Terms And Conditions.
We guarantee our products are free from defects due to faulty material or bad workmanship for a period of 12 calendar months for all products. The period of the guarantee commences from the date of delivery to the Purchaser or a delivery address requested by the Purchaser. Our liability is limited to the replacement of parts found defective within the prescribed period arising solely from faulty material or bad workmanship, in products properly used solely for the purpose for which they were intended, and not due to wear and tear, misuse, neglect or improper adjustment, and maintained in line with the maintenance instructions detailed within the product manual.
Any product alleged to be defective should be reported immediately, if we accept liability the product will be repaired. We are in no circumstances liable for any consequential or other loss or damage arising through any defect in our product, in lieu of any express or implied statutory or other warranties, guarantees, conditions or liabilities (whether as to fitness, quality, standard or workmanship or otherwise) which are excluded, the following provisions shall apply:
(a) The Purchaser shall not be entitled to rescind the contract or claim damages on the grounds of any statement whatsoever as to the suitability of the goods for any particular purpose, and the Purchaser assumes responsibility for the capacity and performance of the goods being sufficient and suitable for his purpose. The Purchaser agrees and confirms that apart from the express terms of the contract, no statement or representation has been made by the company relating to the goods to be supplied under the contract, or, if any has been made, has not relied on it.
(b) The company’s liability in respect of any defect whether of quality, suitability or performance or otherwise in any goods supplied or for any loss, injury or consequential damage attributable thereto is limited to the terms of this guarantee and the Purchaser hereby acknowledges:
(i) That it purchased the goods in a competitive market and the bargaining strength of the company was in no way a relevant factor in the goods from the Company.
(ii) That the Purchaser knows the extent of the meaning of this Condition and the limitation thereby imposed by it under Sections 13, 14 and 15 of the sale of Goods Act 1979.
(iii) Our guarantee does not apply should equipment be operated or stored under adverse conditions unless specified in the relevant equipment leaflet/manual. The above guarantee is given in lieu of all other terms, conditions, warranties, guarantees, undertakings and representations, express or implied, statutory or otherwise, which, except to the extent that this provision is held to be void or unenforceable under or by virtue of any provision contained in the Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977 or any statutory modification or re-enactment thereof for the time being in force, are hereby expressly excluded.
We reserve the right to alter the design or construction of the equipment at any time without notice.
LAW OF CONTRACT
All contracts for the sale of the company’s products shall be deemed to made and executed in England, and the same shall be construed. Performed and enforced in accordance with English law and the parties submit to be jurisdiction of the English Courts. The application of the Uniform laws of International Sales shall be excluded. The condition shall not prevent the Company instituting proceedings in the Courts of any other country to enforce such contract against the customer.
Delivery dates, given in good faith, are approximate and reflect conditions prevailing at that time. No liability can be accepted arising from delays in delivery, irrespective of the cause of any such delay.
Installation dates, given in good faith, are approximate and reflect conditions prevailing at that time. No liability can be accepted arising from delays in installation,
irrespective of the cause of any such delay. Once delivered the equipment has 6 months to be installed otherwise it is chargeable.
CANCELLATION AND VARIATION
Orders once accepted by us are binding and cannot be cancelled or varied unless we at our discretion accept the cancellation or variation. We will make every effort to meet our Purchasers in this respect but
(a) We cannot accept cancellation for non-standard products: and
(b) We cannot accept cancellation changes in delivery dates or other variations notified to us later than the end of the penultimate month prior to the month fixed for delivery and in such circumstances and any other cancellations or variations to which we have not agreed we shall enforce our contractual rights and/or impose an appropriate charge.
Quotations given are for acceptance within 30 days and are subject to revision should the state of the raw material market or other circumstances render this action necessary. Orders, whether received as a result of a quotation or not, can only be accepted for execution at prices ruling at date of despatch.
Our terms are net cash and payment is due on presentation of invoice. Where we have agreed to open an account with the Purchaser, invoices are due for payment 30 days after the date shown on the invoice, and should be settled net each month
VALUE ADDED TAX
VAT is not included in our prices and will be shown separately on all invoices at the rate ruling at the date of despatch.
