Terms and conditions of contract
1. All quotations and orders made or accepted by the Company shall be deemed to incorporate these terms and conditions together with any special conditions stated on or annexed to our quotation. No variation or addition to, or substitution for such terms shall be binding on the Company unless expressly accepted by the Company in writing.
2. Quotations are made subject to fluctuations in price whether accruing before or after acceptance and subject to materials remaining unsold. The price quoted will be based upon the Company’s current price levels, and if, owing to alterations in the cost of materials, in wage rates, or in other expenses, the price level of the relevant goods is revised, the prices chargeable shall be those ruling at the date of despatch. The quotation does not remain open for any fixed period unless otherwise agreed in writing and, the Company reserves the right to withdraw quotations at any time before acceptance.
3. Acceptance of our quotation will not become binding on us, and no contract shall be formed, until confirmatory notice in writing is given by us.
4. The terms of payment shall be on a proforma basis, unless otherwise agreed in writing by the Company. In the event of any credit terms agreed by the Company being exceeded, the Company shall be entitled to charge interest on the overdue amount for the period overdue at 5% over the minimum Bank of England lending rate in force during that period.
5. Time of delivery shall not be of the essence of the contract. The Company cannot accept any liability for damage, consequential loss or any expense incurred resulting from the delay in delivery, howsoever the delay shall be caused. Each delivery shall be considered as a separate contract, and the failure of any goods in a particular delivery shall not affect the contract as to the remainder unless the Company agrees that it cannot supply to the specification required. The customer shall be responsible for the offloading and shall indemnify the Company against all liability whatsoever arising there from or related thereto. Unless otherwise specified, all packing cases and other containers are non returnable. When price quoted includes delivery to customer’s premises or site, the customer shall provide clear access and space for receiving the equipment. Any extra cost incurred for the want of reasonable facilities shall be charged to the customer. All deliveries are made under RHA conditions.
6. Any claim for alleged shortage or damage, however arising, will only be considered if:
a) Receipt of Goods Note has been signed for as ‘Not Examined’, ‘Damaged’, ‘Incomplete’ or to that effect.
b) A written complaint has been made to us and to the carriers (where applicable) at the time of delivery and in any event within three days of receipt of goods.
c) We are given opportunity to inspect and/or re weigh.
7. Our liability shall be limited to replacing or giving full credit at our option for goods which are returned to our works, providing that the goods have not been misused in any way. This liability is accepted in lieu of and shall be deemed to exclude all other guarantees or conditions whether expressed or implied, or whether arising from Common Law, Statute or otherwise.
When the Company is asked for advice as to the suitability of any product, such advice will be given to the best of our ability and in good faith, but such advice is given only on the express condition that we are exempt from liability for failure in performance.
We shall not be liable for any consequential loss, injury or damage of any nature arising out of this contract or in connection with any goods sold there under.
8. We shall be entitled to cancel or recind any contract without liability for a loss or damage resulting there from if the performance of our obligations under the contract is affected in any way by war, riot, restraint of Government, strike, lockout, dispute with work people, shortened hours of labour, fire, accident, non availability of materials, stoppage or interference with transport, compliance with Government requirements or any cause which we have no power to avert.
9. No cancellation, suspension or variation of this contract requested by the BUYER shall be valid unless agreed in writing and such agreement will only be given, subject to adequate compensation for expenses incurred in connection with the contract and for the loss of profit.
In addition to the above compensation, the Company may impose a cancellation charge at its discretion.
If we are asked to store goods, or if we have to store goods because of the fault of the customer after the goods are ready for despatch, the customer shall pay storage and all other charges. The storage will be at the customer’s risk and will not entitle the customer to postpone payment of any sums due to us.
10. In the event of the BUYER wishing to return goods for any reason whatsoever, permission for such returns must first be obtained from us in writing.
Where the goods have been correctly supplied, and we have agreed to accept their return, a handling charge will be of up to 33 - 1/3% of the original cost at our discretion.
11. If the goods supplied by us to the customer’s design or specifications infringe or allege to infringe any patent or registered design rights or copyright, the customer will indemnify us against all damages and costs incurred as a result of the infringement or allegation. The customer will give us all possible help in meeting any infringement claim brought against us.
12. These terms shall in all respects be constructed and have effect according to English Law.
13. THE PROPERY AND OWNERSHIP OF ANY GOODS SHALL NOT PASS UNTIL THEY HAVE BEEN PAID FOR IN FULL.
14. All second hand goods are sold under the conditions ‘As Seen and Approved’ and subject to being unsold.
15. The above conditions shall apply to the sale of the Company’s goods to the exclusion of any condition contained or referred to in the customer’s orders.
