All orders are accepted on these terms and conditions (“the conditions”) and no variations will be accepted other than confirmed in writing by the company.
In the case of any difference between the conditions and any terms and conditions used by a customer and incorporated into their order the conditions will prevail.
On receipt of an order from a customer the company will supply the customer it’s order confirmation (“the order confirmation”) setting out details of the goods to be supplied, the price payable and the period during which the company is prepared to supply the goods at the price quoted.
No statement from any catalogue advertisement or made verbally by any of the company’s employees or agents shall vary the conditions.
The company shall be entitled to decline to proceed with any order:
If it considers the customer’s references or credit worthiness unsatisfactory.
If the order placed is below the company’s minimum order value of £10.00 per order.
Should the company agree to accept the return of any goods ordered, the company shall be entitled to make a handling charge for dealing with such order of not less than £25.00.
The equipment shall mean the goods to be supplied by the company shall be entitled to make a handling charge for dealing with such order.
All prices quoted in the order confirmation are valid for the period specified in the order confirmation and the company shall be entitled to revise the price quoted if the customer has not accepted in writing the quotation before the expiry of the period stated in the order confirmation.
The prices quoted are exclusive of Vale Added Tax (or any replacement therefore) which will be charged additionally to the customer.
Unless otherwise agreed in writing the payment shall be made of the invoiced price including VAT without any deduction or set off within 30 days of the invoice date.
If a customer fails to pay an invoice within 30 days then notwithstanding any other remedy the company may have, the company shall be entitled to:
Stop work on any contracts between the company and the customer
To enter the premises where the equipment is located for the purpose of reclaiming the same and to retain any equipment within the company’s possession belonging to the customer and to refuse to undertake fresh orders from the customer pending settlement of the company’s overdue and outstanding invoices.
Failure to pay the invoice price within 30 days will entitle the company to charge interest at the rate of 4% above the base lending rate of the company’s bankers on the invoiced price on the amount outstanding after 30 days from the date of the invoice until the actual date of receipt of payment by the company.
The company warranties that:
The equipment supplied to the customer will be in full working order to normal industrial standards. Save as aforesaid and warranty or condition, express or implied or written as to the quality of the finished equipment or it’s fitness or any particular purpose are specifically excluded
In respect of equipment manufactured by it if the equipment or any part or parts comprise therein prove to be defective within a period of 12 months through either faulty materials or workmanship on the part of the company then the company will repair such faulty equipment or parts or at the company’s sole discretion shall replace the same provided the company shall only be liable in respect thereof if it receives notice in writing of a defect in respect of the equipment within 12 months of delivery thereof and where possible so to do that the defective parts are returned to the company by the customer at it’s expense provided that the equipment is situate outside England, Scotland or Wales the company shall be liable only to supply at it’s cost replacements for the defective parts.
In respect of equipment which is not new at the date of supply the buyer shall be deemed to have inspected this and purchased it on “sold as seen” basis and the company gives no warranty as to the suitability, capacity, quality, condition, performance or otherwise of the equipment unless otherwise specified in writing by the company.
The company shall not be liable for any defects in the equipment where this has been caused by a failure on the part of the customer to use it for the purpose for which it was constructed or to operate or maintain the equipment.
In a reasonable and proper manner
In accordance with any training given by the company
In accordance with any operating instructions supplied by the company.
The company’s liability shall not extend beyond the warranty given under paragraph 4 nor shall the company be liable in any circumstances for any consequential loss.
The company shall not be liable for any failure to perform this contract arising as a result of circumstances beyond the company’s control
The company’s liability for failure to complete and order in accordance with the terms of it’s contract with the customer shall be limited to damages not exceeding the invoiced price and in no circumstances shall the company be responsible for any consequential loss, damage or expense howsoever arising.
Any advice or recommendations given by the company or it’s employees or agents to the customer or it’s employees or agents as to the storage, application or use of the equipment which is not confirmed in writing by the company is followed or acted upon entirely at the customer’s own risk and accordingly the company shall not be liable for any such advice or recommendation which is not confirmed.
The application and use of the equipment is the absolute responsibility of the customer and the company gives no warranty as to the suitability of the equipment for any particular purpose and the customer shall be deemed to have carried out all tests and trials necessary to satisfy itself as to the suitability of the equipment for the purpose for which the customer intends to put it.
The company shall not be responsible for delays or failure to deliver the equipment on a date agreed due to shortage of materials or labour or other causes beyond it’s control.
The seller reserves the right to make any modifications to the equipment necessary to comply with any rules or requirements of any regulatory authority
The company accepts no responsibility for:
The accuracy of patents, drawings, particulars or specifications supplied by the customer or any defects in the equipment manufactured by the company resulting therefrom.
The loss of or damage to materials, patents or other articles or documents supplied by the buyer arising from fire or other cause beyond the company’s control.
The customer indemnifies the company in respect of all loss, claims, demands, or liability arising as a result of the work done in accordance with the customer’s specification and instructions which is an infringement of any letters patent, registered design, proprietary process or otherwise
Delivery and Title
Title to and property in the equipment supplied remains vested in the company until all money due and owing to the company in respect of the equipment supplied has been received in full by the company.
Delivery shall be deemed to be affected and risk in the equipment shall pass to the company by:
Delivery to the address (The address stated in the invoice or order confirmation) unless otherwise agreed in writing with a customer, or
Delivery F.O.B to a UK port when the equipment has been so delivered.
Where equipment is to be collected by the customer and it has been so collected by the customer or it’s agent or representative.
The company’s responsibility shall cease immediately the equipment ordered is placed on board ship or delivered to the address and the company shall be under no obligation to give the buyer the notice specified in section 32(3) of the Sale of Goods Act 1893-1979.
Notification of Loss of Damage to or Non Delivery of Equipment
Claims for damage to or loss of equipment in transit must be submitted in writing both to the company and to the carrier as follows
In the case of non-delivery of the whole or any part of a consignment within 7 days of the date of despatch shown on the invoice or delivery note (whichever is the earlier)
In the case of damage or partial loss of equipment it is the customer’s responsibility to inspect the equipment on delivery and notify the company in writing within 48 hours that the equipment delivered is damaged or incomplete.
Save as aforesaid the company will not accept any claims for damage of non-delivery of equipment.
Contracts not Assignable
This contract is personal to the company and the customer named in the order confirmation and is not assignable without the company’s consent.
Orders are accepted subject to the company receiving any necessary licences to purchase or to use the raw materials in the production of the equipment and whilst the company will use it’s best endeavours to obtain such raw materials the company shall be entitled to cancel this contract if it is unable to do so.
All delivery dates and times are quoted in good faith, based on manufacturer’s advice but are not guaranteed and the company cannot accept responsibility for any failure to deliver on the date quoted for reasons beyond it’s control
All work carried out for the federal government of for providers of public service shall have priority over any other contracts the company undertakes and the company reserves the right to delay completion or suspend a contract with a customer in such circumstances.
These conditions embody the entire understanding of the parties and supersedes any prior promises, representations, undertakings or arrangements and are only capable of variations by agreement in writing signed by both parties.
This contract shall be governed by and constructed in accordance with the laws of England and the customer agrees to submit to the jurisdiction of the English Courts.