Unless otherwise stated a quotation is open for acceptance within a period of 30 days from the date thereof.
An order or the acceptance of a quotation must be accompanied by sufficient information to enable the Company to proceed with the order forthwith and thereafter any modification must be agreed in writing. When ordering goods the reference numbers should be quoted in all cases where such are given in the Company’s published literature. If a special quotation has been made, the quotation reference should be stated. All communications relating to orders should specify the number and date of order, description of the goods and catalogue reference number.
3. LIMITS OF CONTRACT
- A quotation includes only such goods and work as are specified therein.
- The customer shall not transfer his rights to any third party without the Company’s prior written consent.
- The Company will make every endeavour to execute all orders at prices ruling at the time of acceptance but reserves the right to alter prices to those ruling at the time of delivery in the event of any increase in the cost of materials, labour or transport or of any other increase in costs of any nature whether or not of the same nature as the foregoing.
4. ADDITIONAL EXPENSE
Should the Company incur additional expense not provided for in the quotation owing to any circumstances whatsoever for which the Company is not responsible, such additional expense and the cost involved in keeping any of the Company’s employees on the site after completion of installation, shall be added to the price quoted and be paid for by the Customer accordingly.
5. DRAWINGS AND TECHNICAL SPECIFICATIONS
All descriptive and technical specifications, drawing, catalogues, illustrations and particulars of weight and dimensions submitted with a quotation are approximate only and none of these shall form part of the contract. After receipt of any order adequate drawings will be supplied where necessary to enable the customer to prepare foundations and arrange for the supply of services. Drawings, and technical specifications supplied by the Company are confidential and the customer shall not communicate these or the contents thereof to third parties without the written consent of the Company.
The Company will use its best endeavours to dispatch or complete within the time stated, but shall not incur any liability for failure to do so.
- The Company reserves the right to charge for delivery.
- When delivery or collection of goods is made by the Company or carriers beyond the entrance to the Customers premises, the Customer shall accept all responsibility for and indemnify the Company against all damage to property or injury to persons occurring from whatsoever cause on such premises whether or not caused by the negligence of the Company or its servants or the carrier or his servants. It shall be the responsibility of the Customer to provide adequate labour for the loading and unloading of all goods at his premises.
8. LOSS OR DAMAGE IN TRANSIT
- No responsibility will be accepted for any discrepancy in the quantity of goods or damage thereto in transit unless notified to the company in writing within 3 days of delivery. Goods damaged during transit must be kept with the packing for inspection.
- The company should be notified forthwith if delivery is not effected within 7 days of the date of the invoice advice or despatch note. In the case of export the said periods shall be specified in the quotation.
9. FAILURE OF SUPPLIES
If for any reason whatsoever the Company fails to supply or deliver the Customer’s requirements the Customer shall not have any claim for damages against the Company.
10. TERMS OF PAYMENT OF PROPERTY AND APPROPRIATION OF PAYMENT
- Where no other terms of payment have been specified, the Company’s terms of payment are: 50% of total cost deposit required before templating / fabrication process begins; 30% required before delivery and 20% due on completion. Materials will only be ordered once the full 50% deposit has been received. No discount or allowance will be made unless specifically stated by the Company.
- Goods shall remain the property of the Company until the whole of the contract price has been paid but after delivery the Customer shall be responsible for and shall indemnify the Company against all loss of or damage to the goods from whatsoever cause occurring.
- The Company has the sole right of appropriation of payments which it can apply to any Contract made between it and the customer, including Contracts made subsequent to that for which payment is tendered, and there shall be no time limit upon the Company, in its execution of the right of appropriation.
- In the event of the Customer failing to comply with the Company’s terms of payment the Company reserves the right to discontinue forthwith the provision to the Customer of any further goods or services by way of installation or storage or otherwise.
- The Company shall have the right to demand the return of any goods supplied if the customer is in arrears with payment of sums due or a receiver or liquidator is appointed to the Customer business or if a winding up order is made or a meeting is called of, or an arrangement made with creditors, or if the Company has bona fide doubts as to the solvency of the customer.
- Upon a demand under clause 10(e) being made the customer shall immediately place the goods at the disposal of the company whose employees are authorised to enter the customers premises for the purpose of removing such goods.
11. RESTRICTION ON EXPORT
Goods shall not be exported from the country in which they were first delivered without the consent in writing of the Company which will not be unreasonably withheld.
If by reason of instructions or lack of instructions from the Customer despatch in accordance with the contract is delayed for 21 days after the Customer has been notified that the goods are ready for despatch the risk of loss of or damage to the goods shall pass to the Customer who shall take delivery thereof or arrange for their storage. For the purposes of Clause 10 (Terms of Payment) the goods shall thereupon be deemed to have been delivered. If and for so long as the Company’s storage facilities permit the Company may store the goods, and the Customer shall pay a reasonable charge therefore.
Where packing cased crates drums and other containers are charged extra, credit will be given in full if these are returned carriage paid and in good condition within 2 months. The Company shall be advised of the return of all empties and advice notes shall state the serial numbers of such empties.
