ALL QUOTATIONS are made and all orders are accepted to the following Standard Conditions of Sale, not withstanding anything which may be stated or implied to the contrary in the Customer’s order forms or correspondence:-
(1) ORDERS. The Company reserves the right to accept or refuse orders and also to cancel or suspend delivery under any uncompleted order.
(2) VALIDITY OF QUOTATIONS. Unless previously withdrawn all quotations are open for acceptance within thirty days only from the date thereof and are subject to confirmation at the time of such acceptance.
(3) ACCEPTANCE OF QUOTATION. The acceptance of the Company’s quotation must be accompanied by sufficient information to enable the Company to proceed with the order forthwith.
(4) DESCRIPTION ACT. All descriptive specification, drawings and particulars of weights and dimensions submitted with the Company’s quotation are approximate only and the descriptions and illustrations contained in the Company’s catalogue price lists and other advertising matter are intended merely to present a general idea of the goods described therein and none of these shall form part of the contract.
The Company reserves the right to modify without notice the designs and specifications for the materials used in its products.
(5) DELIVERY. Any time quoted for despatch is to date from receipt by the Company of a written order to proceed and of all necessary information and drawings to enable it to put the work in hand.
The Company will use its best endeavours to despatch on the date given but will accept no liability for failure to do so.
(6) STORAGE. If after the due delivery date the Company does not receive forwarding instructions within ten days after date of notification that the goods are ready for despatch, the customer shall take delivery and arrange for storage. The Company, if its storage facilities permit, may however, store the goods making a charge until they are despatched and the goods when put in storage shall be paid for as if they had been despatched.
(7) DAMAGE IN TRANSIT. When the price quoted by the Company includes delivery within the United Kingdom of Great Britain and Northern Ireland the Company will repair or replace free of charge goods damaged in transit provided the Consignor, the Company and the Carriers receive the requisite written notification of such damage within the time specified by the Carriers. Unless such notification is received by the Consignor, the Company shall be under no liability for damage in transit. The customer is advised in his own interest to inspect the goods immediately on arrival.
(8) NON-DELIVERY. In the case of non-delivery notice in writing must be given to the Consignor, the Company and the Carriers writing the time specified by the Carriers. In the case of shortage of delivery claims will be considered only if the Consignor, the Company and the Carriers receive the requisite written notification of such shortage within the time specified by the Carriers. The packing and contents should be retained for inspection by the Carriers inspectors.
(9) PRICE. All prices included in the Company’s quotations are provisional and are subject to alteration upwards or downwards without prior notice according to the Company’s price or prices ruling at the date of despatch from the factory.
(10) TERMS OF PAYMENT. Payment is to be made 30 days from date of invoice (See Clause 20). Any invoice outstanding beyond this period may be referred to First Legal Debt Recovery and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
Where the price for erection and/or installations quoted as a separate item, payment for the goods delivered shall be due on delivery, and payment for erection and/or installation shall be made upon completion.
Where erection and/or installation is included in the total price of the goods, payment shall be made upon completion.
Should the Company be prevented by the Purchaser from erecting and/or installing the goods for a period of thirty days after delivery to site, the full price of the goods, inclusive of erection and/or installation shall immediately become due and payable.
(11) CARRIAGE. Unless otherwise specified, the Company’s quotation includes delivery by any method of transport at the Company’s option within the usual free delivery area as if delivered by rail, subject to the Standard Terms & Conditions of Carriage of Merchandise as settled by the Railway Rates Tribunal (1927 S.R. & 0. No. 1009) or any modification thereof.
(12) PACKING CASES. When packing cases are charged for, credit will be given in respect thereof if the same are returned in good condition carriage paid within sixty days of the receipt by the Purchaser.
(13) PATENTS. In the event of any claim being made or action being brought against the customer in respect of infringement of patents by the manufacturer or sale by the Company of goods supplied to the customer hereunder, the customer shall make no admissions in respect thereof, but shall notify the Company immediately, and the Company shall be at liberty with the customer’s assistance if required, but at the Company’s expense, to conduct all negotiations for the settlement of the same or any litigation that may arise therefrom: subject to such notification and provided that no such goods, or any part thereof, shall be used for any purpose other than that for which they were supplied to the customer, the Company will indemnify the customer in respect of any such claims.