Tecnik will pay carriage on individual items over £1,000 delivered to UK Mainland all other deliveries carriage will be charged.
PACKING AND UNLOADING
Damages or shortages must be signed for as such and claim made on the carriers, in writing,within 3 days of delivery. Where a recognised delivery agent is used the driver must be notified at the time of unloading and the consignment note marked to indicate the damage orshortages. The practice of signing for the goods “not examined” does not absolve the purchaser for this condition. The consignee is responsible for unloading.
LOSS IN TRANSIT
British Rail, Public Transport Companies and the Post Office only accept claims for loss in transit made within a limited period. If goods are not received within 14 days of the date of our invoice, we must be advised immediately otherwise neither the carriers nor ourselves will be liable for any loss involved.
PASS OF RISK
The risk in the goods shall remain with us until delivery to the Purchaser or his agent. In the absence of written notice from the Purchaser to us and the carriers, as prescribed above, the goods shall be deemed to have been delivered compete and in satisfactory condition.
PASSING OF PROPERTY
Until such times as all sums due to the company from the Purchaser whether in respect of goods delivered by either Company to the Purchaser or otherwise have been paid the provisions of this condition shall have effect:
(a) All goods delivered by the Company to the Purchaser or a delivery address requested by the
Purchaser will remain the property of the Company to the intent that the whole legal and beneficial interest therein shall remain that of the Company.
(b) If the Purchaser becomes or threatens to become insolvent or being a body corporate has a Receiver appointed or passes a resolution for winding up or if a Court makes an order to that effect or being an individual or partnership makes any composition or arrangements with his or their creditors or has a receiving order made against him or them or if the Purchaser shall be in breach of these Conditions, then the company shall be at liberty to forthwith remove and repossess all goods which remain the property of the Company in accordance with this Condition and enter upon any property to do so or to inspect goods to identify the Company goods.
(c) The Purchaser shall only be at liberty to resell the goods purchased from the Company prior to the passing of title on the understanding that if it does resell the goods then it will hold on trust for the Company so much of the proceeds of sale recovered by it under contracts which include any of the goods hereby sold either in their original or altered state necessary to discharge payment in full to the Company
(d) No provisions of the Condition shall be deemed to cause a Mortgage or Charge of the Property or undertaking of the Purchaser or any part thereof to have created by the Purchaser in favour of the Company.
Any failure by use in respect of one delivery shall not entitle the Purchaser to treat the contract as repudiated, each delivery being, for such purpose, deemed a separate contract.
Goods consigned to the order of end-users and/or distributors render them liable for all carriage and handling charges incurred, if delivery of goods is refused on arrival at destination.
RIGHT TO TERMINATE
If the Purchaser or his customer breaks any of these conditions or becomes insolvent or subject to any law relating to bankrupts or being a corporation goes into liquidation, whether voluntary or compulsory or has a Receiver appointed over its assets, we may suspend deliveries, or by notice to the Purchaser, terminate the contract and such termination shall be without prejudice to any other rights or remedies in which we may be entitled.
All quotations and tenders are given and contracts are made by the Company subject to the above terms and conditions and unless previously agreed in writing by an authorised officer of the Company.
(i) No verbal, written or other addition hereto or variation hereof including (without prejudice to the generality of the foregoing) any representation or warranty relating to the goods or services to be provided by the Company shall be effective; and
(ii) These terms and conditions supersede all (or any other) terms and conditions appearing elsewhere and shall prevail over and exclude any course of dealing established between the Company and the Purchaser and any other terms and conditions stipulated or incorporated or referred to by the purchaser or his agent or any their party; and
(iii) It shall be a pre-condition of the company giving any quotation or tender or entering into any agreement for the supply of any goods or services that such agreement be made subject to these terms and conditions.
Tecnik Engineering Ltd. Unit 15, Rockfield Road, Hereford. HR12UA.
Tel/fax 01432 341555. Email. email@example.com