Terms & Conditions
1. ACCEPTANCE OF ORDERS.
All orders are subject to our acceptance in writing and our conditions of sale as detailed below shall be deemed to be incorporated therein to the exclusion of any terms inconsistent therewith in any order.
2. DRAWINGS, CATALOGUE DATA AND PRODUCT SELECTION.
Drawings and data in our catalogues must not be considered binding and are of guidance purpose only and subject to alteration without notice. Product
function, material compatibility, adequate ratings, proper installation, operation and maintenance are the responsibility of the system designer and user.
3.1 All price lists, quotations and discounts are, unless specifically stated to the contrary, subject to alteration at any time without notice and are exclusive of VAT and other taxes.
3.2 Unless previously withdrawn, quotations expire within 30 days of the date thereof.
3.3 Orders are accepted on condition that goods are invoiced at prices ruling at the date of despatch unless otherwise agreed by us in writing.
3.4 If the order is received with insufficient information, specifications, etc. to enable work to proceed forthwith the purchaser is held responsible for any increase in cost, and/or delivery time caused by the lack of such details.
3.5 Any alterations by the buyer in design, weight, quantities or specification and any suspension of work due to instructions will involve adjustment to the agreed or quoted prices and/or delivery if the price and/or delivery are affected thereby.
3.6 The right is reserved to amend any accidental errors and/or omissions on quotations or invoices.
3.7 If the order differs in quantity to that shown on the appropriate quotation, price and delivery may vary.
4.1 Estimated times of despatch are given in good faith, but are contingent upon availability of materials and labour effects of strikes, lockouts, breakdowns, accidents, fire, war, risks, and other causes beyond our control. We accept no contingent liability on account of delays in delivery. Each delivery is to be considered a separate transaction and the failure of any delivery shall not vitiate the contract. Lateness in delivery shall not entitle the customer to cancel the contract.
4.2 The Company will not recognise any claim relating to errors in despatch unless notified within two days of the date of despatch (in the event of non-delivery) or the date of delivery. Errors in invoicing must be notified within fourteen days of receipt.
5. WORKS TESTING.
Every fitting is examined/tested in accordance with the manufacturers standard procedures and supplied with their standard external and internal finish.
Unless specified to the contrary, any special test, painting or coating, whether at the Company’s work, on board vessel or on site of the installation
required by customer will be charged extra at cost.
6. GUARANTEE AND LIABILITY.
6.1 Should any goods supplied or any fitting prove defective with twelve months from the date of despatch when in use in the service for which it has been
specified to the company and used in the manner recommended by the company and/or manufacturer and has been properly maintained and serviced
in accordance with the company’s and/or the manufacturers requirements and advice, it will be repaired or replaced (at the choice of the Company)
free of additional charge providing it is returned to the Company’s work for examination. This guarantee does not extend to fitting charges but
merely to supply, despatch and carriage of the replacement part or parts or the repair costs whichever is applicable.
6.2 The Company will not in any circumstances be responsible for any claim for consequential loss or for labour or any expense, loss or damage arising from
late delivery or defect in goods or services supplied by the Company whether suffered by the Purchaser or any other party and this cause shall be construed subject to and in accordance with the provisions of the “Unfair Contract Terms Act 1977”.
Should delivery be hindered, whether directly or indirectly by Act of God, strike, lockout, faulty forging or casting or by any cause whatsoever over which
the Company has not complete control, the Company reserves the right to suspend delivery or cancel the contract, and shall not be liable for any loss or damage by and such cancellation or delay in delivery.
8. PACKING CASES.
Wherever practicable, goods are packed in non-returnable containers free of charge. When larger packing or wooden cases are required these will be charged extra.
9. TERMS OF PAYMENT.
For existing accounts terms are strictly 30 days from invoice date, or at the discretion of the Company. New accounts will be on a Proforma basis,
until agreed otherwise by the Company.
Prices are net, and no deduction or settlement discounts are allowed unless by special arrangement. We reserve the right to claim statutory interest
at the date the debt becomes overdue in accordance with the “Late Payment of Commercial Debts (Interest) Act 1998”.
Prices and quotations, unless advised otherwise, do not include documentation. All extra documentation, such as drawings and certificates will be charged
at extra cost.
11. MATERIAL RETURNS.
Goods returned without the Company’s consent will not be accepted for credit.
12. PROPERTY OF CUSTOMER.
Every care is taken to ensure the safety of the Customer’s property received by the Company in connection with any contract, but the Company does not
accept liability for any loss or damage to Customer’s property, which may be sustained by the Customer while the property is in the Company’s possession.
The performance figures quoted are related only to the design submitted. Performance figures achieved by individual items may, due to slight variation in
forging, casting and machining, differ from design performance given. The Company will not be held responsible for small deviations from design performance
Prices do not include carriage and will be charged extra.
15. RETENTION OF TITLE.
All goods remain the sole encumbered property of the Company until such time as the price of the goods and other invoice items in respect of carriage,
insurance, delivery etc. have been paid in full and such payment has cleared into the Company’s bank account. The Company reserve the rights (and the
Purchaser grants such rights) for the Company to repossess any goods supplied by the Company whether from the Purchaser’s premises, or elsewhere,
at any time following non-payment of monies due to the Company in respect of those goods without any notice being required by the Company and
without prejudice to the Company’s other legal remedies. The risk in goods supplied to the customer shall pass to the customer on delivery.
All contracts for sale of goods and services by the Company shall be governed by laws of England and the Company and the Purchaser agree to submit to the non-exclusive jurisdiction of the English Courts.
The foregoing conditions are in addition to and without prejudice to our rights at law as sellers.