14. REPLACEMENT AND SERVICES
- The Company’s liability in respect of goods supplied or for any loss, injury or damage attributable to any defect in or failure of such goods shall be limited to making good by replacement or repair at the option of the Company defects which under proper use appear therein within 12 calendar months (or such other period as may be specified) after the original goods shall have first been despatched by the Company which arise solely from faulty design, materials or workmanship provided that if the Company shall so require, all such defective goods shall be promptly returned to the Company’s works carriage paid. In lieu of the said right of repair or replacement the Company shall have the option to take back the said defective goods and refund the purchase price. When the Company accepts in writing the responsibility to repair or replace the goods or to refund the price, the Company will refund and pay all carriage costs. Provided further that, if the goods found to be defective during the aforesaid period of 12 months have been repaired or worked upon by any person other than the company then the Company’s obligations herein shall cease forthwith.
- In the case of goods not of the Company’s manufacture the Customer shall be entitled only to such benefits as the Company may have received under any guarantee given in respect thereof.
- Any figures for performance of the Company’s goods are based upon the Company’s experience and are such as the Company expects to obtain by proper use.
- The Company accepts responsibility for all technical advice given by its officers or servants and for which a charge is made. Technical advice made available to customers without charge is given with all reasonable care but without responsibility on the part of the Company. In the absence of any special arrangements to the contrary it is the Customer’s responsibility to ensure that the nature, capacity and performance of the goods ordered by him are sufficient and suitable for his purpose.
- The Company endeavours not to offer for sale goods which infringe known and valid patents but shall not be liable, and no claim shall be made against it by the Customer for any damage or loss of profit arising from any infringement of any patent or registered design or from any proceedings or threatened proceedings in respect of infringement of any patent or registered design by any use or sale of the goods the subject of the contract. Any condition or warranty implied under the Sale of Goods Act, 1893, or otherwise is limited accordingly or any statutory modification thereof.
- Where the Company provides advice to the Customer in matters of technique or supplies goods for carrying a technique into effect, the tendering of such advice or the supply of such goods carries no guarantee that such technique is free from patent restrictions nor can the Company accept liability arising from infringement or alleged infringement of patent as a result of the Customer following the advice tendered by the Company or using such goods.
16. STATUTORY OBLIGATIONS
The Company will offer every co-operation in observing safe working conditions but the responsibility for the observance of the requirements of the Factories Act, 1961 (and any amendment or re-enactment thereof) and all other obligations the performance of which are necessary to comply with the Law of the country where the goods are installed rests with the Customer who shall indemnify the said Act or by reason of non-compliance with any of the said obligations and against all costs and expenses arising from any such claim.
17. TERMINATION FOR BREACH BY CUSTOMER
If the Customer shall commit any breach of any term or contract for the sale and supply of the Company’s equipment and materials the Company shall have the right by notice in writing to terminate the contract at once notwithstanding any previous waiver of this right. The Company may by notice in writing cancel the contract forthwith if the Customer becomes bankrupt or makes any composition for the benefit of creditors or being a company goes into liquidation either voluntarily or compulsorily. Any termination or cancellation shall be without prejudice to any rights of either party arising prior to the date thereof.
Unless otherwise stated, installation is not included in the Company’s quotation but arrangements may be made at extra cost for the requisite skilled supervision of the installation or complete responsibility for the installation. In such cases the company shall allow the Company suitable access to and possession of the site and shall at its own expense provide proper foundation ready to receive equipment as and when delivered, adequate cranes, lifting tackle, scaffolding, labour and facilities required for unloading handling and installing the goods.
19. LABOUR USED IN CONNECTION WITH THE CONTRACT
Any person engaged at the point of delivery on work in connection with the Contract other than employees of the Company shall be deemed to be the servants or agents of the Customer.
20. INSPECTION AND TESTS
Any inspection of goods by the Customer or his representative shall be made at the Company’s works or where otherwise nominated by the Company. If special tests or tests in the presence of the Customer or his representatives are required these must be made at the Company’s works or where required by the company and will be charge for extra. In the event of any delay on the part of the Company or his representative in attending such tests, after having received seven days notice that the Company is ready. The tests may proceed and shall be deemed to have been made in the presence of the Customer or of his representative.
While the Company takes every precaution in the preparation of catalogues technical circulars price lists illustrations and other advertising matter these are an indication only of the type of goods offered and no particulars contained therein shall be binding on the Company.
22. EMPLOYEE’S LIABILITY
In making these Conditions the Company does so both for itself and for and on behalf of every employee servant or agent of the Company and the existence of a Contract shall be conclusive evidence of the agreement of the Customer that in the event of any loss or damage of any nature suffered by the Customer by reason of the negligence or default of any employee servant or agent of the Company any exemption of liability of the Company given by these Conditions shall extend to every such employee servant or agent.
23. LEGAL CONSTRUCTION
These Conditions and any contract following thereon shall be governed by and construed in accordance with English Law.
24. SPECIAL EXPORT CONDITIONS
In the case of export, the following conditions apply in lieu of or in addition to the appropriate conditions above as the case may be.
- Delivery and Payment
Terms for delivery and payment shall be as arranged with the Customer and in default of arrangements the price quoted is for delivery ex-works, payments to be made when goods are ready for collection at the Company’s works.
All packing case’s crates and all other containers except where otherwise stated are non-returnable.
- Import and Export Licences
The contract shall be subject to procurement by the Customer at his own expense of any import licence required for the import of the goods into the country to which the goods are to be despatched from the United Kingdom. The contract shall also be subject to the procurement by the Company at the customer’s expense of any export licence required for the export of the goods from the United Kingdom.