(14) WARRANTY. In respect of new equipment the Warranty as set out in the Manufacturers’ appropriate Warranty Certificate shall operate in place of all other warranties conditions or liabilities expressed or implied by law all of which are hereby expressly excluded.
(15) PERFORMANCE. Performance figures if given, are such as may be expected to be attained on test upon completion of installation and are subject to the usual tolerances. Reasonable time and opportunity are to be given to comply with such performance figures and no liability will be accepted in respect of any failure of attainment on test unless they have been specifically guaranteed under an agreed sum by way of liquidated damages.
(16) CONSEQUENTIAL DAMAGE. The Company shall be under no liability for any consequential loss damage claims or liabilities of any kind arising form any cause whatever, nor for any contingent liability in respect of loss of stock due to mechanical or other fault or failure.
(17) ARBITRATION. If at any time any question dispute or difference whatsoever shall arise between the Company and the customer upon or in relation to or in connection with the contract the same shall be referred to arbitration of a person to be mutually agreed upon or, failing agreement within 14 days after notice in writing by the one party to the other party of the existence of such dispute or difference, of some person to be appointed by the President for the time being of the Institute of Electrical Engineers and in accordance with the provisions of the Arbitration Act. 1950. Or any statutory modification or re-enactment thereof.
(18) LEGAL CONSTRUCTION. The Contract shall in all aspects be construed and operate as an English Contract and in conformity with English Law. Our tender is offered on the understanding that on completion the purchaser will sign a form conforming acceptance of the equipment in accordance with Health & Safety at Work Act.
(19) PURCHASER’S RISK. Equipment shall be entirely at he Purchaser’s risk as from date of delivery to the address as stated in the Delivery Instructions. When the Company shall install equipment in a refrigerator which is the property of the Purchaser the installation shall be made in a workmanlike manner and the Company shall not be responsible for any damage to the refrigerator or the property occasioned by the work of installation.
(20) TRANSFER OF OWNERSHIP. The ownership of the equipment will only transfer to the purchaser when he has paid to the Company all that is owing, howsoever and whensoever arising.
(21) ERECTION AND/OR INSTALLATION. The Purchaser shall ensure that a clear and suitable site is available and ready for the installation of equipment and that the site is readily accessible to normal transport. Except where otherwise specified, the Company does not supply labour or material for any builder’s work foundations structural alteration plumbing or electrical work. In the case of built-in coldrooms, the Purchaser shall suitably prepare the structure to be in a fit condition for the direct application of insulation.
(22) SERVICE. Where equipment is sold on the basis of service being given to the user without extra charge during a stated period from the date of the original installation, the Company will provide without extra charge during the period such service as shall in the opinion of the Company be necessary.
UK WEEE Regulations (SI2006/3289 Waste Electrical and Electronic Equipment Regulations 2006 as modified by any subsequent legislation).
Clwyd Refrigeration Limited sells its products either retaining the Producer’s obligations under the WEEE Regulations or with our customer taking on those responsibilities. In either case the customer must clearly state which of these options he requires and this must be documented.
Clwyd Refrigeration Limited will confirm this option on its order acceptance documentation.
The customer must agree to disclose this agreement to any subsequent purchaser(s) of this equipment, as required by the regulations.
The purchaser agrees to absolve Clwyd Refrigeration Limited from its obligations under the UK WEEE Regulations which require Clwyd Refrigeration Limited to be responsible for financing the collection, treatment, recovery and environmentally sound disposal of any product supplied before 13th August 2005, where a similar new product is being purchased.
Clwyd Refrigeration Limited will undertake the collection, treatment, recovery and environmentally sound disposal of any product supplied before 13th August 2005 (or outside the scope of WEEE regulations) subject to payment of its current disposal fees.