The following are the terms and conditions under which our quotations are made, except where modified in writing by us:
All prices quoted are those ruling at the time of quotation. We reserve the right to charge prices ruling at the date of dispatch of equipment from factory door. In the case of imported goods, prices may not be inclusive of insurance, freight, handling charges and duty from country of origin to Sandy but are based on current foreign exchange rates, prices do not include levies or other taxes which may come into force at the time of landing. VAT will be charged at the rate in operation at the relevant tax point date. We reserve the right to adjust prices as necessary to cover any alterations in exchange rates between date of quotation and date of delivery.
Settlement terms for goods supplied under this quotation, and any duty or levy which may be chargeable are strictly net 30 days following date of invoice, failing which interest on the amount outstanding will be charged at the rate of 4% over MLR for the time being.
Cancellations of orders can only be accepted with our consent and on terms which indemnify us against loss.
Delivery dates are quoted without engagement, although every endeavour will be made to adhere to them, in no circumstances shall we be liable for delay in delivery arising from any cause beyond our control. Offers “ex-stock” are subject to the goods being unsold at the time of receipt of order. All delivery times are calculated from the date of acceptance of order or from the date upon which all outstanding technical details are resolved, whichever is the later.
5. Packing and delivery costs
Unless otherwise stated, prices quoted do not include delivery to the specified address within the UK, although every effort will be made to keep costs to a minimum. Except in the case of certain British equipment, cartons are not normally chargeable but special packing beyond makers’ cartons will be charged at cost, as will freight, insurance and shipping charges to destinations abroad.
Unless stated to the contrary, we undertake to implement manufacturers’ guarantees in accordance with their published statements.
We shall not be liable in any event for consequential loss or damage.
8. Damage or loss in transit
Claims for damages or shortages must be notified in writing to the carriers and to us within three days after delivery, otherwise the Company cannot accept responsibility for such damage or shortage. In the case of non-delivery, we must be notified within seven days of the date of dispatch as shown on our Invoice/Advice Note.
9. Force majeure
If the contract shall become impossible to perform in whole or in part by any means whatsoever outside our control, including war, invasion, act of foreign enemy, hostilities, civil war, rebellion, civil strife, force majeure, Government action, strikes and/or industrial dispute, we may rescind the contract price proportionate to the work done by us towards performance of the contract up to the date of such cancellation calculated on cost plus overheads basis.
10. Passing of risk and title
- The risk in the goods shall pass to the buyer upon delivery of the goods at the buyer’s trade premises. Where the buyer agrees to take delivery elsewhere than at the buyer’s trade premises risk in the goods shall pass when the goods are delivered in accordance with the buyer’s instructions. For the avoidance of doubt delivery shall be completed when the goods are unloaded from the seller’s delivery vehicle.
- Until payment in full of the price of the goods and of all other sums payable to the seller by the buyer:
- The property in the goods shall remain in the seller.
- The buyer shall store and keep the goods as bailee for the seller in such manner that they can clearly be identified as being the property of the seller.
- Pending the passing of the property the buyer is authorised to deal in the goods upon condition that any proceeds of sale of the goods or the portion thereof attributable to the goods shall belong to the seller and shall be kept in a separate account.
- The buyer hereby grants to the seller an irrevocable licence to enter upon any premises of the buyer for the purpose of repossessing goods.
If the purchaser shall become bankrupt or insolvent, or compounds with his creditors or being a limited company commences to be wound up or suffers a receiver to be appointed or being a Public Company, ceases to have its share quoted on the Stock Exchange, we shall be at liberty to treat the contract as repudiated and be relieved of further performances and this shall be without prejudice to our right to claim for damages for breach of contract.
If at any time any question, dispute or difference whatsoever shall arise between us and the Purchaser upon, in relation to, or in connection with the contract, either party may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to the arbitration of a single arbitrator to be mutually agreed upon, or failing agreement within 30 days of the receipt of such a notice of some person appointed by the President for the time being of the Institution of Electrical Engineers, London.
13. Legal construction
The rights and obligations of the parties arising under this contract shall be determined and the terms and conditions thereof be construed according to English Law.