Conditions
1.
Validity
Unless previously withdrawn, our Tender is open for acceptance
within the period stated therein, or when no period is so stated,
within thirty days only after its date.
2.
Orders
Every Order must be accompanied by sufficient information to enable
us to proceed with the same forthwith, otherwise we shall be at
liberty to amend the Tender prices to cover any increase in cost
which has taken place after the Order has been received. We reserve
the right to invoice catalogue items at the price ruling at the
date of dispatch. Any samples submitted to you and not returned
to our works within one month from the date of receipt shall be
paid by you. Prices stated will not apply to quantities less,
or delivery rates lower, than those specified in the Tender.
3.
Variations
No variations or cancellations of this Contract or any part hereof
shall take effect unless and until it has been agreed with the
Company and confirmed by the Company in writing. No relaxation
or waiver by the Company of any terms of the Contract on any occasion
shall affect our right to enforce any such term or terms on any
other occasion.
4.
Limits of the Contract
Our Tender includes only such goods, accessories and work as are
specified therein.
5.
Drawings etc
i) All specifications, drawings and particulars of weights and
dimensions submitted with our Tender are approximate only, and
the description and illustrations contained in our catalogue,
price lists and other advertising matter are intended merely to
present a general idea of the goods described therein, and none
of these shall form part of the Contract. ii) All specifications,
drawings and other documents prepared by us may not be used without
our consent in writing.
6.
Inspection and Tests
Our products are carefully inspected and, where practicable, submitted
to our standard tests at our works before despatch. If tests other
than those specified in our Tender or tests in the presence of
you or your representative are required, these will be charged
for. In the event of any delay on your part in attending such
tests after seven days' notice that we are ready, the test will
proceed in your absence and shall be deemed to have been made
in your presence.
7.
Performance
The Company shall be under no liability to the customer in respect
of loss of or defects in the goods supplied except as specified
in clause 13, nor, subject as aforesaid, shall the Company be
responsible for any injury to persons or property or damage or
loss of any kind attributable to defects in the goods, but the
customer will keep the Company indemnified against any such claim.
8.
Liability for Delay
Any time or date named by the Company for delivery or any time
or date named by the customer for delivery is and shall be deemed
to be given and intended as an estimate only and the Company shall
not be liable to make good any damage or loss whatsoever whether
arising directly or indirectly out of delay in delivery. Any delay
or suspension of working resulting from your instructions or lack
of instructions or any other cause on your part shall entitle
the Company to adjust the Contract price accordingly to meet any
additional costs incurred and any other loss or damage sustained
thereby.
9.
Packing and Carriage
Unless otherwise stated, the equipment prices quoted are net ex
works (exclusive of V.A.T.): packaging and carriage will be charged
for.
10.
Loss or Damage in Transit
When the price quoted includes delivery other than at our works,
we will repair or at our option replace free of charge goods lost
or damaged in transit, provided that we are given written notification
of such loss or damage within such time as will enable us to comply
with the carrier's conditions of carriage as affecting loss or
damage in transit or, where delivery is made by our own transport,
within 7 days of delivery. Loss in transit must be in any event
notified within 14 days of the invoice date.
11.
Terms of Payment
i) Unless otherwise agreed, the price shall be due and payable
in full thirty days from the date of our invoice. (All quotations
are exclusive of Valued Added Tax or any similar levies or duties
unless otherwise stated). Should default be made by the customer
in paying any sum due under any Order, as and when it becomes
due the Company shall have the right to suspend all further deliveries
as well as all work in hand on the Order in respect of which default
occurred, and any other Order until default be made good. The
Company shall have the right, in addition to any other remedies
they may have against the customer, to charge interest on all
principal sums due from the time when such sums become due until
payment at the rate of 8% above the current base rate of the Bank
of England per annum.
ii) The Company reserves the right to charge a £40 administrative
fee for pursuing late payments
12.
Storage
If we do not receive forwarding instructions sufficient to enable
us to dispatch the goods within 14 days after the date of notification
that they are ready for dispatch, you shall take delivery or arrange
for storage. If you do not take delivery or arrange for storage,
you shall be deemed to have taken delivery and we shall be entitled
to arrange storage either at our own works or elsewhere on your
behalf and all charges for storage, for insurance or the demurrage
shall be payable by you.
13.
Deficits After Delivery
(i) The Company's liability under this conditions shall be in
lieu of any express or implied warranty or condition statutory
or otherwise as to the quality or fitness for any particular purpose
of the goods or otherwise, and save as provided in this condition
the Company shall not be under any liability, whether in contract,
tort or otherwise, in respect of defects in goods delivered or
for any injury, damage or loss resulting from such defects or
from any work done in connection therewith, beyond the value of
the goods themselves.
(ii) The Company will make good, by repair or at its option by
the supply of a replacement, defects which under proper use appear
in any parts of the goods of the Company's manufacture within
the warranty period applying at the time of purchase after the
goods have been delivered and arise solely from faulty design
materials or workmanship. Provided always that defective parts
are dispatched by the customer free to the Company's works within
30 days of discovery of the defect, unless otherwise arranged.
The required or new parts will be delivered by the Company free
of charge, save as provided in clause 14. We shall not be liable
for any damage or injury occurring after our completion of work
on site.
14.
Ownership and Risk
i) Property in goods sold under this Contract shall not pass to
you until payment has been made in full of all sums due and payable
by you in respect of the goods or on any other account with us.
Until property passes you shall be a bailee of the goods and keep
them in your possession and control provided that you may deal
with them in the ordinary course of your business if the proceeds
in full (apportioned if necessary) of any sale, other disposition
or use thereof are held to our account.
ii) You grant to us an irrevocable right to enter your property
for the purpose of recovering the goods until such time as they
have been paid for in full.
iii) As from the time of delivery of the goods to you the risk
or loss or damage to the goods from any cause whatsoever shall
be borne by you.
15.
Arbitration
i) If at any time in question, dispute or difference whatsoever
shall arise between you and ourselves upon, in relation to, or
in connection with the Contract the Company may give to you notice
in writing of the existence of such questions, dispute, or difference
and the same shall be referred to the arbitration of the person
to be mutually agreed upon, or failing agreement within 14 days
of receipt of notice, of some person appointed by the President
for the time being of the Institute of Electrical Engineers.
ii) The Company is not obliged to refer any matter to arbitration
and may at its sole discretion bring proceedings in require that
any dispute is litigated in the Courts of England.
16.
Law
i) The Contract shall in all respects be construed and operate
as a contract made in England and it shall be governed by the
laws of England. ii) The parties agree to submit to and to be
bound by the exclusive jurisdiction of the English Courts.
Privacy
policy
Website
terms and conditions of use
Buying on-line
|
