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Overriding
Provisions
These
conditions apply to all present and future orders and/or contracts for
the sale of goods by the Company to be the exclusion of any terms and
conditions stipulated by the Purchaser or any other agreement. These
conditions, the sales order and invoice constitutes the entire agreement
between the Company and the Purchaser for the sale of goods. The company's
employees or agents are not authorised to make any representation concerning
the goods unless confirmed by the company in writing. The purchaser
acknowledges that it does not rely upon and waives any claim for breach
of any representation, which is not so confirmed. The Conditions may
not be varied other than in writing by a Director of the Company. Quotations
are not offers by the Company but only invitations to treat. Quotations
are valid for 14 days only. The Company reserves the right at its discretion
to sub contract any part of work or the supply of any of the goods.
Price
and Payment
The price is exclusive of delivery and VAT. If the Purchaser does not
adhere to agreed call offs the Company reserves the right to amend the
price of the goods delivered in accordance with the quantities delivered.
The Company reserves the right at any time before delivery to adjust
the price to take account of any increase in the cost to it of materials.
Liability for payment arises upon delivery. Where credit terms have
been agreed payment is due 30 days after the date of the invoice. The
company may at its absolute discretion withdraw credit facilities and
upon notification of such withdrawal to the Purchaser payment for goods
delivered will become immediately due.
Delivery
Delivery will be to the address nominated by the Purchaser in its order.
Risk will pass to the Purchaser upon delivery. Any time or date given
by the Company for delivery is intended as an estimate only and the
Company shall not be liable for failure to deliver within the time quoted.
In the event of the Purchaser failing to accept delivery of the goods
ordered at the agreed time and place the Purchaser shall pay any re-delivery
charges thereby incurred. The Company will at its option replace or
credit goods proved to its satisfaction to have been lost or damaged
in transit provided that the Purchaser notifies the Company of any claim
for lost goods within 7 days of the date of the invoice and of any claim
for damaged goods within 48 hours of delivery.
Title
Title will pass to the Purchaser only when payment in full has been
made for the goods. Until such payment title remains in the Company
and the purchaser shall hold the goods as the bailee of the Company.
During the period before title passes to the Purchaser the Purchaser:
i. May use or resell (at full market value) the goods in the ordinary
course of business and shall hold the proceeds of such sales as a trustee
for the Company in a separate bank account in the Company's name.
ii. Shall securely store, insure and keep the goods separate and clearly
identified as the Company's property.
iii. If the Purchaser defaults on payment or is otherwise in breach
of its obligations to the Company, the Company shall be entitled to
repossess the goods for which purposes the Purchaser hereby authorises
the Company and its agents to enter any premises for the purposes of
taking possession of such goods.
Warranty
and Liability
Subject to the conditions set out below the Company warrant that goods
will correspond with their specification at the time of delivery and
will be free from defects in materials and workmanship for a period
of twelve months (wearing parts are excluded). In addition the Company
will pass on the Purchaser the benefit of any greater manufacturers
warranty (to the extent that such warranty is assignable). The above
warranty is given by the Company subject to the following conditions:-
i. The Company shall be under no liability in respect of any defect
arising from fair wear and tear, willful damage, negligence, abnormal
working conditions, failure to follow manufacturers instructions, mis-use
or alteration or repair of the goods without the Company's approval;
ii. The Company shall be under no liability under the above warranty
(or any other warranty condition or guarantee) if the total price for
goods has not been paid by the due date for payment;
iii. In the event of a claim for breach of warranty the Company shall
be entitled to repair or replace the goods (or the part in question)
or, at the Company's sole discretion, refund to the Purchaser the price
of the goods (or proportionate part of the price), but the Company shall
have no further liability to the Purchaser. The Purchaser acknowledges
that the value of the goods may fluctuate after the date of delivery
and any refund or credit note awarded by the Company in respect of the
goods shall be made at the Company's sale price at the date of the return
of the goods.
Additionally the Company is willing to provide on site maintenance and
support services for the repair of machines built by it. The Purchaser
is recommended to arrange accordingly. Details of such services are
available upon request. These conditions do not limit the Company's
liability in respect of death or personal injury arising out of negligence
nor in the case of a consumer sale shall they affect the statutory rights
of the Purchaser. The Purchaser accepts that the limitations and exclusions
set out in these Conditions are reasonable and acknowledges that the
contract having been freely and openly negotiated in the knowledge that
the Company's liability is to be limited in accordance with these Conditions
and that a higher price would be payable but for these limitations.
These conditions expressly set out the Company's entire liability in
respect of the goods sold. The Company's liability in respect of goods
sold shall be limited to the cost of the goods and the Company shall
not be liable for any loss or damage of whatsoever nature or to whomsoever
caused or arising out of the use of the goods supplied by it. The Purchaser
shall indemnify the Company against the consequences of all claims made
against the Company by any third party in respect of defective goods
supplied by the company to the Purchaser in so far as any such claim
exceeds that which the Purchaser could successfully claimed against
the Company. The Company reserves the right to make improvements, substitutions
or modifications to any part of the goods at any time provided that
such substitutions or modifications will not materially affect the performance
of the goods. The Purchaser further agrees that in the event of goods
not being readily available the Company may substitute therefore the
latest equivalent goods, which are readily available.
Force
Majeure
The Company shall not be liable in respect of any shortage or failure
to supply goods where such shortage of or failure is due to act of god
or any other reason beyond the control of the Company and the Company
in such circumstances will not be liable in respect of any consequential
loss to the Purchaser.
Notice
Any notice required or permitted to be given by either party to the
other under these conditions shall be in writing and sent by post or
fax to its principle place of business or registered office.
Waiver
Any indulgence granted by the Company to the Purchaser or any waiver
by the Company of its rights under these conditions in respect of any
particular transaction or series of transaction shall not be deemed
an agreement to confer the same indulgence or waiver of the Company's
right in respect of any further transaction(s).
Law
These Conditions shall be governed by law of England.
Age
Only people over the age of 18 are allowed to place orders on this website.
Delivery
The delivery charge indicator is for deliveries within mainland UK only.
Deliveries outside this area will be negotiated.
Data
Protection Act
You accept that we may use a credit reference agency and any information
you provide may be used for marketing purposes.
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