Terms and conditions apply to any order accepted by the Company and can only be varied if such variation is agreed in writing by the Company.
2. ACCOUNTS AND PAYMENT
(i) Upon the receipt of satisfactory references accounts shall be opened at the discretion of the Company.
(ii) Goods shall be paid for by the last day of the month following the month in which the goods are despatched to the customer or he is notified that they are available for delivery.
(iii) The Company reserves the right to set a maximum amount of credit allowable upon each account and to withdraw credit facilities if any account exceeds said limit.
(iv) The Company reserves the right to withdraw credit facilities, for reasons without explanation.
(v) If the Customer shall fail to take delivery and to pay for the goods in accordance with these conditions then the Company shall be entitled forthwith to determine this Agreement by notice in writing to the Customer whereupon the Company shall be entitled forthwith to forfeit any deposit paid by the Customer but such right of forfeiture shall be without prejudice in all respects to all other rights and remedies available to the Company.
(vi) If the Customer shall fail to make payment on the due date then the Company may suspend further deliveries under this and/or other contract and if payment or any part thereof remains in arrear for seven days after the written demand therefore then the Company shall have the further right to cancel this and/or any such contract without prejudice for any claim for damages or any other claims which it may have against the Customer and without prejudice to all other rights of the Company hereunder.
3. PRICES AND QUOTATIONS
(i) Clerical and typing errors are subject to correction.
(ii) If after the date of the order the manufacturers or any concessionaire’s list price for any of the goods agreed to be sold shall be increased at any time or times before delivery to the Customer then the Company may give notice of any such increase or increases from time to time to the Customer and the price shall be deemed to be increased by the amount of such increase or increases. Provided that the Customer may within seven days after receipt of any such notice give a counter notice in writing to the Company that he declines to agree such increase in which case the Company shall have the option by notice in writing to the Customer to determine this Agreement and any payment made on account or deposit shall thereupon be returned to the Customer but without interest.
(iii) lf the amount or rate of Value Added Tax payable in respect of the sale hereby agreed shall increase or decrease between the date of acceptance of the order and the date of delivery then the price hereunder shall be increased or decreased by the amount of such fluctuation in the rate of Value Added Tax.
(a) Delivery shall take place at the address specified by the Customer in writing or in the absence of any such notification then at the Customer’s principal place of business.
(b) The Company will use its best endeavours to secure delivery on the estimated date of delivery but the time of delivery shall not be the essence of the agreement and late delivery shall not give rise to any claim whatsoever for diminution in the price or damages or otherwise and in particular the Company shall not be liable for any delay in delivery due to industrial disputes or other causes beyond their control.
(c) In the event of the manufacturers ceasing to make goods of the type agreed to be sold (whether the estimated date of delivery hereunder has arrived or not) the Company shall be at liberty to refund to the Customer any sums paid by him on account whether as a deposit or otherwise without interest and this Agreement shall thereupon cease and determine without any further liability on either side.
(d) The right to charge the Customer for all costs incurred on cancelled orders is reserved by the Company.
(e) Where the Company offers delivery to a site nominated by the Customer then its obligation shall be to deliver as near to the site as a safe hard road permits. The Customer shall provide free of charge any labour or machinery required for the purpose of unloading or stacking.
(f) The Company shall not be held liable for any damage or loss caused by its vehicles when delivering off the public highway.
5. DAMAGE AND SHORTAGES
(i) The Customer shall notify the Company within three days in writing of any damage or shortage to materials supplied except when they are supplied by another carrier or supplied direct from the manufacturers when their conditions shall apply.
(ii) A person duly authorised by the Customer shall be in attendance to receive goods being delivered and to sign a receipt and acknowledgement of delivery.
(iii) Where a Customer fails to comply with the terms of Clause 5 (ii) hereof then it shall be deemed that all goods shall have been received in good condition.
