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CONDITIONS OF SALE (02/10/01)
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INTERPRETATION In these conditions: ‘BUYER’ means the person who accepts a
quotation of the Seller for the sale of the Goods or whose order for the
Goods is accepted by the Seller. ‘GOODS’ means the goods (including any
instalment of the goods or any parts for them) which the Seller is to supply
in accordance with these conditions ‘SELLER’ means Tuscan Foundry Products
Ltd. Of Units C1-C3, Oakendene Industrial Estate, Bolney Road, Cowfold, West
Sussex, RH13 8AZ ‘CONDITIONS’ means the standard terms and conditions of
sale set out in this document and (unless the context otherwise requires)
includes any special terms and conditions agreed in writing between the
Buyer and the Seller.
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CONTRACT
1. Unless otherwise agreed in writing by us, these conditions shall form
part of any contract based on an acceptance of this offer and no conditions
inconsistent therewith shall, unless expressly agreed in writing by us, be
deemed to override or vary these conditions notwithstanding their being
proffered by you at a date later than this offer. These conditions shall
apply not only to the present transaction but to all future business in
between us except in such cases as the contrary is expressly agreed in
writing with us.
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2. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this
agreement.
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3. All technical data, physical dimensions, capacities and other properties
and particulars including drawings are made in good faith as being
approximately correct but deviation there from shall not vitiate the
contract nor be made the basis of any claim against us. .
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4. The contract between ourselves and the buyer which is subject to these
conditions is to be construed and to take effect as a contract made in
England and in accordance with English law and any disputes arising there
from shall be determined in the courts of England or at our discretion,
shall be referred to a single mutually acceptable arbitrator in accordance
with the provisions of the Arbitration Act currently in force. |
PRICES
5. All prices and terms quoted in our price list or catalogue etc. May be
changed by us without notice. All orders are accepted for delivery at the
price and on the terms ruling at the date of despatch and orders for
commissioning and repair at prices and on terms ruling at the date of
service.
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PAYMENT
6. Unless Expressly agreed between us in writing otherwise, all sales are
payable net cash with order.
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7. For agreed credit accounts, invoices are to be paid 20th of month
following date of invoice, and this time condition is the essence of the
contract. We reserve the right to charge interest on all overdue accounts at
a rate equal to 5% above Bank of England’s base rate for the time being in
force for the period from the date of invoice until the date of actual
payment.
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PERFORMANCE
8. We will accept no liability for failure of our product to attain any
performance figure unless we have specifically guaranteed that figure or
unless that figure is quoted in our official catalogue or brochure in force
at the date of delivery.
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TITLE
9. All goods sold by us whether delivered or installed or not shall remain
our sole property until all payments due for the sale or supply of such
goods have been paid to us. Until property in goods sold or supplied passes
to the buyer the buyer shall be responsible for any damage suffered by the
goods and shall take all steps necessary to keep the goods in good condition
and repair and shall keep the same in safe custody and shall not improperly
use the same and shall not do anything which may lead to the goods being
seized by way of distress or any legal process and shall keep the goods
comprehensively insured against all risks in their full price and that our
interest as unpaid seller is properly recorded in the policy. Further, at
all times whilst goods are in the buyers possession but whilst the title
remains vested in us, The buyer shall notify us immediately any defect
arises in the condition of the goods and shall at all times allow us access
to the goods for purposes of inspection and/or work to the goods and shall
be entitled (but not obliged) to carry out such work and render to the buyer
such charges for such work as may be appropriate.
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DELIVERY
10. Prices for goods quoted in our price list are for goods delivered within
the United Kingdom, delivery and packing charges may though apply.
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11. Any date or period named by us for delivery is given in good faith as an
estimate only, whilst we will endeavor to despatch within the period stated,
such date or period is not to be the essence of the contract, and the buyer
shall be bound to accept the goods ordered when available. Unless we have
specifically given an undertaking in writing with an agreed sum as
liquidated damages for late delivery, we shall not be liable in any way in
respect of late delivery however caused, and in any event any liability
shall be strictly limited to the liquidated sum so specified.
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12. If, having given to the buyer notice that the goods or any part of them
are ready for despatch, we do not receive forwarding instructions to enable
us to despatch within 14 days from the date thereof, the buyer shall take
delivery or arrange for storage of the goods, failing which we shall be
entitled to store the goods at the buyers risk and expense, and our invoice
for the goods will become immediately due for payment.
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13. Where the price includes delivery, we shall repair or replace free of
charge goods damaged in transit provide the buyer sends to the carriers and
ourselves written notification within 3 days in the case of damage or
shortage and within 21 days of despatch in the case of non-delivery. Where
the price does not include delivery or carriage is provided by the buyer,
the buyer shall be responsible for any loss or damage in transit.
