|Terms and Conditions|
GENERAL CONDITIONS OF SALE REPAIR & INSTALLATION
1. Unless and so far as specifically agreed in writing to the contrary, these conditions shall apply to any order placed with compressorworld.co.uk ("the company")by any other party ("the Buyer" relating to goods or equipment manufactured or supplied by any other manufacturer or supplier ("the Supplier"). Any conditions of Purchase of the buyer shall not apply to the order including the repair and installation thereof whether expressly repudiated by the Company or not.
2. No orders submitted orally or by telegram, fax, cable or telephone shall commit or be binding on the Company unless confirmed by the Buyer in writing and accepted by the Company in writing. Oral instruction and promises given by the Company's employees or agents are subject to written confirmation by the Company.
3. Any data given by the Company are approximate. If the Company shall use marks or numbers for designating the order or parts order, no legal rights shall result therefrom.
4. Written quotations and estimates given by authorised employees or representatives of the Company shall be binding on the Company for a period of 30 days or such shorter period as shall be stated therein and thereafter subject, to variation without notice.
REPAIR & INSTALLATION:
5. (a) In the case of orders for repairs the Company is entitled to remedy also those faults which become evident during the actual repair. The Company is entitled to supply services exchange parts, partly or wholly in lieu of executing the repair. Parts replaced become the property of the Company.
(b) The Buyer at its own risk shall place at the disposal of the Company's Service Engineer such skilled and unskilled labour as the Company or its Service Engineer my deem necessary and the Buyer will be held responsible for any damage or loss occurring to Company's Service Engineer's property whilst is on site. The normal working week consists of five working days Monday to Thursday 8.00am to 4.30pm, Friday 8.00am to 3.30pm with half hour break for lunch. The Company's Service Engineer are informed that work outside normal hours must only be undertaken with the approval of the Buyer.Travelling time and expenses are charged at rates appropriate to the journeys undertaken, due allowances being made for journeys which serve more than one job. In the case of dispute the Company reserves the right to calculate these charges as if the journey were undertaken from the Company's works. If due to circumstances beyond the company's control the Service Engineer is unable to work a normal day the Company reserves the right to charge the Buyer full eight hours for that day. If due to sickness or accident the Service Engineer is unable to complete the workcovered by a Buyer's order the travelling expenses of a substitute will be charged to the Buyer. The Service Engineer is entitled to an out-allowance for each full day spent away from the Company's base. If due to lack of suitable accommodation,and his expenses exceed the out-allowance the Company shall charge the Buyer the actual expenses incurred in Lieu of the out-allowance.
(c) An estimate of costs will be submitted to the Buyer only on special request and after the Company has dismantled and examined the product concerned. Any such estimates and offers not confirmed in writing are not binding on the Company. Any expenses incurred by the Company in preparing an estimate are chargeable to the Buyer if the order to repair is not finally executed by the Company.
(d) Whereas the Company will comply to the best of its ability with Buyer's instructions concerning the time taken for the repair, it cannot be held responsible for inability to comply with such instructions.
(e) The Buyer will accept full responsibility for and will indemnify the Company against all loss of or damage to property and keep the Company fully indemnified against all claims and demands whatsoever for reparation or negligence and loss of or damage to property caused or alleged to be caused or arising out of or in consequence of the execution of the works the subject of these conditions. Further the Company shall not be held responsible for any damage or loss due to theft, burglary, fire, explosion, flood, strikes, riots, or force majeure, nor for damage or loss consequent on testing by driving vehicle on the highway nor during other test deemed necessary nor during transportation of goods being repaired.
(f) The Copyright for any drawings supplied to or for the Buyer remain with the Company. Plans required for sub-structures and directions are furnished by the Company free of cost but without engagement. The particulars required for them are to be furnished by the Buyer.
PRICES AND DELIVERY:
6. The company reserves the right to vary its prices in the event of any increase in raw materials or labour costs, cost of components or accessories or variations in Customs duty or other tax or levy or rate of exchange occurring within seven days be or at any time subsequent to the acceptance of any order.
7. Prices quoted are ex-works of other Supplier (depending on quotation). The prices payable are those applicable at the date of despatch unless specifically stated to the contrary in the Special Conditions of Sale.
8. The company is entitled to make partial deliveries and to invoice the Buyer accordingly. Payment of such invoices shall be due and payable on the same terms and in the same manner as applicable to an invoice for the full delivery.
9. Goods and equipment will be despatched by supplier's works. Unless otherwise stated by the Buyer and agreed in writing by the Company, the Company shall have the right to choose the method of despatch. All deliveries will be at the Buyer's sole risk from time of despatch. If special instructions are given the Buyer will reimburse the Company any cost of transport of goods in accordance there with.
10. The Buyer shall be responsible for the payment of any import surcharge or other tax, duty of levy which may now or hereafter be imposed affecting the subject of this order and for obtaining any import or other licences or permissions and complying with any Government or other official requirement.
TERMS OF PAYMENT:
11. Unless otherwise specifically agreed in writing by the Company payment shall be effected in £ Sterling without any deductions. The Company shall be entitled to despatch consignments C.O.D.
