|
1. These Terms and Conditions supersede all previous issues.
In these Conditions the term "Company" means
SMYE-RUMSBY LTD and includes all Companies, Divisions,
Depots and Out Stations within the Smye-Rumsby organisation.
The term "Customer" means any current or prospective
purchaser of goods or services supplied by the Company.
2. The terms "Goods" or "Material(s)" means
any equipment, components or material supplied by the Company.
The term "service(s)" means any of the services
offered by the company from time to time, including contractual
services which are offered with separate terms and conditions
which shall be supplementary to these Conditions.
3. Orders placed on the Company shall be deemed an acceptance
by the Customer of these Conditions, to the exclusion of
all other terms and conditions unless expressly agreed
by the Company in writing.
4. Unless otherwise agreed or specified in writing, all
quotations shall be valid for 90 days from the date thereon,
and shall be exclusive of any Value Added Tax which will
be added at the time of invoicing/payment according to
the appropriate rate.
5. Except for prices rendered under clause 4, the Company
reserves the right to amend prices at any time due to changes
in costs ruling at the date of despatch.
6. Payment of invoices by account customers is to be made
within 30 days of the date of the invoice. The Company
has the right under English law to charge interest on overdue
accounts.
7. Payment of invoices by non-account customers is to
be made immediately on presentation of invoice or on request.
Payment by cheque will only be accepted if accompanied
by a valid cheque card.
8. The property in the goods or services shall not pass
from the Company to the Customer until payment in full
for the goods or services has been made by the Customer
to the Company.
9. Where trade discount is given, it will indicate the
Company is operating as a wholesaler and that the Customer
is not the end user and therefore accepts that Company
warranties do not apply.
10. Goods sold under the conditions of clause 9 will be
subject to manufacturer's warranty and guarantee only.
11. New Goods sold by the Company are warranted as described
in the Company's Goods Warranty, a copy of which is available
upon request.
12. Installation work is guaranteed only against faulty
workmanship and installation materials for a period of
six calendar months from the date of completion. Such guarantee
is exclusive of any travelling expenses which may be charged.
13. Service repairs and adjustments to equipment are guaranteed
according to the terms laid down in the Company's Service
Warranty, a copy of which is available on request.
14. Suspension of work for any reason outside the control
of the Company, or on the instructions or lack of instructions
of the customer shall be deemed a variation to the contract
and as such will be liable to additional charges.
15. Any instruction given by the customer or the customer's
duly appointed representative, to an employee or representative
of the Company to perform any task not covered within the
original quotation, order and/or contract shall be accompanied
by a signed variation order, which shall be costed and
charged according to the Company's prevailing commercial
rates for its supplies and services.
16. The despatch of any goods which are claimed by the
Customer as being undelivered, shall require the Customer
to give written notice to that effect within 10 days of
the despatch date as recorded by the Company, otherwise
full payment shall be due.
17. The Company shall in any case have no liability in
respect of failure to deliver or perform or in respect
of delay in delivering or performing any obligation under
the contract due to cause outside the Company's control
such as acts of God, fire, flood, war, civil disputes,
unavailability of materials, or failure of suppliers or
sub-contractors to deliver.
18. The Customer shall indemnify the Company against all
claims whether made under contract or statute or under
common law in respect of any loss or damage to any property
whatsoever or injury to any person whosoever, arising out
of any defect in goods or workmanship in connection with
any goods manufactured and/or sold by the Company, or any
default to negligence on the part of the Company's servants
in connection with or during the execution of any work
by the Company on Customer's or other person's property.
19. LIEN. In addition to any right of lien to which the
Company may by law be entitled the Company shall (in event
of the Customer's insolvency) be entitled to a general
lien on all goods of the Customer in the Company's possession
(although such goods or some of them may have been paid
for) for the unpaid price of any other goods sold and delivered
to the Customer by the Company under the same or any other
contract.
20. These terms and conditions shall be construed according
to the laws of the United Kingdom and, in any dispute,
the forum shall be in England and no implied conditions
or regulations of any other country of the European Economic
Community shall be deemed to be incorporated therein.
21. If at any time any question, dispute or difference
whatsoever shall arise between the Customer and the Company
upon, in relation to or in connection with the contract,
either party may give to the other notice in writing of
the existence of such question, dispute or difference and
the same shall be referred to the arbitration of a person
to be mutually agreed upon, or failing agreement within
14 days of receipt of such notice, some person appointed
by the London Chamber of Commerce. The submission shall
be deemed a submission to arbitration within the meaning
of the Arbitration Act, 1950, or any statutory modification
or re-enactment thereof. |