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14. Carriage or postage on spare parts will be prepaid and charged in full
to the buyer. Where express delivery is requested by the buyer all
additional costs will be charged in full to the buyer.
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15. The buyer shall inspect the goods immediately on delivery thereof and
give immediate notice to us any matter or thing by reason whereof the buyer
shall be deemed to be in all respects in accordance with the contract and
the buyer shall accept and pay for the same accordingly. Any claims made by
the buyer against us under the terms and conditions of our warranty (below)
must be substantiated to our satisfaction and we may refuse to replace
repair or credit in respect of any alleged faulty part until sufficient
evidence of the validity of the claim has been presented.
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16. Where delivery is fixed by installments, such installments deliverable under the contract shall be deemed to be sold under separate contracts. Defective deliveries of one or more installments
shall not entitle the buyer to repudiate the contract with regard to any installments
remaining to be delivered.
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17. If any packages are charged for and returnable, allowance will only be
made for same when they have been received back at our premises in good
condition and carriage paid.
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18. It is our responsibility to load vehicles with goods at our works, but
is the buyer’s responsibility to offload all goods at their destination and
to ensure the safe access to a level unloading area is available. Any
damages sustained during offloading is the responsibility of the buyer.
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WARRANTY
19. Our liability in respect of any defect in or failure of the goods or for
any loss or injury or damage attributed thereto is limited to the cost of
replacement of the goods or the repairing of such defects which under proper
use have appeared therein and arise solely from faulty design, materials or
workmanship. The warranty period for all products shall be 1 year unless
otherwise specified, notwithstanding and additional warranty where provided
by the manufacturer. Faulty goods shall not form the subject of any claim
for labour costs or other expenditure incurred by the buyer and we shall not
be responsible for any loss or damage arising out of any such fault.
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20. Only in exceptional circumstances and by previous written agreement will
we accept back for credit items which have been supplied against orders or
which have been manufactured in accordance with your specifications but have
not yet been delivered, provided that the goods to be returned are new of
standard design/colour and unused. Restocking charges will be applied by us.
The Restocking charge will be a minimum of 25% rising (dependant on
product), and will also be subject to an additional carriage/collection
charge.
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21. We specifically do not accept liability for financial or consequential
losses, expenses or damage occasioned by defects in manufacturing or arising
from any other cause.
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22. The benefit of this warranty is given to the first retail purchaser of
the goods and is not assignable.
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BUYERS LIABILITY
23. Product/equipment is supplied only for the purpose for which it is
specifically designed and which is clearly defined in the appropriate
brochure or manual. We do not accept liability for damage or injury caused
as a result of the product/equipment being used for any other purpose.
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24. In view of the many factors outside our control in respect of
performance of equipment, the buyer is entirely responsible for the type of
product/equipment purchased and for the capacity of the product/equipment to
deal with the proposed application. We do not accept any liability for
incorrect calculations; incompatible designs or advice which may result in
the product/equipment supplied not being suitable for the purpose for which
it was purchased |
Most delivery vehicles used are
between 7.5ton and 15ton. We would ask
that for your own benefit you provide a good clear access to the property.
Cast products are extremely
heavy with some of our larger products (especially
radiators) weighing up to 120kg each. With this in mind it is necessary to
have personnel, (and or suitable equipment) at site on the day of delivery
who are experienced and able to safely handle these heavier items. 
Radiators, gutters and pipes are normally delivered on a 3 day courier
to reach you on or within 3 days of our advice of despatch. Hours of
delivery are between 8.00am and 5.00pm (a specified time cannot be
given). A signature will be required upon receipt of goods.
Small Items (Mainland England/Wales)
Delivery Days
Deliveries of larger items (ie. Gutters, pipes and radiators)will normally be palletised and sent on a 3 day carrier for the delivery to reach the site within 3 days from date of despatch.
We are able to offer Next Day Delivery for an additional charge (please contact our sales office for further details and charges).
Most cast iron items supplied by Tuscan are
supplied in a transit
primer finish (excluding “Cast” rooflight range which is powder coat
finish as standard). It is advisable to store all items pre-installation
and prior to final paint finishing in a dry environment.
When the items are
manufactured/assembled and
packed, our order despatch department
will call you to advise, and
items on our standard delivery schedule will normally be delivered within 3
days following the day of advice. 
Goods must be un-packed and checked
with the delivery driver present, and any shortages or damages must be noted
on the delivery drivers paperwork at the time of delivery. (No claims for
shortages or damages will be accepted if not noted on the delivery driver’s
paperwork).
