CONDITIONS OF SALE
Orders are accepted on condition that the following Conditions of Sale be accepted by the Customer to the exclusion of the Customer’s conditions and any other conditions of
sale or purchase and that in the event of re-sale the Customer undertakes the responsibility of ensuring that ultimate purchaser is also fully acquainted with the said conditions.
- QUOTATIONS AND TERMS All quotations and tenders are ‘ex-works’ unless otherwise stated and are subject to a firm order being placed within 28 days unless otherwise stated. The acceptance of the order by the Company will constitute a contract subject to these conditions. Any variation of the contract must be in writing and signed by the Company and the Customer. Unless firm prices are quoted in the quotation or tender the contract price is based upon the cost of materials, labour, transport, fuel and other relevant factors applying, and statutory obligations at the time of the tender or quotation, and if between that date and the date of actual delivery, variation either by rise or fall shall occur in these costs, then the contract price shall be amended to provide for these variations. The order must be accompanied by sufficient information to enable the Company to proceed with the order forthwith.
- CUSTOMER REQUIREMENTS When supplying goods in respect of a particular purpose every endeavour is made to meet the requirements of Customers from the information supplied by them. As full information will be supplied at the request of the Customer regarding the manufacture and capabilities of the goods no responsibility is accepted as to the suitability of any goods, except under the terms of the Company’s Guarantee. Without prejudice to the generality of the foregoing the Company will furnish upon request data relating to the application or use of the goods but the Company will not be responsible and does not assume any liability whatsoever for damage of any kind sustained either directly or indirectly by any person in or through the adoption or use of such data in whole or in part.
- DELIVERY AND COMPLETION DATES a) In the event of either: i) the Company being delayed in or prevented from making delivery or completing the contract owing to act of God, force majeure, war, civil disturbance, requisitioning, government or parliamentary restriction, prohibition or enactment of any kind, import or export regulations, strike, lock out, trade dispute, difficulty in obtaining workmen or materials, breakdown of machinery, shortage of fuel, fire, accident or any other cause whatsoever beyond the Company’s control, or, ii) Non-delivery by the Company’s suppliers, the Company shall be at liberty to cancel or suspend the contract without incurring any liability for loss or damage resulting therefrom. b) Whilst delivery and completion dates are given in good faith based upon information available to the Company at the time of quotation or tender, such dates are not guaranteed and the Company accepts no liability for the delay (as defined in 5a(i) above) in delivery or completion and no delay (as defined) shall entitle the Customer to reject any delivery or any further instalment or part of the order or to repudiate the contract or the order or any part thereof or to claim any damages or compensation in respect of the said delay.
- DELIVERY: LOSS OR DAMAGE IN TRANSIT When the Company delivers to the customer, delivery will take place when the goods are delivered to the customer’s premises or unloaded from transport whichever occurs last, and risk thereupon will pass to the customer. When the customer collects from the Company delivery will take place when the goods are loaded on transport or leave the Company’s works, whichever occurs first, and risk will thereupon pass to the customer. The Company accepts no responsibility for any loss or damage to goods. howsoever arising, after delivery has taken place, except in cases where the Company itself has agreed to undertake transport, when the Company accepts responsibility only for repair or replacement of damaged or lost goods where the cause of damage or loss was the result of negligence of the Company’s employee or agent. Customers are strongly advised to make suitable insurance arrangements in respect of goods in transit out of the Company’s works. Claims in respect of loss or damage in transit should be made direct on the carrier or transit should be made direct on the carrier or transport concerned.
- QUANTITIES Whilst every endeavour will be made by the Company to deliver the exact quantity ordered, the Company reserves the right to delivery any quantity within 10% above or below the quantity ordered and to invoice the customer for the quantity so delivered. Any claim that the quantity delivered is less than the quantity invoiced must be submitted to the Company within seven days of delivery.
