity in the carriage or delivery of the goods and in the prosecution of any claim in respect thereof the Company shall be the Agent of the customer, who, before giving the carriers a receipt for the goods tendered, shall examine them, but if unable to do so, shall sign for the same unexamined.
The prices payable for the Goods shall be those charged by the Company at the time of despatch so that the Company shall have the right at any time to revise quoted prices to take account of increases in costs including (without limitation) costs of materials, labour and Carriage. All prices quoted by the Company are exclusive of Value Added Tax unless otherwise stated, all prices are ex works and are exclusive of delivery charges.
7. TERMS OF PAYMENT
a) Unless the customer's credit is approved in writing by the Company, payment is due before or on delivery. If credit is approved, the following sub-clauses (b) and (c) shall apply.
b) The Contract price for the Goods shall be payable net cash and without set-off not later than 30 days from the date of invoice or as otherwise agreed by the Company.
c) In the event of any goods being delivered at the Customer's request by instalments, then each installment shall be deemed to be the subject of a separate Contract. Failure to pay within the relevant period for any Installment shall entitle the Company to suspend deliveries of the Goods pending payment without prejudice to any other remedy available to the company.
d) The company shall be entitled to charge simple interest on any part of the price not paid by its due date from that date until payment at the rate of 2% per month.
e) The time herein before mentioned for payment for goods is of the essence of this contract. No delay, for whatever cause, in starting up or using equipment and no alleged defects shall entitle the customer to delay payment
No order given to this Company can be cancelled without their consent in writing and it shall be an implied condition of such cancellation that the customer shall indemnify the Company against all loss and expenses occasioned thereby.
a) The Company is a dealer in goods. Accordingly, the Company shall use its best endeavours to pass to the Customer the benefit of any manufacturer's warranty or guarantee given in respect of the Goods.
b) Save as aforesaid (and save in respect of death or personal Injury) the provisions of Section 14 of the sale of Goods Act 1979 (which relate to quality and fitness for purpose) are excluded and the Company shall not be Iiable for any claim for direct, or indirect, consequential or incidental Injury, loss or damage made by the Customer against the Company (whether in contract or in part including negligence on the part of the Company, its servants or agents) arising out of or in connection with any defects in the goods.
c) Without prejudice to the generality of the foregoing, nothing herein contained shall operate to exclude or restrict liability for breach of any obligation arising from Section 13,14 or 15 of the Sale of Goods Act 1979 as against the Customer if he is dealing as a 'consumer' as defined by Section 12 Of the Unfair Contract Terms Act 1977.
d) The Company’s prices reflect the obligations undertaken by the Company and the exclusions set out in those Conditions, If any of them is unacceptable to the Customer the Company will re-negotiate such obligations, or exclusions, together with the price.
a) The risk in respect of all goods shall pass to the Customer as provided in the contract, or when they leave the Company's premises, the property in the goods shall not pass to the Customer except as provided in Condition 11.
b) The Customer shall inspect the Goods immediately on arrival thereof and shall give notice to the Company of any matter by reason of which it may allege that the Goods are not In accordance with the Contract. The time limit for such notice shall be 14 days following receipt of the Goods by the Customer or if related to the transport of the Goods such period as will enable the Company to comply with any time limit and procedure relating to the acceptance of complaints or claims adopted by the carriers by whom the Goods were transported. If the Customer fails to give notice or report In accordance with this clause, the Goods shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to accept and pay for the same at the time specified above and the Company shall be under no liability unless the Customer complies with the provisions of this clause. No claim of any kind whether as to goods delivered or for non-delivery of goods and whether or not based on negligence shall be greater in amount than the purchase price of the Goods in respect of which such claim is made. In no event shall the Company be liable for special or consequential damages.
a) Notwithstanding the provisions of Condition 10, the Company and the Customer expressly agree that until the Company has been paid in full for any Goods, such Goods shall remain the property of the Company. If the Customer sells the Goods before payment in full has been made and if the Company requires he shall hand over to the Company all claims for payment against the sub-purchaser.
b) So long as the property in the Goods remains in the Company, the Company shall have the right, without prejudice, to the obligation or the Customer to purchase the Goods, to take re-possession of the Goods and for the purpose to go upon any premises occupied by the Customer.
12. GOODS IN TRUST
Goods held in storage or delayed in delivery at the Customer’s request shall be charged to the Customer when available for despatch and no liability can be accepted for goods so held in trust. Storage will be charged for goods held for more than one month.
13. SITE INSTALLATION
In the event of our employees carrying out site installation, special terms and conditions will apply.
14. VALUE ADDED TAX
All prices quoted by the Company are exclusive of VAT. An additional charge will be made for VAT in accordance with the rate ruling at the date of despatch.
15. ALTERATIONS TO CONDITIONS
No alteration to these conditions shall apply except with the express approval of the Company in writing.
For all goods or services provided to an export customer, i.e. where we invoice a non U.K. customer direct, special conditions will apply.