Terms & Conditions

GENERAL

(a) Unless stipulated otherwise, our tender will lapse if not accepted within thirty days.
(b) All orders are subject to the items ordered remaining unsold
(c) No order will be binding on us unless confirmed by us in writing
(d) The terms and conditions contained herein shall apply to all contracts placed with us.  Any other terms, conditions, warranties or    representations, whether made prior to, collateral with, or subsequent to the contract are hereby excluded. Any conditions or terms of   the order imposed or sought to be imposed by the Purchaser or contained in his order shall be of no effect unless we expressly accept   the same in our written confirmation.
(e) Once an order has been accepted or a contract confirmed the Purchaser cannot cancel the same except by agreement with us which will   only be binding on us if it is in writing and signed by a Director or other duly authorised person.
(f) No variation of these terms or conditions can be or is agreed unless in writing and signed by a Director or other duly authorised person.

TIME

(a) Time shall not be of the essence of the contract.
(b) We shall not accept any terms or conditions where “Time is of the essence of the contract”, or wording to this effect.
(c) All periods of despatch stipulated in the contract are to be considered approximate only.  Subject to the forgoing we undertake to use all   reasonable endeavours in the circumstances prevailing to effect despatch, or if the price included erection  to complete erection within   the stipulated period, or if no such period be stipulated within a reasonable time.

TITLE RETENTION

(a) The property in the goods supplied by us will pass to the Purchaser when the goods the subject of the contract in question and all other   goods the subject of any contract between us and the Purchaser which have been delivered to the Purchaser ( prior to the payment in   full for the goods the subject of the contract in question) have been paid for in full.
(b) In the event that the Purchaser resells goods, parts, or accessories supplied by us prior to the passing of the property therein to the    Purchaser such resale shall effected or receivable by the Purchaser for and on behalf of ourselves unless all debts owing to ourselves   by the Purchaser in respect of the items supplied by ourselves have been paid.
(c) So long as the property in the goods remain in ourselves and so long as the Purchaser is in default of any obligation hereunder we shall   have the right (with or without prior notice to the Purchaser) to take possession of the goods (and for that purpose the purchaser hereby   authorises us to go upon any premises occupied by the purchaser) and on such retaking of possession the contract shall be deemed to have been determined without prejudice to any claim or rights we may otherwise make or exercise.

DOCUMENTS

All dimensions, weights and dates for delivery of machines stated on any offer, acceptance, catalogue or circular are approximate only, and are not binding as to details.

DESPATCH

(a) The delivery stated is given in good faith and will date from confirmation by us of the order, but we accept no liability for non-delivery or   delay in delivery through causes beyond our control such as Strikes, Material shortages, Lockouts, Fire, etc. at Works or any such causes as Prohibition of Export by the Government of the Country of Origin, difficulties of Transport, etc.
(b) Delivery shall be deemed to take place when the goods arrive at the purchasers works.

PRICES

(a) Prices quoted are subject to fluctuations and it is strictly understood that for imported machines this quotation is based on the present import duty and rate of exchange and that goods will be invoiced at the price(s) calculated on the rate of exchange and duty ruling when the machine(s) is delivered.   
(b) Prices are based upon present day cost of manufacturing and design. Having regard to the delivery date quoted, and the uncertainty owing to the present conditions as to the event of labour, materials, etc. during the period of manufacture, we regret that we have no alternative but to make it a condition of the acceptance of any orders, that the goods be charged at the prices ruling upon the date of invoicing.

CLAIMS

(a) With regard to claims, our liability ends with the replacement of any parts proved faulty within the terms of the manufacturer's guarantee and under no circumstances can any third party claims be considered. Defective parts must be returned promptly carriage paid to our Works.
(b) Orders are accepted on the condition that if before delivery such goods are destroyed or damaged beyond repair from any cause not within our control and cannot be replaced, we may cancel the order.

TERMS OF PAYMENT

Terms of payment as agreed in the Contract must be strictly observed and the Customer is not entitled to withhold payment or any part thereof. The obligations on our part under the Contract are subject to the terms of payment and all the customer's other obligations under the Contract being observed.

"USED" MACHINES AND EQUIPMENT

Goods sold "as inspected" are sold without any guarantee on our part, the customer having previously satisfied himself that the machine or equipment is in accordance with his requirements.

NEW MACHINES AND EQUIPMENT

Defective goods or parts will be replaced in accordance with the manufacturer's guarantee, but no claim for expenditure upon or for consequential defects will be entertained.  The replacement must be accepted as complete satisfaction of all conditions and warranties employed by statute or by trade usage.

LIABILITY

We shall not be liable for any consequential losses suffered by the purchaser as a result of defects or otherwise in the machinery.

DISPUTES

All disputes shall be governed by English Law.