Terms and conditions of sale
The following conditions shall apply to the sale, loan, hire or repair of goods supplied, repaired or serviced by xxx hereinafter called ‘The Company’. These conditions supersede any earlier conditions of The Company. No alteration nor addition to, nor exclusion of any part of these conditions shall be applicable unless agreed in writing by a director of The Company.
The word ‘Buyer’ shall include buyer, borrower, hirer, lesee owner or any other person who is in charge of goods. The word ‘goods’ shall include equipment including spare parts and other items supplied, serviced, repaired, loaned or hired by ‘the Company’
PRICES AND TERMS OF PAYMENT
Charges for goods or services supplied shall be paid for in full on or before delivery or completion unless the Buyer has an account with the company. Where the buyer has an account, payment shall be made by the end of the month following the month of invoice. If payment is delayed the Company reserves the right to charge interest on monies outstanding in accordance with ‘The Late Payment of Commercial Debts (Interest) Act 1998 and is entitled to charge a late payment administration fee of £40.00. The Company may close the Buyer’s account at any time.
DELIVERIES AND RETURNS
Any time named by the Company for delivery is an estimate only and whilst every effort will be made to meet any special delivery requirements the Company cannot be held liable for the consequences of any delay. Claims for damage in transit or shortages shall be made in writing within seven days of the despatch of the goods.
Ownership of all goods supplied by the Company shall remain with the Company until payment has been received in full. In case of resale our beneficial entitlement shall attach to the proceeds of the resale.
SPECIFICATION OF GOODS: DEFECTS
It is the responsibility of the Buyer to examine goods for defects in materials and/or workmanship which are likely to cause damage or injury and to ensure that the goods supplied are as required prior to removal of packaging. Illustrations, descriptions, weights and measurements are to be taken as a guide only and are not binding in detail. The Company reserves the right, without notice and without affecting the validity of the contract, to make such changes in materials, dimensions and design as are reasonable or desirable.
Where assembly of the goods is not undertaken by the Company, the party assembling the goods must follow the instructions supplied with the goods. Failure to do this will invalidate the Company’s liability for damage caused to or by the goods. The Buyer is responsible to ensure that the instructions have been obtained from the Company.
ADVICE, INFORMATION AND OPINION
Advice, information and opinion given by any employee or agent of the company is given without legal responsibility. Any recommendation or suggestion relating to the use of goods made by the company either in technical literature or in response to a specific enquiry is given in good faith, but it is for the Buyer to satisfy himself of the suitability of the goods for his particular purpose and he shall be deemed to have done so prior to ordering.
LIMIT OF LIABILITY
The Company shall not be liable for damage or injury caused by its goods or workmanship beyond replacement of the goods or work on verification of the Buyer’s complaint, when the goods are supplied to a territory outside of the UK. The liability of the Company shall not exceed in any event the liability which it would have incurred under the law. The Company shall not be liable for any consequential loss caused by its failure or delay in servicing, repairing or supplying equipment whether the loss arises from the actions or omissions of the Company, its employees, agents or sub-contractors.
Guarantees given shall not be applicable outside mainland UK unless expressly stated otherwise in writing by the Company. Any guarantee given will be invalidated if the goods are subject to misuse or accident after the buyer has taken delivery.
REMEMBER - WE ARE HERE TO HELP AND THE COMPANY WILL TAKE ALL REASONABLE STEPS TO ENSURE CUSTOMER SATISFACTION