STANDARD CONDITIONS OF WORK, SERVICES AND SALE
All contracts for the sale and repairs of goods by PRO-CUTdies Ltd (therein after called “the Company”) shall be governed by the following conditions of work, services and sale. A contract is agreed upon between the Company and a buyer, hereafter called “the Customer”.
Neither the performance in whole or in part of the Customer’s order not any other conduct whatsoever on the part of the Company shall be construed as the acceptance by the Company of the terms or conditions inconsistent with these conditions of sale, which shall not be deemed to have been altered, modified or varied by any conditions stipulated by the Customer. The Company and the Customer do not intend to confer rights on third parties and expressly exclude the provisions of the contracts (Rights of Third Parties) Act 1999.
2. ESTIMATES & QUOTATIONS
An estimate or quotation and given for the repair of goods is valid for a 30 day period only and be subject to variations in the price of parts or materials between the date of estimate and the date of repair. It will also depend on further work or parts found to be necessary which will only be carried out with the consent of the Customer. If additional work is found to be necessary on the part, the customer will be informed before the additional work is continued. The customer agrees to provide all necessary technical pertinent information regarding the goods in terms of materials and requirement (Usage). Incorrect information may arise to additional surcharges and costs.
3: CONTRACTUAL AGREEMENT
A contractual agreement is established upon the receipt of a Customer purchase document received either verbally, electronically or as a posted hard copy. Verbal agreements or special arrangements require a written confirmation and require signature validation from both the Company and Customer.
Customer purchase orders will be confirmed in writing or given in verbal form to a legally appointed representative of the customer.
It is the responsibility of the Customer to ensure that no purchase order or contract is issued from non-responsible people within the Customer’s organisation.
4: COMMENCEMENT OF WORK
The Company will commence work upon receipt of the Customer goods and all necessary steps will be taken to ensure that the goods will not be damaged or lost.
Should external damage be found on the good’s other than documented on the Customer purchase order and/or the Company contractual agreement then photographic evidence will be made by the Company as deemed necessary as proof to the Customer of the
damage. Upon completion of the work a quality inspection will be carried out and documented.
5: SUPPLEMENTARY COSTS
If additional work is found to be necessary on the part, the customer will be informed in writing of the necessary supplementary work and additional costs involved.
Should the order be cancelled for reasons beyond the control of the Company, incurred work, storage and carriage will be invoiced to the Customer.
The price payable by the Customer for each delivery shall be the price ruling as published or operated by the Company at the date of despatch, to which shall be added any Value Added Tax and any other tax or duty relating to the manufacture. Transportation, export, import, sale or delivery of the goods (whether initially charged on or payable by the Company or the Customer) or special carriage or transport charges incurred at the Customer’s request will be charged to the Customer.
Unless otherwise stated terms of payments are net against invoice payable within fourteen days from date of invoice unless otherwise agreed within a legally binding contract. In the event of payment being overdue the Company reserves the right to charge interest at the rate of 3% per month on any account not paid within the terms of trading. Such interest will be calculated from the last day of payment permissible within the Company terms. On any account not paid within the Company terms of trading, the Company reserves the right to add to the account any costs incurred by the Company in instructing an agent or solicitor to act on their behalf in the recovery of the account.
7. WAIVER OF THE CONTRACTUAL AGREEMENT
If due to technical reasons the goods cannot be repaired or the
Customer does not agree to the pricing or the Company terms of business then the Contractual agreement will be dissolved and the goods shall be returned to the Customer. Supplementary costs may be incurred.
8. RISK AND PROPERTY
Goods supplied by the Company shall be at the Customer’s risk immediately on delivery to the Customer or into custody on the Customer’s behalf (whichever is the sooner) and the Customer should therefore be insured accordingly.
The time given for the delivery and completion is intended as an estimate only and is to date from receipt by the Company of the Customer written order and of all necessary information to enable the Company to put the work in hand, but the Company shall be under no liability whatsoever for any failure to deliver or delay in delivery of the goods due to strikes, lockouts, or other industrial or international disputes or due to acts of god., force majeure or other unforeseen conditions over which the Seller has no control. The Company will only release the PART to the Customer after repairs are completed, unless requested to do so by the customer.
