GENERAL

a) Quotations are issued and orders are accepted by the Company subject to the following terms and conditions and no variation waiver or addition thereto shall be binding except as agreed by both parties in writing. Any conditions in a Purchaser's order form or in any other document of the Purchaser shall be of no effect and excluded and shall not in any way bind the Company.

b) Quotations are offers open for acceptance within 28 days from issue and the Company reserves the right to withdraw or modify any quotation before acceptance and to amend any obvious error or omission after acceptance. All quotations are conditional upon the Company being satisfied in its absolute discretion with the Purchaser's credit worthiness and if following investigation the Company shall not be so satisfied it may withdraw any quotation even after acceptance. Acceptance of quotations must be in writing.

c) Any modification and/or variation to a contract to be effective must be forthwith confirmed by the Purchaser and approved by the Company in writing. The Purchaser's confirmation must show (where applicable) and refer especially to any agreed variation in price and the effect on the delivery period of the proposed modification and/or variation.

d) All liability for consequential loss whether arising from the delay in despatch, completion of erection, delivery, failure of goods to meet specification or performance, defects in manufacture or otherwise is hereby expressly excluded.

e) Nothing in these conditions shall exclude or restrict the Company's liability for death or personal injury resulting from the negligence of the Company's liability for death or personal injury resulting from the negligence of the Company and/or its servants or agents.

f) When products are supplied for use in conjunction with equipment and/or structures which are not supplied by the Company the Purchaser shall be solely responsible for ensuring that such equipment and/or structures are in ail respects suitable and adequate for the purpose and properly installed.

g) Any drawings or other technical data provided in connection with the contract shall remain in the custody of the Purchaser, who shall not divulge any details contained to any person without the approval of the Company. Such drawings or other technical data remain the property of the Company.

h) If there is in force (whether the same is introduced before or after a contract is entered into) Value Added Tax or other similar tax, the Company shall be entitled to add to the invoice price and to recover from the Purchaser the amount of such tax relative to the contract goods.

i) The consent of any Government, local or other authority, necessary to fulfil the execution of the contract, shall be obtained by the Purchaser.

j) Each and every contract entered into by the Company shall in all respects be construed and operate as an English contract and in conformity with English Law.

GUARANTEE

a) The Company undertakes at its option either to repair or to supply replacement parts for any defective parts in its products which may appear within 12 months of delivery provided that such defective parts are proved to have arisen from the use of faulty material or workmanship. All other conditions or warranties whether expressed or implied statutory or otherwise are hereby expressly excluded.

b) The Company's liability under the foregoing guarantee is conditional upon:
i) Prompt notice being given to the Company in writing of any defective part as aforesaid,
ii) The equipment having been maintained and serviced by competent engineers In a proper and satisfactory manner,
iii) The equipment having been used for the purpose for which it was supplied and not having been mishandled or modified in any way.
iv) There being no breach of any of the conditions of sale including those referring to terms of payment on the part of the Purchaser.

c) Any defective parts replaced become the sole property of the Company.

d) In the case of components not of the Company's manufacture, this guarantee is limited to such warranty or guarantee as is given by the makers thereof.

e) For the purposes of this guarantee, delivery is deemed to have been effected either when the goods arrive at the Purchaser's premises or 14 days after written notification has been given that the goods are ready for despatch, whichever is the earlier. In the case of contracts which include erection delivery is deemed to have been effected when the handing over certificate is signed or 28 days after the equipment has arrived at the Purchaser's premises whichever is the earlier.

SPECIFICATION AND PERFORMANCE

a) Unless otherwise stated any description and specification, drawing and particulars of dimensions and weights accompanying the quotations or contained in the Company's catalogues or other advertising matter shall be deemed to be approximate and shall not form part of the contract.

b) Any figures given for performance are based upon experience and are such as the Company expect to obtain on test. The Company will accept liability for failure to obtain such figures only if as a term of the Contract a specific guarantee has been given that such figures will be obtained and such liability of the Company shall be limited to and shall not exceed any monies already paid in respect of the portion of the contracted affected by such failure. The Purchaser shall assume sole responsibility for the capacity and performance of the goods being sufficient and suitable for his purpose.

