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The following conditions shall apply to the contract between us even if the terms of your order varies from these Conditions unless we agree otherwise in writing.
If these Conditions are inconsistent with the express terms to the contract agreed by one of our directors, the express terms shall prevail.
If subsequent to the contract in which these Conditions are incorporated any contract of sale is concluded with you in writing or orally or by a combination of these without express reference to these Conditions it shall, unless otherwise agreed, be a term of such contract that these Conditions of sale apply to such contract.
Prices herein are recommended prices for the quantity mentioned and charges in quantity may affect price. We reserve the right to vary prices without notice and to charge the purchaser the price ruling at date of despatch. All prices are exclusive of VAT which will be charged at the appropriate rate.
A credit account may be opened for the purchaser who furnish satisfactory references as requested by us.
Settlement terms are strictly net 30 days account, or as an agree term of the payment prior to commence of acceptance of an order
We may withhold deliveries or cancel the contract for sale of goods if at the time of such delivery any sums due to us from you are outstanding.
Unless otherwise specified in our quotation or tender the price stated is “ex-works”. If price includes delivery it shall be any method of transport at our option. Unless otherwise specified we shall not be responsible for offloading. In every case delivery is subject to suitable access being available.
5. TIME FOR DESPATCH
The stipulation time or dispatch of a delivery shall run from the acceptance of your order or (where our tender of quotation constituted an offer the acceptance of which resulted in a binding contract) the receipt of written acceptance of our tender or quotation accompanied in either case by all necessary information and drawings to enable us to proceed with the order. The time of delivery is caused by instructions or lack of instructions from you. Unless otherwise agreed in writing time of dispatch shall not be the essence of the contract unless or until reasonable notice in writing has been given to us after default on our part making time of the essence.
6. LOSS OR DAMAGE IN TRANSIT
Where the price includes delivery other than at our works we will repair or at our option replace free of charge within a reasonable time all goods lost or damaged in transit, provided we are given notice of such loss or damage within seven days from the firm date of delivery notified by us to you.
Unless any performance figures have been quoted by us and have been specifically warranted by us in writing we shall be under no liability for failure to attain such figures. Where figures have been specifically warranted they shall be subjected to any tolerances specified or agreed by us or if none to tolerances customary in the industry. If performance figures obtained on any test provided for in the contract are outside the acceptance limit you will be entitled to reject the goods but only after you have given us reasonable time and opportunity to rectify their performance.
8. LIMITED LIABILITY
Any Liability which we may incur to you in contract or tort (including liability in negligence) arising out of or as a result of:
any failure to supply or deliver goods;
any delay in delivery of goods;
any defect in any goods or service;
shall be limited to the purchase of the goods in question. However, your statutory rights are not affected.
9. LIABILITY TO THIRD PARTIES
You shall indemnify us in respect of any liability, losses, costs, charges and expenses which we may suffer or incur by any reason of any claim (including for liability in negligence) made by third parties in respect of or arising out of the state, conditions or use of goods (including without limitations, goods resold to third parties whether or not despatched directly to third parties at your request) or in any other way relating to the goods.
10. YOUR INSOLVENCY
If you become bankrupt, enter into any arrangement with or compound with your creditors or a receiving or administration order is made against you or an order is made against you or a resolution passed for your winding up or a receiver or manager is appointed over or any part of your assets we may (without prejudice to any other rights or remedies available to us under Condition 10 or otherwise) stop any goods in transit to you and suspend further deliveries of goods until payment for such goods has been assured to our satisfaction.
In addition to any right of lien which we may have by law shall also have a general lien in the event of your insolvency or liquidation over all goods belonging to you then in our possession for the unpaid price of goods sold and delivered by us to you on the same or any other contract.
The title of goods shall not pass to you until payment has been made of the full contract price and pending such payments you shall keep the goods separately from any other goods and clearly identifiable as belonging to us and we shall be entitled to enter you premises and repossess the goods.
12. FORCE MAJEURE
These conditions of sale shall be construed in accordance with the laws of England and if any question, dispute of difference shall arise between the parties in respect of their interpretation, the same shall be referred by agreement to a single arbitrator otherwise it shall be referred to arbitration under the provisions also being applicable to the case of reference to a single arbitrator.
We shall incur no liability for failure to perform our obligations hereunder due to the existence of circumstances which we have not caused and which are beyond our control.
13. RETURNED GOODS
A 20% Restocking fee is applicable at our discretion for the goods returned without prior agreement in writing or confirmation of a returns goods allocation number.
We are a fully registered WEEE compliant producer. We will accept, recycle, repair or adequately dispose of any of our products, on your behalf, at our cost including carriage.
Our packaging comes from a certified maintainable source, copies of certification may be obtained on request.
The majority of our products fall into section 9 of RoHS specifications, monitoring and control equipment, and are therefore exempt. Products which fall outside this category and are regulated by RoHS use only RoHS compliant components, and contain only lead in amounts less than 0.1% of the total weight. These products are marked RoHS compliant.
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