It may be necessary for the Company to sub-contract all or part of the work or goods as deemed by the company as necessary to third party repairers and suppliers.
Since under normal circumstances goods are dispatched the same day or next day after receipt of order, the Company reserves the right to charge the Customer in full for costs incurred.
12. DAMAGE IN TRANSIT
The buyer shall be responsible and carry the liability for insuring the goods against damage, theft or loss during transit between the Seller’s and Buyers premises. The Seller is responsible and liable for goods during the repair and storage on the Seller’s repair site.
Damages must be reported within 7 days in writing.
If a part is not collected or upon request from the customer not to be delivered then the Company may issue a written notice that the part is deemed to be in storage at the Company’s premises. Weekly storage charges at the rate applicable at the time of expiry of the written notice may be imposed.
The Company will do its utmost to complete the contractually agreed service of repair or manufacture by the date and time requested by the customer, but cannot accept any responsibility for delay resulting from none or late availability of necessary parts or tooling, or reasons beyond the Company’s control.
15. WARRANTIES AND LIABILITY
The following guarantee is given in lieu of any other guarantee, conditions or warranty, either express or implied by statute or otherwise.
a) To repairing such goods in respect of which defects arising solely from faulty materials or workmanship shall be disclosed or appear under proper use.
b) or alternatively at the Company option to refunding to the Customer any sum paid by him in respect of such defective goods provided in either case that notice in writing of the defects shall have been given by the Customer to the Company within the period hereafter stipulated and that, where practicable and if required by the Company such defective goods or parts thereof are promptly returned by carriage paid to the Company work from which they were dispatched or to such other place as the Company shall in writing direct.
The Company liability in respect or of consequent upon any such fault, whether in original or replace workmanship or material, is limited as aforesaid and does not extend in any circumstances to cover any expenditure incurred by the Customer consequential loss or damage loss of profit.
In the case of goods or parts thereof, not of the Company manufacture proving defective, the Customer shall be entitled only to the benefit of any guarantee, condition or warranty which the Company shall have received in respect thereof and only to the extent that the Company can enforce the same.
15/2 GRIEVANCES (Sub-section to liabilities and warranties)
a2) should an incident arise in terms of manufacture, repair or service not meet the customer expectations or requirements then the following procedure is to be adhered to:
The manufactured or repaired part is to be returned to the company for re-work or manufacture.
Should the incident be due to proven faulty or negligent work from the company, the company agrees to carry out re-work or re-manufacture of the part in question and in accordance and without deviation to the original contractual agreement
(Section 3) at no extra charge to the customer.
Should the incident (Section 15/2/a2) be due to incorrect information received (Section 2) in writing or in verbal from the customer then the necessary re-work or re-manufacture services will be deemed as a new and separate contractual agreement and will be invoiced accordingly.
The company will not be responsible financially or legally.
or in terms of guarantee should the customer attempt to rectify the incident (Section 15/2/a2) independently through a third party or be liable to third party additional costs that may arise.
16. EXPORT ORDERS
a) Unless otherwise stated terms of payments are full payment prior to dispatch of goods.
b) The Customer at his own expense shall provide any import license required for the import of goods into the country to which the goods are to be despatched from the United Kingdom and also any export license required for the export of the goods from the United Kingdom.
c) The Customer shall be responsible for paying all import or other taxes, levies, duties or surcharges of whatsoever nature imposed or operative in the country to which the goods are dispatched.
17. TERM VALIDITY
In the event that any provision of these conditions shall be determined to be illegal, invalid or unenforceable, such illegality, invalidity, or enforceability shall not affect the validity and
enforceability of the remaining provisions of these conditions which shall be construed as if such illegal or enforceable provision or provisions had not been interested.
In addition to any lien to which they may, by static or otherwise be entitled, the seller shall (in the event of the Buyer’s insolvency) be entitled to a general lien on all goods of the Buyer in the Seller’s possession (although such goods may have been paid for) for the unpaid price of any other goods sold and delivered to the Buyer by the Seller under any contract.
19. PROPER LAW
This contract shall be interpreted exclusively to the Law of England.