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1.
GENERAL:
These Conditions shall cover any sale of goods or services by
the Company to the exclusion of any other terms except as are
approved in writing by a Director of the Company in the
Company’s behalf.
2. QUOTATIONS AND ACCEPTANCES:
No estimate or quotation given by the Company constitutes an
offer. The Contract is made only when the Company accepts an
offer or order made by the customer. Any quotation is open for
acceptance within thirty (30) days only (unless otherwise
stated).
3. PRICE:
The Company reserves the right to vary prices (whether
specifically quoted or otherwise) to take into account increases
in the cost of raw materials, manufacture, packing, transport,
wages or variations in exchange rate, arising before delivery.
Typographical and clerical errors on quotations are subject to
correction.
4. TIME FOR DELIVERY:
The Company will make every effort to meet the required delivery
date but will not be responsible for delays due to bad weather,
accident, epidemic, war or civil commotion, materials or
components not being readily available, labour disputes or
shortages, defective machinery, act of God or any other cause
not within the control of the Company.
5. PAYMENT:
The Company’s terms of payment are stated on the quotation. The
Company reserves the right to charge interest on any overdue
amount at the rate of 1.5% above Bank of England minimum lending
rate per annum.
6. PLACE OF DELIVERY:
If no place is named in the Contract for the delivery of goods,
the place of delivery shall be the Company’s works.
7. PASSING OF TITLE:
The risk in the goods shall pass to the customer seven days from
receipt of notice from the Company of its readiness to delivery
or on actual delivery (whichever is the earlier). The title in
the goods shall pass to the customer only when payment in full
has been effected.
8. PERFORMANCE:
No condition is made or to be implied not is any warranty given
or implied as to the life or wear of the goods supplied or
services rendered or that they will be suitable for any
particular purpose or for use under any specific conditions,
notwithstanding that such a purpose or conditions may be known
or made known to the Company. However, the benefit of any
warranty given to the Company by the manufacturers of goods
supplied by the Company shall be passed by the Company to the
customer.
9. DRAWINGS:
All specifications, drawings and particulars of weights and
dimensions supplied by the Company are approximate and for
general descriptive purposes only. The property in such
documents however remains in the Company and should not be
reproduced in whole or in part without the Company’s prior
written consent.
10. PATENTS:
The customer shall indemnify the Company against all damages,
penalties, costs and expenses to which the Company shall become
liable as a result of work done in accordance with the
customer’s specification which involves the infringement of any
Letters Patent registered design or trademark.
11. DEFECTS:
Where any goods supplied or services rendered by the Company are
alleged by the customer to be defective or unsatisfactory, they
shall not form the subject of any claim for work done by or on
behalf of the customer or for any loss, damage or expense
whatsoever arising directly or indirectly from such defects from
unsatisfactory work but such goods (or in the case of services
rendered the goods to which they relate) if returned to the
Company’s discretion be either repaired or replaced by the
company or credit for the price thereof will be given to the
customer by the Company.
12. DEFAULT:
If the customer shall make default in or commit a breach of
Contract on any of its obligations to the Company or if any
distress or execution shall be levied upon the customer’s
property or assets or if the customer shall make or offer to
make any arrangement 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 customer or if
the customer is a Limited Company and any resolution or petition
to wind up such company’s business (other than for the purpose
of amalgamation or reconstruction) shall be passed or presented
or if a Receiver of such company’s undertaking property or
assets or any part thereof shall be appointed the Company shall
have the right forthwith to determine any Contract then
subsisting Contract shall be deemed to have been determined
without prejudice to any claim or right the Company may
otherwise make or exercise.
13. ACCEPTANCE OF GOODS:
The customer shall be deemed to have accepted the goods or
services as being in strict accordance with the specific
requirements of the customer unless within seven (7) days from
the receipt of the goods or services he shall notify the Company
that such goods or services are not in accordance therewith.
14. RETENTION AND RECOVERY:
The Company shall have the right to retain any goods in the
possession of itself or its agents and a particular lien over
such goods in order to secure the payment of any monies due to
it in respect of those goods from the customer or from the owner
or the consignee thereof. If the customer takes delivery of any
goods supplied to it by the Company before making full payment
of the price, the Company shall be entitled to repossess the
goods immediately upon the customer committing any act of
insolvency or other act which would entitle the Company to
determine the Contract under Clause 12 above. For the purpose of
repossession, the Company’s agents may enter upon any premises
where the goods are situated. If any monies due to the Company
as aforesaid are not paid within twenty one (21) days after
repossession or as the case may be after notice has been given
to the customer, the owner or the consignee from whom such
monies are due, that the goods are being retained, the goods may
be sold at the absolute discretion of the Company and the
proceeds of sale thereof shall be applied in or towards the
satisfaction of such indebtedness the expenses of the sale and
the payment of reasonable charges for the care and custody of
the goods for the period after the rights of retention, lien or
repossession were exercised
15. ARBITRATION:
In the event of a disagreement or dispute arising between the
Company and the customer, either of them, by notice in writing
to the other, require the disagreement or dispute to be referred
to the decision of any agreed Arbitrator cannot be agreed by
both parties within fourteen (14) days of the date when such
notice is delivered by an Arbitrator appointed by the President
for the time being of the Institute of Mechanical Engineers. In
giving his decision, the Arbitrator will not be acting as
expert, his decision will be accepted by both parties as final
and his costs and expenses shall be borne at the Arbitrator’s
absolute discretion by the customer or Company or both of them
as he sees fit.
16. LAW:
These Conditions in this Contract shall be subject to and
construed in accordance with the Laws of England.
17. DRAWINGS:
All drawings and designs provided by The Company during
quotations and prior to order placement to the Buyer are the
property of Bioenergy Technology Ltd (BTL) and are supplied in
confidence. In the event that such designs are given or shown to
third parties, then the Buyer will be invoiced for Engineering
Design at the appropriate rate. All specifications, drawings and
particulars of weights and dimensions supplied by The Company
are approximate and for general descriptive purposes only. The
property of such documents however remains in The Company and
should not be reproduced in whole or in part without The
Company’s prior written consent.
18. ORDER CONFIRMATION:
In the event that an order is cancelled, the buyer shall be
responsible for all direct costs incurred by The Company plus an
administration fee comprising 20% of the order value. If the
goods are already delivered the buyer will be responsible for
ensuring that the goods are returned in the condition despatched
and also for any costs or charges incurred in returning the
goods to The Company’s premises.
19. VARAITIONS:
No variations of the conditions shall be affective unless made
in writing and signed by an authorised representative of The
Company.
20. WARRANTY:
Our materials are under warranty for 12 months from
commissioning or 18 months from delivery, whichever is the
shorter period. Labour charges are not included in warranty.
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