- STORAGE If the Company does not receive forwarding instructions nor the Customer collects the goods within five working days after notification to the customer that the goods are ready for delivery, the customer shall arrange for storage at its own expense and risk failing which the company shall be at liberty to store or arrange for storage of the goods at the customer’s expense and risk and the goods shall be paid for by the customer by reference to the time when the goods are ready for delivery or are due to be delivered, whichever is later. Any charges for storing or demurrage after delivery will be paid for by the customer.
- PACKING Where goods are sold packed the content of packing and/or protection will be at the discretion of the Company unless the customer specifically requests special packing. The customer is hereby informed that certain large items of equipment will require special packing. In all instances the customer will be charged extra for special packing.
- STATUTORY OBLIGATIONS The Company will offer every co-operation, in observing any such obligations by the responsibility for the observance of all obligations the performance of which is necessary to comply with the Law of the Country where the goods are to be used or installed rest with the customer who shall indemnify the company against all claims arising under any such Act or by reason of non-compliance with any of the said obligations and against all costs and expenses arising from any such claim.
- PAYMENT Prices quoted are net. Subject to being approved accounts are due for payment not later than 30 days from the last day of the calendar month in which delivery is made. Otherwise payment must be received by the Company before delivery. When deliveries are spread over a period each consignment will be invoiced as despatched and each month’s invoices will be treated as a separate account and be payable accordingly. The Company reserves the right to charge interest on all overdue accounts at three percent above current bank rates. Failure to pay for any goods or for any delivery or instalment shall entitle the Company to suspend further deliveries both on the same order and on any other order from the customer without prejudice to any other right the company may have. The company reserves the right where a customer fails to adhere strictly to the agreed credit terms or where genuine doubts arise as to the customer’s financial position to suspend delivery of any order or any part or instalment without liability until payments or satisfactory security for payment has been provided. Where goods are to be delivered outside the UK payment must be made against delivery of the goods or shipping documents f.o.b. UK Port unless credit arrangements approved by the Company have been made.
- GUARANTEE The goods supplied by this company are supplied with the following express guarantee: The company undertakes all precautions to ensure the quality of goods and materials and guarantees all goods against faulty material for a period of twelve months from the date of delivery. The company will repair ore replace, free of charge, any goods which are, to the company’s reasonable satisfaction, shown to be defective within that period. The terms of this guarantee apply only to the first owner/user of the goods. The company will in no circumstances accept responsibility for any defects whatsoever arising from misuse of any goods or arising out of situations outside the control of the company. Any Claim under this guarantee must be made within 30 days of discovery of the defect.
- RESTRICTIONS ON COMPANY’S LIABILITY a) Subject as aforesaid, all express or implied warranties, conditions, representations, undertakings or liabilities, whether imposed by statute or common law, custom or otherwise regarding damage or loss are hereby expressly excluded insofar that such matters are within the bounds of reasonableness and in the light of these terms and conditions; in particular, without impairing the generality of the foregoing, no statement or description issued by the Company or any Communication from the company or made verbally or in Writing by any of the Company’s agents, representatives, officers or employees shall give or imply or be construed as giving or implying any such warranty, condition, representation, undertaking or liability as aforesaid nor shall such statement or description enlarge, vary, or override in any way any of the conditions herein contained. b) The company accepts no responsibility for damage, direct, consequential, contingent or resulting loss, loss of profits, costs, charges, expenses or other liability, whether of the Customer or any other party, howsoever arising but within the bounds of reasonableness, the Company’s responsibility being strictly limited to rectification or replacement as set out above and those matters referred to in these terms and conditions. Such rectification or replacement will be made as quickly as possible but the Company requires a reasonable time to effect this. A claim in respect of any defect or failure to comply with the specification or order or in respect of any delivery or instalment of an order or any part thereof for any other order, delivery or instalment or any part of the same order delivery or instalment.
- LEGAL CONSTRUCTION The contract shall in all respects be construed and operate as an English contract and shall be governed by English Law.