12. If the Buyer shall fail to make full payment on the due date, The buyer shall pay interest on the amount due until payment at the rate of 9% (per annum) over the Bank of England base lending rate current for the time being.
13. Any objection by the Buyer to the invoice must be notified in writing by the Buyer to the Company within 14 days after the date of invoice and any complaint or claim relating to the goods or equipment or otherwise arising out of the delivery of the consignment and be confirmed immediately in writing. If no such complaint or claim shall be received by the Company in accordance with these conditions then the consignment shall be deemed to be in all respects in accordance with the Contract.
14. (a) Except insofar as the goods and equipment the subject matter of the Contract and purchased for re sale, the property in such goods and equipment shall remain vested in the Company until payment of all claims by the Company against the Buyer in respect of such goods and equipment. In the case of goods and equipment purchased by re-sale, the property therein shall remain vested in the Company until conclusion of a legally binding contract for such re-sale or until payment is full as aforesaid.
(b) In the case of the goods and equipment purchased for resale then to the extent of the Buyer's indebtedness to the Company in respect of the goods the Buyer shall:-
(i) Hold the proceeds of sale or the right to receive the same on trust for the Company; and
(ii) Place the proceeds of the sale in a separate account of the Buyer in such a way as to be identifiable as in
the beneficial ownership of the Company; and
(iii) At the Company's request assign the right to receive the proceeds of sale to the Company.
In the event of the Buyer becoming sequestrated, granting a Trust Deed for Creditors, becoming apparently insolvent or suffering any distress on the execution to be levied against it or entering into any arrangement with its
creditors or (being an individual) becoming subject to the bankruptcy laws including the Bankruptcy (Scotland) Act 1985 or (being a Company) entering into liquidation then for the purposes of amalgamation or reconstruction or having a receiver appointed of the whole or any part of its assets, the Company without prejudices to its other rights under these conditions shall be entitled to enter upon any land or premises where the goods or any product embodying the goods may be for the time being, to detach the goods if so embodied and to recover possession of them.
(c) The Company is entitled to demand a secured charge over the Buyer's property or collateral security at any time and in respect of any order. No counterclaim by the Buyer on the Company may be deducted in settlement. In case of delay in payment or deterioration in the financial status of the Buyer after conclusion of the execution of the order all debts resulting from business transactions with the Buyer become due for immediate cash settlement. This also applies to any bill or cheques not duly met whether notice of dishonour has been given or not. Further the Company is entitled to demand payment in advance and may annul any contract after due notice has been given and claim damaged for consequences of non-observance of the terms of the contract by the Buyer.
15. Times or periods of delivery or completion of repairs or installation shall not be binding upon the Company unless they have been expressly confirmed in writing by the Company. Subject to such confirmation, the following terms will apply.
(a) Subject to the Buyer having provided the Company with all delivery information and details required and provided that all technical details relating to the goods or equipment shall have been supplied and accepted by the Company the delivery period shall begin with the conclusion of the Contract unless the Contract shall expressly provide to the contrary.
(b) The delivery period or date shall be extended:
(i) In case of delays caused by strikes, lock-outs or other industrial disputes or by damage to plant, delays in the supply of raw materials or components or other causes whatever beyond the direct control of the Company or any other supplier or sub-contractor, then the period of delivery shall be extended by such time as the Company shall reasonably consider necessary in the circumstances.
(ii) In case the Company shall fail to deliver within the Contract time in breach of the terms of the Contract and without just
cause the Buyer may claim from the Company as liquidated damages and not by way of penalty for each full week of the delay, up to 0.5% of such contract price. Such sum shall be accepted by the Buyer in full satisfaction of all claims against the Company in respect or arising out of delay in delivery.
(c) The delivery period shall be deemed to have been fulfilled if prior the expiration of such period or any extension thereof by agreement or under the provisions of these Conditions the goods or equipment shall have been despatched from the works of other supplier or if they or the Company shall have notified the Buyer that the same are ready and available for despatch.
(d) If the despatch of the goods or equipment is delayed for reasons beyond the control of the Company for more than one week from notification to the Buyer that they are ready and available for despatch, the Company may at their own discretion store the good or equipment at the cost and risk in all respects of the Buyer. In case the goods or equipment are warehoused at the works of the Company or other Supplier, a weekly storage charge of 0.5% of the contract price of the stored goods may be charged to the Buyer and pro rata for any period less than a week.
(e) If the Buyer shall fail to take delivery of the goods within 14 days after notification of readiness for despatch or after despatch thereof, the Company shall be entitled on giving the Buyer not less than 14 days notice in writing, to cancel the Contract and the Buyer shall be liable to pay the Company compensation for non-fulfillment of the Contract. In such event the Company shall be entitled to claim either:
(i) the actual damage sustained by the Company on proof of such damage or
(ii) estimated liquidated damages equal to 15% of the selling price of the goods or equipment of which the Buyer shall have failed to accept delivery and in this case, no further proof of damage shall be required.