DESPATCH AND COMPLETION OF ERECTION

a) Any time given for despatch shall extend from the date of confirmation of the purchaser’s written order provided that the Company then has all necessary information and drawings to enable it to put the work in hand. If such information and drawings are not then available such time will be calculated from the date of receipt and final agreement thereof.

b) The despatch date shall be reasonably extended in the case of variations to the contract, delay on the Purchaser’s part in issuing or failing to issue instructions, failure by the Purchaser to approve drawings submitted for that purpose within a reasonable time, or any cause whatever beyond the Company’s reasonable control included but not limited to, war, hostilities (whether declared or not), riot, civil commotion, strikes, lock-outs, labour disputes, epidemics, fire, accidents, breakdown, defective materials, lack of supplies of raw materials or components and non-delivery or late delivery by other manufacturers.

c) The Company will use its best endeavours to despatch on the agreed date (whether original or extended), but such date is intended as an estimate only and the Company shall not be liable to make good any damage or loss of any kind arising from delay in despatch whether arising directly or indirectly and whether consequential or otherwise.

d) When a date for completion of erection is given, then the foregoing provisions of this clause shall apply thereto as if the words ‘completion of erection’ were substituted therein for the word ‘despatch’ wherever the latter shall appear.

DELIVERY

a) Delivery shall be effected immediately the goods arrive at the Purchaser's premises and the Purchaser shall be responsible for unloading and except under contracts which include complete erection, for all risks arising on and after delivery.

b) Any damage or loss in transit must be notified to carriers and the Company within 3 days from the date of delivery otherwise claims cannot be entertained.

c) The Purchaser shall provide a safe and adequate road of access for delivery purposes.

d) Despatch instructions shall be given by the Purchaser to enable delivery to be made within 14 days of the date when the goods are advised as being ready for despatch. If delivery cannot be so made due to default on the part of the Purchaser, he shall forthwith arrange for removal or storage of the goods. If the Purchaser fails to make such arrangements, the Company shall at the cost of the Purchaser be entitled to have the goods removed and stored or alternatively, stored on the Company's premises and will take reasonable steps to prevent their deterioration until actual delivery.

e) Not withstanding delivery having been effected the property in the goods shall not pass to the Purchaser until the Company has received payment of at least 95% of the contract value.

ERECTION

Unless otherwise stated in the Company's quotation, prices do not include the cost of erection. When erection services form part of the contract the following additional conditions shall apply.

a) The Purchaser shall be responsible for providing suitable access to and unhindered possession of the site, a clear working area providing a flat and level surface for lay out purposes, a suitable power supply both for the operation of the equipment and for portable electric tools and also the provisions of slings and measuring instruments.

b) The Purchaser will be responsible for all building work including, but not limited to, foundations, brick-work, cutting away and making good and other work in the Purchaser's steel or concrete structures.

c) Unless otherwise stated, the price quoted for erection is based on the understanding that the work will be carried out continuously and during normal working hours. Any extra cost incurred by the Company due to suspension of work by Purchaser's instructions or lack of instructions, interruptions, delays, overtime or any other cause, for which the Company is not responsible shall be added to the contract price.

d) The Company shall be entitled to employ members of any of the signatory Trade Unions to the 'Mechanical Construction Engineering Agreement on any site work.

e) When erection has been completed, the Purchaser will be notified accordingly and will be asked to provide a witness to attend the commissioning of the equipment and to sign the handing-over certificate. In the event that the Purchaser does not provide such a witness the equipment will nevertheless be commissioned and if found satisfactory will be deemed to have been signed by the Purchaser. Erection is deemed to be complete if the equipment is fit for commercial use notwithstanding minor omissions or defects which do not materially affect such use.

f) The Purchaser shall indemnify the Company against all costs and claims arising from damage or injury to persons or property occurring during the course of erection, unless such damage or injury shall be proved to have been caused solely by the negligence of the Company, its servants or agents.

g) If the Company is responsible for only supervision of the erection, the Purchaser shall supply suitable labour and tackle to carry out erection of the equipment under the supervision of one of the Company's foreman erectors.

RETURNED GOODS

Only stock items are accepted returned. Such returns will be charged for handling at minimum 15% of price.

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