Terms & Conditions
| Tel: | 01237 477465 |
| E-mail: | info@brittonprocol.com |
1.0 General
1.1 These conditions shall form part of every contract of sale entered into by BRITTON PROCOL VALVES ( the Company ) unless excluded or varied with our written consent. In the event of the customer’s order form containing special printed conditions the order for the goods will only be accepted by the Company on the understanding that those conditions are not at variance with the Company’s own conditions or if there is any variance that such conditions have been waived by the customer.
1.2 The Company trades with the customer on these conditions which shall prevail over any other conditions (whether in any purchase order acceptance or estimate or elsewhere) subject to any conflicting statutory or legislative provision (including in particular the Sale of Goods Act 1979, the Unfair Contract Terms Act 1977 and the Supply of Goods and Services Act 1982 where applicable) representation warranty promise or undertaking (unless expressly annexed incorporated herein) shall alter vary
supersede or act as waiver to these conditions.
1.3 The submission by the Company of a quotation does not constitute an offer and shall not bind the Company unless and until its acceptance shall have been confirmed in writing by the Company.
2.0 Guarantee
2.1 All goods manufactured by the Company shall be of first class materials and workmanship. The Company undertakes to make good or replace at its option any part or parts returned to our factory which under proper use shall fail owing to defective materials,workmanship or design, within twelve months from the date of despatch.The supply to the customer carriage paid of a defective part properly repaired or of a part in replacement thereof, shall constitute fulfilment by the Company of its obligations
under this guarantee. The Guarantee does not relate to defects caused by wear and tear, misuse or neglect or to any goods altered or tampered with since leaving our factory. The Company cannot be held responsible for any contingent or resulting liability or loss
arising through any failure of the goods.
2.2 Goods not of the Company’s manufacture are not guaranteed by it in any way and are sold only under such warranty as the makers give to the Company.
2.3 The Company shall be under no liability whatsoever in respect of any product which has not in its opinion been properly installed maintained and operated.
2.4 The Company will not be liable for loss of profit or other consequential damage howsoever caused.
2.5 Where goods are manufactured by the Company to the design or specification of the customer the Company shall give no guarantee or warranty that such goods shall be suitable for any given purpose.
3.0 Alterations and Repairs
No allowance will be made by the Company for alterations and repairs done by customers unless the written consent of the Company has been previously given.
4.0 Illustrations and Specifications
4.1 Catalogue illustrations and descriptions or proposal drawings must not be regarded asbinding as designs and constructional details are subject to variations.
4.2 Shipping specifications weights outline drawings and dimensions given with quotations are approximate only.
4.3 The Company retains the right of legal protection of registered designs in its drawing diagrams software documents and equipment. Drawings specifications and documents etc. appended to quotations or forwarded to customers are for their personal use only. They may be neither copied in whole or part nor made accessible to third parties without the Company’s express written consent.
5.0 Orders
Orders shall not be binding upon the Company until accepted in writing. No order shall be subject to cancellation or alteration without the Company’s written permission having first been given. Goods supplied are not returnable without the written consent
of the Company. Under no circumstances can the return be accepted of goods or parts that have been specifically made to the requirement of the customer.
6.0 Price and Payment
6.1 The Company reserves the right to make adjustments in all quoted prices to cover variations in the cost of materials labour overheads and other charges. Every endeavour will be made to supply at the prices and terms upon which orders are accepted but such prices and terms will be subject to revision to those ruling at the date of despatch of the goods from the works of the Company or the Company’s own supplier.
6.2 All prices stated to be regarded as being ex works unless otherwise specifically stated.
6.3 Acceptance of orders is subject to credit being approved.
6.4 Payment to be made 30 days from the date of invoice for all orders unless otherwise agreed.
6.5 Terms is respect of export orders are for payment against advice of consignments being ready for despatch from the Company’s works unless otherwise agreed.
6.6 Any failure to make payment by the due date will entitle the Company to add interest on the account overdue at an annual rate of 4% above the Barclays Bank Base Rate then in force until paid in full.
6.7 If the customer defaults in meeting payment on the due date of any sum due to the Company on any account the Company may suspend deliveries (in which event the customer will be liable for any damage or loss hereby suffered) and it such default continues for 7 days after written notice of the Company’s intention to make the provisions of this condition the Company may determine the legal rights against the customer.
6.8 If the customer commits an act of bankruptcy or being a company goes into liquidation (otherwise than a voluntary liquidation for the purpose of reconstruction or amalgamation) or has a Receiver appointed the Company may (without prejudice to the terms of clause 6.7 hereof) suspend deliveries and/or terminate the contract.
6.9 In the event of the termination of the contract for any reason the customer will be liable to pay forthwith for all works done and materials supplied and may also be liable in damages as for a wrongful repudiation.
6.10 If goods are returned through no fault of the Company, the Company reserves the right to make a handling charge.
6.11 Discounts are given subject to agreed payment terms being honoured. In the case of overdue accounts discounts will be removed.
7.0 Despatch
7.1 Every endeavour will be made to despatch goods ordered in the period promised but the Company shall be under no liability for failure to do so. Should manufacture and despatch be delayed by war fire strike lockouts trade disputes accident breakdowns defective material or by delays in deliveries of materials from sub-contractors or by any act or default on the part of the customer or by any other cause beyond the Company’s control a reasonable extension of time shall be granted.
7.2 Time for delivery of any goods or the fixing of any such goods is not to be nor to be capable of being made of the essence of the contract but the customer shall nevertheless be bound to take delivery or give forwarding instructions within 7 days
from the date of notification that the goods are ready for despatch.
7.3 The customer shall pay the reasonable cost of storage after the expiration of 7 days from the date of such notification.
8.0 Export
8.1 In the case of goods for export the customer must arrange for inspection of same at the Company’s works before despatch, unless otherwise agreed.
8.2 The Company can entertain no claim of any description after shipment nor is it able to accept responsibility for loss or damage in transit.
9.0 Witnessed Tests and Special Drawings
In instances where these or special services are required to comply with conditions of orders and are not included in the quoted prices the customer shall agree to pay the extra costs incurred.
10.0 Title and Risk
The goods shall be at the risk of the customer from time of delivery. However the Company shall remain the owner of the goods until such time as all payments relating to the same have been made. The customer shall neither sell pledge assign nor in any
way part with possession of the goods until such time as the Company has received payment thereof. Until payment has been made in full the customer shall act as bailee for the Company in respect of all of the goods and will preserve the goods in a separate and identifiable condition.
11.0 Jurisdiction
These Terms & Conditions are subject solely to English Law and any dispute arising herefrom shall be settled in accordance therewith.
