| CONDITIONS OF SALE () |
| 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.
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| 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.
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