16. (a) Subject as hereinafter provided, the Company will either repair in their workshops or replace ex-works or ex-stock, at the Company's option, any goods, equipment or parts as are proved to their reasonable satisfaction to have become unserviceable or defective owing to inferior materials or faulty design or workmanship.
(b) Any goods, equipment or parts required to be repaired or replaced shall be returned free of postage or freight either to the works of the Company or the works of other Suppliers, as the Company shall direct. Any parts replaced shall become the property of the Company.
(c) This Guarantee shall apply only to such defects as shall be reported to the Company in writing within three months after the date of delivery of the goods or equipment to the Buyer's premises or despatch from the premises of the Company or other Supplier as the case may where the goods or equipment are sold ex-works.
(d) No liability shall arise under this Guarantee if any parts other than genuine parts shall have been fitted into any goods or equipment supplied by the Company or other Supplier, unless the same shall have been fitted by the Company or other Supplier.
(e) In the case of any goods, equipment of parts not manufactured in the workshops of the Company or other Supplier, the Guarantee is limited to transfer to the Buyer of any claims which the Company and other Supplier may have against their Supplier.
(f) The Company guarantees the proper workmanship of repair and the period of guarantee is three months from the date of completion of the work or in the case of an engine after the engine has be in service five hundred hours if earlier. The guarantee is limited to free replacement or repair in the Company's workshop or that of the Company's Accredited Agents or any part which has become defective due to faulty construction or material and does not cover damage caused by misuse or by the fact that the machine has been used for some purpose other than that for which is was intended. No responsibility can be accepted nor can any replacement be considered by the Company if Seals
have been broken or removed by the Buyer. Whilst every care is taken in its workshop the Company cannot accept liability for consequential loss or damage.The guarantee claims can be considered only when raised immediately after the
alleged fault have become apparent.
(g) The foregoing provision are in addition to and in no way retract from the rights of the Buyer under the Sale of Goods Act 1893 and re-enacted by the Sale of Goods Act 1979, the Supply of Goods (Implied Terms) Act 1973 and the Unfair contract Terms Act 1977.
17. No claim shall be made by the Buyer whether under the Guarantee or otherwise howsoever if:
(a) The Buyer shall not have paid in full all invoices for the goods or equipment supplied by the Company, or
(b) The Company's representative are denied full and free right of access to the goods or equipment, or
(c) The Buyer permits any persons other than the Company or those approved or authorised by the Company to effect any replacement of parts or maintenance, adjustment or repairs to the goods or equipment, or
(d) The Buyer has not properly maintained the goods or equipment in accordance with instructions, pamphlets or directions given or issued by the Company from time to time.
(e) If any loss or damage shall be caused by reason of any fault or defect in the installation for which the Company has supplied goods, material or equipment.
TERMINATION OR FRUSTRATION OF CONTRACT
18. If the Buyer shall commit any breach of the Contract or become sequestered, grant a trust deed for Creditors, become apparently insolvent or suffer any distress or execution to be levied upon the property or assets of the Buyer or make any arrangements or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against the Buyer or if, being a Limited Company, any resolution or petition to wind up the Buyer's company or business shall be passed or presented (otherwise that for reconstruction or amalgamation only) or if a Receiver of the Buyer's undertaking, property or assets or any part thereof shall be appointed, the Company shall have the right forthwith to determime any order or part of an order then outstanding upon written notice of such determination being posted or delivered to the Buyer's last known address. On service of such notice any outstanding order shall be deemed to have been determined but without prejudice to any other claim or rights of the Company.
19. If the Buyer shall default in paying any sum due under the order as and when it shall become due the Company shall have the right either to suspend further deliveries until the default be made good or to cancel the order so far as any goods remain to be delivered thereunder.
20. In the event of war, invasion, act of foreign enemy (whether war has been declared or not), civil war, rebellion or military or usurped power of the Company shall be relived of all liabilities under the Contract to the extent to which fulfilment of such obligation is prevented, frustrated or impeded as a consequence of any such event or by any statute, rules, regulations, orders, or requisitions issued by any Government Department, Council or other duly constituted authority or by any other cause (whether or not of like nature) beyond the Company's control.
21. The company reserves the right to sub-contract the fulfilment of the order (including any installation) or any part thereof.
MODIFICATION AND RETURN OF PARTS:
22. The Company reserves the right to change, without notice, the specification of parts, part numbers, drawings, provided that no such alteration shall materially affect the quality or operation of the goods or equipment.
23. No parts which have been supplied to the Buyer in accordance with the Buyer's order shall be returned or surrendered for credit unless:
(a) The Company's prior written consent shall have been first obtained.
(b) The parts shall be returned at the cost of the Buyer in the same condition as they were in when despatched to the Buyer.
(c) The parts accompanied by the original or a photostat copy of the packing or advice note.
(d) Any handling or re-storage charge required by the Company is paid.
The Company shall be under no obligation to accept the parts or credit and any credit allowed by the Company shall in its absolute discretion.
24. The place of performance and venue for all claims concerning the sale including claims relating to documents and bills is Bolton and these conditions and the Contract shall be subject to and be construed in accordance with English Law which shall be deemed to be proper law of the contract.