Terms & Conditions
The client - means the person who accepts a quotation of the company for the sale of goods or whose order for the goods is accepted by the company.
Goods -means the goods (including any instalment of the goods or any part of them) which the company is to supply in accordance with these conditions.
The company - refers to the company whose name appears at the heading of these conditions of sale (registered No: 4461889) set out in this document includes any special terms and conditions agreed in writing between the client and the company.
Contract - means the contract for purchase and sale of goods of the company.
Writing - includes telex, facsimile transmission and comparable means of communication.
Equipment - items of machinery requiring the services of the company.
The headings in these conditions are for convenience only and shall not affect the interpretation.
Quotations may be withdrawn at any time before receipt of customers acceptance and shall
Be deemed to be withdrawn if acceptance is not received with 30 days from the date of the quotation
2.Terms of payment
(a) Subject to any special terms agreed in writing between the client and the company, the company shall be entitled to invoice the client for the goods and services on or around the time after delivery.
(b)If the client fails to make any payment on the due date - this being on date of completion of work, 5 days after invoice date or if the client holds an account with the company, 28 days from invoice date, which ever at the company's discretion is applied. Then without prejudice to any right or remedy available to the company the company will be entitled to;
Cancel the contract or suspend deliveries to the client and/or charge the client interest both before and after any judgement on the amount outstanding from the date when payment becomes due at 3% per month above the Lloyds bank base rate shall be payable in respect of all sums outstanding. A part of the month being treated as a full month for the purpose of calculating interest. Time for payment shall be of the essence.
3.Price of goods
All charges quoted are subject to value added tax V.A.T will be added to all invoices at the rate applying at the appropriate tax point, and are based on costs prevailing at the time when they are given or agreed. We shall be entitled to adjust the price of the goods as at the time of delivery by such an amount as may be necessary to cover an increase sustained by the company. This may include travel time returning to site.
(a) The company will maintain the item described in the contract hereto (thereafter called the equipment) in a state of good working order by providing free service (labour only) whenever reasonably requested for the period of the contract from the date specified.
(b) The company liability shall not extend to cover service necessitated by accident, malicious damaged, misuse, neglect, lime scale, fluctuations in the supply of electricity or water, frost damage, interruptions to mains services, improper handling or operation of the equipment thereof, other than by the company.
(c) The company reserves the right to terminate this agreement upon obsolescence of any part.
(d) Should any item of equipment be moved to another location other than specified in the contract, this agreement must be returned to the company for endorsement. The company reserves the right to withhold service at the new location or to levy an appropriate additional charge.
(e) The client will maintain the equipment in a clean condition.
(f) The company will not accept liability for charges incurred by the client employing another contractor.
(g) All equipment defects should be notified to the company priory to the commencement of the contract.
(h) Any work that has to be completed on the machine to facilitate it to be in working order on the first visit before commencement of contract will be chargeable. (Note: No call out fee will be charged for this visit)
(i)The company reserves the right to terminate this agreement upon adolescence of any part.
5.Title & Risk
(a)The property in the goods shall not pass to the clients shall remain vested in the company until all sums owing from the client to us on whatsoever grounds shall have been paid. Such sums shall not be treated as paid until cheques, bills or other instruments of payment given to us by the client have been met or honoured in accordance with their terms.
(b)If the client shall default in the punctual payment of any of the sums due to the company we shall be entitled forthwith to repossess any goods which remain our property and the client shall for that purpose afford us access to and we shall be entitled to enter any premises in the occupation of the customer where the goods may be situated.
6 Warranties & Liability
(a) Any claim by the client, which is based on any defect in the quality or condition of the goods or their failure to correspond with specification, shall be notified to the seller within 14 days from the date of the service. If the client does not notify the company then the company shall not be entitled to reject the goods and the company shall have no liability for such defect or failure.
(b) Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the company in accordance with these conditions, the company shall be entitled to replace the goods free of charge or, at the companies discretion, refund to the client the price of the goods. The company shall then have no further liability to the
(c) Save as provided the company shall not be liable for loss of profits, business income, goodwill or other consequential loss or damage of what so ever description howsoever arising,
Every contract to which these conditions apply shall be construed and operate as an English contract and in accordance with English Law and all disputes shall be submitted to the jurisdiction of the English Courts. In the event of any of the provisions of this agreement are illegal or unenforceable for any reason such provisions shall be deemed to have been served from this agreement and the provisos hereof shall be construed as if such provisions had never been included herein.