6. PASSING OT TITLE
(a) The property in the goods agreed to be sold shall not under any circumstances pass to the Customer until the purchaser shall have accepted and paid in full for them notwithstanding that in spite of the foregoing terms and conditions the goods may have been delivered to the Customer.
(b) The risk of any loss or damage to or deterioration of the goods from whatever cause arising shall be borne by the Customer from the time when the Customer takes delivery thereof.
(c) If the Customer shall not pay for the goods on the due date of payment then the Company shall be at liberty on its own account to sell or otherwise deal with or dispose of the said goods in such manner as it may deem fit without prejudice to any claim which the Company may have against the Customer for losses sustained by reason of the Customer’s default.
(d) The Company shall he entitled to all rights of access to the Customer’s premises to enforce its rights under this Agreement.
(e) In the event of the Customer reselling or otherwise disposing of the goods or any part thereof before the property therein has passed to him by virtue of the preceding clauses hereof then the Customer will until payment in full to the Company of the price of the goods hold in trust for the Company all his rights under such contract for resale or any other contract in pursuance of which the goods or any part thereof are disposed of or any contract by which the property comprising the goods or any part thereof is or is to be disposed of and any monies or other consideration received by him thereunder.
(a) The goods are sold with the following warranty only and all other terms conditions and warranties whatsoever whether expressed or implied by law or otherwise are hereby excluded.
(b) This warranty shall only apply to any part of the goods that consists of new equipment which has been purchased by the Company direct from the manufacturer or a concessionaire.
(c) The Company warrants that in the event of any defect become apparent in the goods which shall be notified in writing to the Company by the Customer within one year of the date of invoice and shall be found on examination by the Company to be due to defective material or workmanship then the Company will repair or replace any such defect free of charge provided always that the liability of the Company hereunder shall be limited to the amount of compensation which the Company itself is legally entitled to obtain from the manufacturer or manufacturers of the goods in respect of the said defect. Copies of the manufacturer’s relevant warranties terms and conditions are available on request.
(d) The Company shall be free to select the manufacturer or dealer or engineer who shall repair such defects at its cost but the Customer shall be responsible for the transportation of the goods or the defective part thereof to such place of repair and for the collection of the same after such repair or replacement.
(e) This warranty shall not apply to any defects caused by accident, fire, natural causes, wear and tear, unsuitable or abnormal use overloading beyond the gross maximum weight specified by the Company or the manufacturer inadequate or faulty servicing including insufficient lubrication, dirt, neglect or any other circumstances of whatsoever nature which are beyond the Company’s control and in the event of such goods being modified or seals or other settings made by the Company or the manufacturer on engine parts or otherwise being broken or other than the manufacturer’s original spare parts being fitted to the goods then the Company will assume no responsibility for defects which may be connected therewith or arise as a result thereof.
(f) This warranty shall not apply to failures resulting from unauthorised modifications, alterations or repairs or normal maintenance service adjustment or replacement and does not apply to any defects in accessories or any item which is covered by its own terms of warranty.
(g) The Company shall not be liable to the Customer for damages or loss of an incidental or consequential nature including loss of use.
(h) This warranty shall apply only whilst the goods are still owned by the Customer and cannot be transferred or assigned without written consent of the Company.
8. STOP LIST
If at any time the name of the Customer shall appear upon the stop list of any trade association concerning the goods hereby agreed to be sold then the Company shall be entitled upon giving notice in writing to the Customer to determine this agreement and any payment made on account shall thereupon be returned to the Customer.
9. The Company shall be under no liability in respect of any damage or loss to third parties caused directly or indirectly by the goods and the Customer shall at all times indemnify the Company against such loss or damage.
10. No condition is made or to be implied nor is any warranty given or to be implied that the goods are immune to chemicals or other substances likely to cause corrosion.
Any notice given by either party to the other may be served personally or be left at the last known place or business of the other party or may be sent by pre-paid post to such address and if sent by post such notice shall be deemed to have been received in due course of post.
12. PROPER LAW
This Agreement shall be subject in all respects to and shall be governed by and construed according to English Law.
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