Sale Conditions

 CONDITIONS OF SALE

The acceptance of this quotation includes the acceptance of the following terms and conditions:

1.         With the acceptance of this tender sufficient information must be submitted to enable us to proceed forthwith with the order.  Otherwise, we are at liberty to amend the tender to cover for any increase in price which may have taken place after acceptance.

2.         This tender only includes for such goods and work as are mentioned therein.

3.         We reserve the right to withdraw this tender in the absence of your official acceptance.  The tender is only open for acceptance for the period stated therein or, if no period is stated, then for thirty days from the date of the tender.

4.         Any samples submitted must be returned to our works (carriage paid) within one month from receipt, otherwise they must be paid for.

5.                     All drawings, descriptive matter, weights, dimensions and shipping specifications submitted with this tender, and the descriptions and illustrations contained in our catalogues, price lists and other advertising matter, are approximate, and are not guaranteed correct.  After acceptance of this tender, a certified set of outline drawings will be supplied free to you, if desired.

6.         Our productions are carefully inspected and submitted to our standard works tests before despatch.  Any special test or tests in the presence of you or your representative are charged for extra.  Unless otherwise allowed for in the tender, all tests must be conducted at our works.

7.         Any figures given for performance are based on our experience and are such as we expect to obtain on test.  We will, however, accept liability only when we guarantee such figures within specified “tolerances” and then only upon an agreed penalty (as liquidated damages) and bonus if tolerances are exceeded.

In the event of goods proving defective or performance failing to fulfil the terms of guarantee, reasonable time and opportunity to remedy the defect or comply with the terms of the guarantee shall be given us.  If we fail, then either party may cancel the contract by notice in writing as from date without claim by or against the other, except as regards any penalties which may have been previously defined.

8.         The time for despatch stated in the tender is to date from the receipt by us of the written order to proceed with the work and all other necessary information which will enable us to commence construction or supply.  We shall use every endeavour to despatch to time, but accept no liability unless definite guarantees are entered into whereby penalties (as liquidated damages) are agreed upon for late delivery and a bonus provided in case of despatch before time.  Should despatch be delayed by strikes, lock outs, defective material, approval of drawings or any cause beyond our control then a fair extension of time shall be granted us to complete the work.

9.         Unless otherwise specified, free delivery means delivery within the metropolitan area, and subject to the railway or transport company’s conditions.

10.       Where no other terms are specified, payment shall become due upon notification by us that the goods have been tested or are ready for despatch.  Any liability on our part is subject to the terms of payment and all your other obligations of the contract being strictly observed.

11.       If we do not receive forwarding instructions sufficient to enable us to despatch within fourteen days after notification that the goods are ready for despatch, a charge may be made for storage and fire insurance until the goods are despatched, and the goods shall be paid for as if they had been despatched.

12.       When our price includes delivery, we will repair or replace free of charge goods damaged in transit, provided that we receive written notice of such damage within three days of delivery, but not otherwise.

13.       For 12 months after the goods have been despatched from our works, and subject to the conditions governing damage in transport stipulated in Paragraph 12 above, our liability is limited to making good any defects developing in our own manufactures under proper use and arising solely from faulty design, workmanship or materials, provided always that such defective parts are promptly returned, free, to our works, unless otherwise arranged.  The repaired or new parts will be delivered free within the metropolitan area.  At the termination of such period all further liability on our part ceases.  In the case of goods which are not of our manufacture, you are entitled to the benefit of any guarantee given to us in respect thereof.

14.       The prices quoted are those ruling at date of tendering and may be subject to variation with any alterations to material prices, wage rates and/or conditions of employment which become effective between the dates of acceptance of tender and despatch of goods.

 

(Revision B 12/03/02 Approved by RAB)