Site Terms – Conditions of Sale

APPLICATION

All tenders offers and contracts and/or the carrying out of work are made subject to these conditions.

TENDERS

This Tender does not remain open for any fixed period unless otherwise stated and we reserve the right to withdraw or revise this Tender at any time before an order is accepted by us.

DISPATCH

Any times given for despatch or delivery or completion of work are given in good faith but must be regarded as estimates only and any liability for or in connection with delay is not accepted by us.

PRICE

If after the date of this tender and at any time before delivery the cost of us of completing this contract is increased or decreased by reason of increase or decrease of cost of labour or material or from any other cause outside our control, the contract price shall be increased or decreased proportionately. Prices are quoted strictly not for payment in full. VAT is excluded and will be payable at the rate ruling at the date of despatch.

TERMS OF PAYMENT

For existing credit account customers payment is due 30 days from the date of despatch. In the event of payment being more than 14 days overdue we shall be entitled to interest on the overdue amount for the period overdue at 2% over Scottish Bank Rate in force during that period. For non-credit account customers payment is required on a pro-forma basis, unless otherwise stated.

DELIVERY

When price quoted includes delivery at purchases’ premises the purchaser shall provide clear access and space for receiving the equipment. Off-loading can be arranged at extra cost.

DAMAGE OF TRANSIT

When the price quoted includes delivery at purchasers’ premises we will repair or replace free of charge, goods damaged in transit provided that the purchaser sends to ourselves and the carrier written notification of such damage within three days of delivery.

DEFECTS

We agree to repair or replace (at out option) any part of our manufacture which may prove faulty from defective material or workmanship except those which arise from wear and tear, incorrect installation abnormal conditions or working, accident, mis-use or neglect provided that:

Notice in writing of such defect is given to us within twelve months after the date of delivery and:

The purchaser shall have complied with the terms of payment and all other conditions binding upon him. In the case of goods not of our manufacture, we undertake to require the manufactures to carry out their guarantee or other obligations in respect of such defects failures.

DAMAGES

We will not be liable for consequential damages of any kind.

PLANS, DRAWINGS AND SPECIFICATIONS

Specifications, drawing, photographs, plans, capacities, weights, dimensions and other particular given are approximate. Small deviations therefrom shall not invalidate the contract or be made the basis of any claim against us. We reserve the right to change the construction or design if, in our judgement, such change is to the interest of all parties and does not vary the results.

EXEMPTION

In the event of either:

The Seller being delayed or prevented from making delivery owing to fire floods, damage to its plant, accident, riots, act of God, war, government or parliamentary restriction, prohibition or enactment of any kind, import or export regulations, labour difficulties, shortage of labour, difficulty in obtaining workmen and materials, breakdown of machinery, transportation delays or any other means whatsoever beyond the Seller’s control or:

Non-delivery by the Seller’s suppliers, or damage to or destruction of the whole or any part of the products the Seller will be at liberty to cancel or suspend the contract without incurring any liability of any loss or damage resulting therefrom.

EXTENT OF CONDITIONS

The foregoing terms and conditions supersede and exclude:

All implied conditions and warranties by the Seller, whether as to quality or not and:

All general and special terms and conditions imposed or sought to be imposed by the Buyer at any time in relation to the contracts.

LIABILITY

Except in respect of agreed liability referred to in Clause 9 we shall have no liability for or in connection with defects or failures in goods or work or incorrect delivery or loss or damage or injury whatsoever or howsoever arising or caused and no warranty or condition is given or to be implied.

LAW AND ARBITRATION

The construction validity and performance of all agreements which incorporate or are made subject to all or any of these conditions shall be governed by the law of Scotland and all disputes which may arise under or in connection with any such agreements shall be submitted to the arbitration of the Scottish Court of Arbitration under and in accordance with its Rules at the date hereof.

TITLE

The title to and property in the goods shall remain in the company until full payment has been received by the company for all goods supplied and all services rendered at any time by the company to the customer. Responsibility for the safekeeping and insurance of the goods will, however be in the hands of the customer from the moment he receives them.