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Please review our Terms and Conditions
PRICEThe price of goods and services shall be the Company’s quoted price or where no price has been quoted, or a quoted price is no longer valid, the price listed in the Company’s published Price List current at date of acceptance of order. All prices that are the subject of a quotation are valid for a period of 60 days from the date of quotation unless otherwise stated. The Company reserves the right to increase any price if cost of material and/or wages increase after acceptance of order and before delivery. In such event the Company will notify the customer of the increase in price, and the customer shall have the right to cancel the order providing the Company is notified of such cancellation in writing within 7 days from the date Company’s advice of price increase. Except as otherwise stated under the Terms of any quotation or of and price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are given by the Seller on an Ex Works basis and exclusive of packing, transport and insurance costs.
DELIVERYThe Company will use its best efforts to make delivery at the time and date specified but the time and date specified shall be deemed to be an estimate only and the Company shall not be held responsible for any loss direct or consequential as a result of delay in delivery or installation of equipment. If the Company is unable to deliver the whole or any part of the order due to reasons outside the Company’s control, the Company has the right to cancel or suspend the whole or part order. The delivery period quoted will commence from the date of receipt of an order. Where the Company undertakes delivery such shall be considered to have been made when the equipment or materials have been delivered to the customer’s premises, or site address as specified by the customer, or as otherwise stated by the Company. Where delivery to a site address has been made the Company will deem the delivery to be effected unless notice of non-arrival of goods is received from the customer or his site agent within 7 days of dispatch. Where a period is named for delivery and the period is not extended by the Company in writing or under the provisions of Clause 12 [a] and [b] hereof the Buyer shall take delivery within that period. If the Buyer fails to take delivery of the goods, or fails to give the Seller adequate delivery instructions at the time stated for delivery [otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault] then, without prejudice to any of the rights or remedy available to the Seller, the Seller may 1) Store the goods until actual delivery and charge the Buyer for the reasonable costs [including insurance] of storage, or 2) Sell the goods at the best price readily obtainable and [after deducting all reasonable storage and selling expenses] account to the Buyer for the excess over the price under the Contract, or charge the Buyer for any short fall below the price under the Contract.
INJURY OR DAMAGEThe customer shall indemnify the Company against all claims whether made under any contract or statute or under Common Law in respect of any loss or damage to any property whatsoever or injury to any person whatsoever arising out of any defect in material or workmanship in connection with any goods manufactured and/or sold by the Company, or any default or negligence on the part of the Company’s servants in connection with or during the carrying out of any work by the Company on Customer’s or any other persons’ property and against any liability whatsoever which may become due as a result of work done in accordance with the Buyer’s specifications which involves the infringement of any letters patent or registered design.
INSTALLATIONWhere the Company undertakes the installation and/or commissioning of the equipment or materials in the customer’s premises or site as specified by the customer, the Company shall not be responsible for any consequential loss by damage occurring as a result thereof nor for third party claims in connection therewith.
CARRIAGE, PACKING AND INSURANCECarriage, Packing and Insurance will be charged unless otherwise stated on the quotation. Carriage is normally by surface post or other accredited carriers, dependent on volume. Delivery, carriage, insurance and packing terms for export orders are as stated in writing in the quotations.
LOSS OR DAMAGEThe Company shall not be responsible for any loss or damage in transit and in such event the customer should notify the carriers and the Company in writing and lodge a claim in accordance with the carriers’ regulations. The Company shall not be liable for any loss or damage after the equipment has been delivered. Claims for alleged shortages can only be considered if made in writing within seven day so of delivery.
GUARANTEEa) No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that will be suitable for any particular purpose or for use under any specific conditions nor withstanding that such purpose or conditions may be know or be made known to the Seller. PROVIDED FURTHERvii) That in all cases where the Company replaces or repairs defective goods the Buyer will bear all labour costs of refitting the replacement or repaired goods.
ARBITRATIONThe Company and the customer shall endeavour to settle amicable between themselves any difficulties arising out of these conditions of sale but any difficulties that cannot be so resolved shall be settle in arbitration in London under English Law.
ACCEPTANCE OF QUOTATIONAcceptance of the Company‘s written quotation shall be taken as acceptance also of these terms and conditions of sale subject to any variation thereto agreed by the Company in writing.
SPECIFICATIONSAll prices quoted are for the supply of equipment or materials in accordance with the Company’s specification current at time of dispatch accept where otherwise stated in writing. The Buyer shall be responsible to the Seller for insuring the accuracy of the terms of any order [including any applicable specification] submitted by the Buyer, and for giving the Seller any necessary information relating to the goods within a sufficient time to enable the Seller to perform the Contract in accordance with its Terms.
CANCELLATIONOrders excepted by the Company cannot be cancelled except with the Company’s consent, and then only upon the terms would indemnify the Company against loss [including loss of profit], costs [including the cost of all labour and materials used] damages, charges and expense incurred by the Seller as a result of the cancellation.
BASIS OF THE SALEThe Seller shall sell and the Buyer shall purchase the goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or in accordance with any written order of the Buyer which is accepted by the Seller.
DEFINITIONSUnder the terms and conditions of the sale set out above;
TERMS OF PAYMENTSubject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the goods on or at any time any dispatch of the goods, unless the goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the goods are ready for collection or [as the case may be] the Seller has tendered delivery of the goods. The Buyer shall pay the price of the goods [without any deduction or deferment on account of any disputes or cross-claim whatsoever] within 30 days of the date of the Sellers invoice, not withstanding that delivery may not have taken place and the property of the goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the contract. Receipts for payment will be issued only upon request. |