All contracts arising out of acceptance by us of orders placed with us are subject to the following Terms and Conditions and no variations or modifications of or substitution for such Terms and Conditions shall be binding unless expressly agreed by us in writing. In particular orders submitted on customers’ own purchase order forms will be accepted by us only upon condition and with the express understanding that our liabilities shall be determined solely by these Terms and Conditions and in accepting and performing such an order we shall be deemed not to have in any way altered or enlarged our liabilities or obligations as fixed by these Terms and Conditions.
2. PRICES AND SPECIFICATIONS
We reserve the right to alter any prices or the specifications, types or models of goods at any time and all goods are sold subject to prices and conditions ruling at the time of delivery. We shall not construe the entering of an order and its acknowledgement by us as an acceptance by us of such order at any particular price. The prices of goods are in respect of delivery ex-works unless otherwise expressly stated.
3. IMPORT LICENCES
The customer will be responsible for obtaining any import licences and complying with all regulations governing admission of the goods into the country of destination and for payment of all custom duties, port dues and other charges.
4. DELIVERY DATES
Any delivery dates given by us are approximate only and no liability can be accepted for any loss injury damage or expenses consequent upon any delay in delivery from any cause whatsoever nor shall any delay entitle the customer to cancel any order or to refuse to accept delivery.
5. RETURNED GOODS
We are under no obligation to accept the return of goods supplied to customers’ orders. Where such goods are accepted for return, we reserve the right to make a handling charge at our sole discretion.
We reserve the right to make cancellation charges for any orders cancelled prior to delivery. Where goods have been ordered to customers’ individual specifications, the cancellation charge may be substantial.
Where goods are sold packed the extent of packing and/or protection will be at our discretion unless the customer stipulates special packing, in which case such packing will be charged extra.
8. FORCE MAJEURE
Should we be delayed in or prevented from making delivery owing to Act of God war civil disturbance requisitioning governmental or parliamentary restrictions prohibition or enactment of any kind import or export regulations strike lockout trade dispute difficulty in obtaining workmen or materials breakdown of machinery fire accident or any other cause whatsoever beyond our control we shall be at liberty to cancel or suspend the contract without incurring any liability for any loss or damage resulting therefrom.
9. DATA AND ENGINEERING SERVICES
We furnish upon request data and engineering services relating to the application or use of products supplied by us. We will not be responsible and do not assume any liability whatsoever for damages of any kind sustained either directly or indirectly by any person in or through the adoption or use of such data or engineering services in whole or in part.
Unless otherwise specifically agreed, payment must be made in full by the customer before any goods are despatched or the customer must open an irrevocable Letter of Credit to which must be added confirmation of a London Bank to be nominated by us.
Unless otherwise expressly agreed in writing by us the property in the goods supplied by us shall not pass to the customer until full payment of the purchase price has been made but the risk shall pass to the customer when we deliver the goods to the customer or to a carrier or other bailee for the purpose of transmission to the customer. The benefit and/or proceeds of any dealings by the customer with or incorporating goods to the above reservation of title shall be held in trust for us.
Any contract arising out of a quotation by us shall in all respects be construed according to and be governed by English law and the customer agrees to submit to the exclusive jurisdiction of the English courts in any dispute or difference of any kind which may arise concerning the contract.
We warrant that all new equipment sold by us is free from defects in material or workmanship. Our liability under this warranty is limited to making good any part or parts which shall within one year from the date when the equipment was delivered new to the customer be returned to us and which we are satisfied on our examination to have been defective in material or workmanship. Included in this warranty are the costs of labour incurred by us in making good such part or parts.
This warranty is given on condition that:
a) we are notified in writing within fourteen days after such defects appear and the equipment or defective parts are returned to as soon as reasonably practical or where this is not practical made available for inspection by us.
b) the equipment has in our judgement been correctly installed and normally used in accordance with the instructions provided for its installation operation and maintenance.
c) unless performance figures and performance tolerances have been stipulated by the purchaser and agreed by us at the time of ordering the equipment we shall be under no liability in the absence of any defect in material or workmanship for failure to obtain any particular performance.
d) if the equipment has in our judgement been altered taken apart repaired tampered with neglected damaged or used in any way so as adversely to affect its performance or condition we shall not be liable for any fault arising from its use.
e) we shall not be liable for faults arising from the use of any spare or replacement parts not authorised or recommended by us.
f) any equipment or defective part replaced by us shall become our property.
g) the decision whether to repair or replace a defective part under warranty claim shall be at our discretion.
h) excluded from this warranty are any parts which need replacement due to normal wear and tear.
i) carriage to our works of any equipment or parts returned to us under a warranty claim shall be the responsibility of and at the expense of the claimant.
j) we accept no responsibility for loss or damage howsoever occasioned to customers’ goods whilst such goods are in transit to or from ourselves or in the possession of or in transit to or from our agents.
k) we give no warranty in respect of equipment supplied by us except the foregoing warranty and without prejudice to the generality of the foregoing we shall be under no liability whether in contract or otherwise in respect of any defects in the goods or from any injury loss or damage resulting from such defects or from any work done in connection therewith and we shall not in any circumstances be liable for any consequential loss or damage suffered including any loss of use loss of contract or loss of profits. Our liability shall in no case exceed the value of goods in relation to which the claim is made
l) the purchaser acknowledges that the equipment is sold to him in consideration of payment of the price and of the undertaking of the part of the purchaser to
- observe all prudent trade practices in relation to installation and user so that the equipment is not used when it is in an unsafe condition for whatsoever reason
- ensure in so far as the equipment is incorporated into other equipment that such other equipment is in good working order and that such incorporation is in accordance with what the manufacturer would require
- ensure that users of the equipment are adequately informed of their duties in relation to use of the equipment
- observe the Health and Safety at Work legislation as amended from time to time in relation to the equipment supplied
so that we shall not be liable in any respect as a result of the purchaser’s failure to observe the conditions a) to d) set out above
The foregoing warranty is given without prejudice to purchasers’ statutory rights
14. EUROPEAN DISTANCE-SELLING DIRECTIVE (DSD) 97/7/EC
Customers who buy from us by means defined in the DSD as 'distance selling' and who are private individuals as defined by the DSD are entitled within 7 working days of receipt of goods and without reason to cancel their order and to be refunded the price they have paid. Customers must return the goods at their expense, and the goods must arrive at our premises in as-new condition and in their original packaging.
This right to cancel does not apply to products manufactured to special order and identified as such by us to the customer at the time of ordering.