CONDITIONS OF TRADING
The expression ‘the Company’ where used in
these conditions shall, where the context so admits, means Sontex
(Machinery) Limited, and includes any subsidiary or agent thereof.
1)
The adherents to these Conditions of Trading are referred to
throughout as the Company and the Customer.
All transactions are between the Company and the Customer as
between principal and principal and are subject to the following
conditions.
2)
All accounts are payable forthwith on demand and are not subject
to discount. In the case of
accounts not paid on or before the last day of the month next succeeding
the month in which the goods were invoiced by the Company, the Company
reserves the right to charge interest from the expiration of such date
at one (1) per cent per annum above the bank rate, but not less than six
(6) per cent per annum.
Capital
machine sales call for a 40% plus VAT deposit with order unless
otherwise stated for higher value equipment.
For lower value items cash with order.
A small order charge of £3.00 is applied to all credit invoices
totalling less than £20.00.
Save as provided in clause 3 invoices will
be dated strictly in accordance with the date on which the goods
referred to on such invoices are despatched.
Payment or accrual of interest shall neither prejudice proceedings for
recovery of any account due, nor prejudice or waive any other right the
Company may have.
3)
In the cases where the customer desires delivery of goods to be
delayed, the Company reserves the right to invoice its charges to the
customer as soon as the goods are ready for delivery, in which event the
conditions of clause 2
shall apply. The Company
shall not be liable for damage or detriment to the goods in respect
thereof for which delivery instructions are not received within one
month of their being ready for delivery.
If delivery instructions are not received in that time the
Company reserves the right to make a charge for storing, handling,
insurance and any other such matters from the expiration of that period.
4)
Contracts and quotations and any variation thereof are valid only
when specifically made and confirmed in writing by the Company.
5)
All current prices and quotations are subject to revision at any
time without notice and the Company shall at anytime be entitled to
determine the price schedule.
Any price increase shall apply unless the order was received before the
date on which the price increase came into force.
6)
No deductions from its accounts will be allowed by the Company
unless it has agreed to them.
7)
If the Company is unable to give delivery within the contractual
time owing to strike, lock-out, trade dispute, tempest, fire, breakdown,
accident, riot, crime, civil disturbance, epidemic, frost, flood,
drought, war, shortage of materials, scarcity of labour, government
action or other occurrences (if such other occurrence is in the view of
a Chamber of Commerce outside the control of
the Company and so furnishes good ground for suspension) the
contract may be suspended either wholly or partially without claim on
either side according to the extent to which the Company is unable to
give delivery. Any such
total or partial suspension shall remain operative until three (3)
months after the removal of the cause for suspension or if the cause for
suspension is of longer duration than three (3) months, for a total
period of six (6) months, whereupon the contract shall be deemed to be
cancelled without payment of damages on either side.
8)
Performance figures are given in good faith based upon the
Company’s experience and tests but the Company will accept no liability
if such figures are not obtained due to conditions of use differing from
those under which its tests were conducted. The purchaser is deemed to assure responsibility that the capacity
and performance of the equipment is adequate for its purpose.
9)
Guarantee and Liability, Subject to this condition, the other
conditions herein contained, and to any variation hereof expressly
agreed upon in writing by the parties, any conditions, statements or
warranties regarding the quality of fitness for any particular purpose
of the equipment expressed or implied whether by statute or otherwise
are hereby expressly excluded.
The Company undertakes that the equipment
manufactured by it shall be of sound material and workmanship and agrees
to repair or replace free of cost any part of the equipment manufactured
by it (excluding consumables of which a list is available on
application) which is found to be defective within a period of twelve
calendar months (or such longer period as may be agreed by the Company
in writing) after the date of despatch provided that:
(i)
Notification in writing of any defect in workmanship or material shall
have been given to the Company forthwith upon it becoming apparent to
the purchaser.
(ii) The equipment shall
have been operated under normal operating conditions without overloading
and by competent personnel using such raw materials, power supply and
lubricants as may have been specified, and
(iii) The part is shown
to have been defective at the date of despatch and is promptly returned,
carriage paid to the Company’s works or made available for the Company’s
inspection.
Any defective part replaced shall become the property of the
Company on replacement and the Company accepts no responsibility for any
defect or damage resulting from repairs or replacements made by the
purchaser or by any agent of the purchaser during the guarantee period
without the Company’s written authority.
(iv) Subject as provided
in this clause any other defect, damage, nuisance or interference
whatsoever consequential or otherwise, or wastage of material resulting
from or caused by or to the equipment supplied hereunder shall from the
date of delivery be the responsibility of the purchaser and the Company
accepts no liability whatsoever therefore.
(v)
Any equipment not manufactured by the Company included in this
acceptance of order will be sold subject only to such conditions,
warranties and guarantees as are given by the suppliers to the Company
and which can be enforced by the Company against the supplier.
10) The purchaser shall hold the Company
harmless and shall indemnify the Company against liability for:
(a)
Bodily injury (including death).
(b)
Loss or damage to property (other than the goods supplied)
sustained by any person or company and resulting from the presence
of the Company’s employees or agents on the purchasers premises in
connection with the erection, installation or commissioning of the goods
supplied.
11) Title of goods will not pass until
full payment has been made to the Company.
12) The foregoing conditions shall be
construed according to the laws of England.
13) By ordering the Company’s goods the
customer will be deemed to have accepted these Conditions of Trading.
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