CONDITIONS OF SALE AND SUPPLY
- General All goods are supplied and installed on the following terms and conditions.
- Validity Unless previously withdrawn any tender or quotation is open for acceptance within thirty days only from the date hereof.All second-hand, reconditioned or rebuilt plant is offered subject to being unsold.
- Acceptance The acceptance of our tender must be accompanied by sufficient information to enable us to proceed with the order forthwith, otherwise we are to be at liberty to amend the tender prices to cover any increase in cost which has taken place after acceptance.
- Packing Unless otherwise specified in our tender, all crates, cases, drums or other containers will be charged for as quoted unless specifically quoted as "Returnable". "Returnable" containers must be returned to our Works at your expense and in good condition within 14 days, otherwise they will be charged for.
- Limits of Contract Our tender includes only such goods, accessories and work as are specified herein.
- Drawings, etc. All descriptive and forwarding specifications, drawings and particulars of weights and dimensions submitted with our tender are approximate only and where appropriate this tender or quotation is subject to adjustment when measurements are actually taken on site, and the descriptions and illustrations contained in our catalogues, price lists and other advertisement matter, are intended merely to present a general idea of the goods described therein, and none of these shall form part of the contract.
- Despatch The time given for despatch is to date from receipt by us of a written order to proceed, and of all the necessary information to enable us to put the work in hand we will use our best endeavours to despatch on the date given, but accept no liability for failure to do so. Should despatch be hindered or delayed by your instructions or lack of instructions, or by any cause whatsoever beyond our reasonable control, including strikes, lock-outs, war, fire, accidents, or defective material a reasonable extension of time shall be granted. In the event of the suspension of work by your instructions or lack of instructions, the contract price shall be increased to cover any extra expense thereby incurred by us.
- Delivery and Erection Unless otherwise specified, the price does not include free delivery, erection or assembly when delivery at any particular place in the United Kingdom is included in the price, you will be responsible for taking delivery and unloading at the place appointed for delivery, and for any demurrage or loss sustained through detention, or for the cost of any additional journey.
When erection or assembly is included in the price this allows only for the requisite supervision of erection or assembly, and unless otherwise stated, you shall provide suitable access to, and possession of the site proper foundations ready to receive the plant as and when delivered, adequate crane, lifting tackle and scaffolding, masons, joiners and builders work, suitable protection for the plant from time of delivery and all necessary facilities and adequate labour and assistance, to enable the work to be carried out expeditiously and continuously all of these to be supplied and operated at your expense and risk both in unloading, and erection and assembly.
Should we incur extra cost for erection or assembly owing to interruptions, delays, overtime, unusual hours, mistakes or work for which we are not responsible, such as extra cost as well as any cost incurred by any of our men being kept on the site after completion of erection, shall be added to the contract price and paid for accordingly.
- Prices Prices quoted are nett and not subject to discount or other deductions and are subject to alteration to the list price ruling at date of despatch.
- Terms of Payment Where no other terms of payment have been agreed, payment in respect of any of the goods shall be Nett Cash, without any deduction whatsoever, within 30 days of delivery or where the sale is ex Works, notification that the consignment is ready for delivery.
- Damage in Transit When the price quoted includes delivery, we will repair or replace, free of charge, goods damaged in transit to delivery point specified provided the carriers and ourselves receive written notification of such damage within three days of such delivery, but not otherwise.
- Guarantee In the case of goods of our own manufacture for a period of 12 calendar months, or 3000 operating hours, if attained in less than 12 months, and ancillary equipment by 6 months, from the date and time of delivery to the buyer’s premises. Our liability is limited to the replacement or repair of defective components the buyer bearing labour and transport costs. The guarantee becomes invalid if the installation of the equipment has been carried but other than in accordance with the installation plan provided, or if the operating instructions or maintenance procedures have not been fully observed. Normal wear and tear is not covered by this guarantee nor are the consequences of the use of hard or acidic feed water or of impure fuel or combustion air, or of alterations or repairs carried out by third parties.
It is the buyers responsibility to ensure that the rated steam output of the equipment purchased is sufficient for his need and no guarantee is given that steam demand in excess of the rated output arising, for example, from modifications to steam using equipment, or defects in the buyers steam and condensate system wilt be met. In no circumstances is liability accepted for any consequential loss, loss of profit, loss of revenue or damage arising from any defect or failure in goods supplied by us or work done by us. or for the cost of labour including detaching any defective part and re-incorporating the part after repair or replacement. This Guarantee shall be in substitution for all the conditions warranties and guarantees, which would otherwise be implied by Common Law or Otherwise.
- Performance Any statements made with regard to performance are based upon our experience and are for general guidance only, but our goods are employed in many trades in which expert knowledge is needed, and for many different purposes under varying conditions of climate, materials and labour. Accordingly, we shall be under no liability for failure to obtain the performance represented unless we have expressly guaranteed in writing such performance in any particular case.
- Insurance All your plant, machinery and labour must be insured by you after delivery and unless otherwise agreed to in writing.
- Arbitration If at any time question, dispute, or difference whatsoever shall arise between you and ourselves upon, in relation to, or in connection with the contract either of us may give to the other notice in writing of the existence of such question, dispute, or difference, and the same shall be referred to the arbitration of a person to be mutually agreed upon, or, failing agreement, of some person appointed by the President for the time being of the Institute of Mechanical Engineers. The submission shall be deemed to be submission to arbitration within the meaning of the Arbitration Act, 1950, or any statutory modification thereof.
- Legal Construction The contracts shall in all respects be construed and operate as an English contract and in conformity with English Law.
RESERVATION OF TITLE
Additions to Conditions of Sales and Supply
UNTIL full payment has been received by us for all goods supplied and all services rendered to you under this tender or quotation.
a) Property in the goods shall remain in us.
b) Should the goods (or any of them) be converted into a new product whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions the conversion shall be deemed to have been effected on our behalf and we shall have the full legal and beneficial ownership of the new products but without accepting any liability whatsoever in respect of such converted goods in relation to any third party and you hereby indemnify us in relation thereto.
c) Subject to (d) and (e) below you shall be at liberty to sell the goods and the new products referred to in (b) above in the ordinary course of business on the basis that the proceeds of sale shall belong to us to whom you shall account.
d) We may at any time revoke your power of sale by notice to you if you are in default in the payment of any sum whatsoever due to us in respect
e) of the goods or services rendered by us to you for any reason whatsoever or if we have bona fide doubts as to your solvency
f) Your power of sale shall automatically cease if a Receiver is appointed over any of your assets or your undertaking or a winding up order is made against you or you go into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or cause a meeting of or make any arrangement or composition with creditors or commits any act of bankruptcy or allows execution to be levied against your goods.
g) Upon determination of your power of sale under (d) or (e) above you shall place the goods and the new products at our disposal and we shall be entitled using such force as is reasonably necessary to enter upon any of your premises for the purpose of removing such goods and new product and to remove such goods and new products from the premises (including severance from the realty where necessary).