|
|
||
|
|||
|
|
||||||
Terms and ConditionsTOTAL SAFETY, submits all quotations and price lists and accepts all orders Equipment presented for servicing will be serviced, wherever possible, according to the manufacturer’s recommendation. The client will be informed of the price after completion unless specifically requested in writing to quote prior to work commencing. Equipment that fails its test / inspection will be subject to an inspection fee. Where a quotation is requested prior to work commencing, the company has the right to charge an inspection fee. In the case of cylinders presented for test the client shall be required to sign the customer disclaimer (cylinder test procedures file), giving the technician discretion over the test, inspection and service requirements. In the event that the customer disputes the result of any inspection there is an appeals procedure to follow. Equipment left for evaluation and not reclaimed will be disposed of after a period of 3 months has elapsed since the submission of the quote. HIRE The company is entitled to charge on a daily rate basis from when the goods are delivered to the clients nominated delivery point until the equipment is returned to Scotsafe’s premises. TOTAL SAFETY is responsible for the delivery to the Aberdeen area, carriage is applicable for deliveries outwith the Aberdeen area. There is seven day minimum hire period, unless otherwise agreed in writing. The customer is required to take reasonable care of the equipment whilst in there care and will be charged for damage. The customer is responsible for loss or damage whilst equipment is in their possession. PRICING All prices shown on the Company's price list, or on quotations offered by them, are based upon the acceptance of these conditions. Any variation of these conditions requested by the buyer could result in changes in the offered pricing or refusal to supply. All quoted pricing is in Pounds Sterling as specified on the price list or quotation and is exclusive of VAT and delivery. In addition to the invoiced value the buyer is liable for all import duty as may be applicable in the buyer's location. If there is any documentation required for import formalities, whether or not for the purposes of duty assessment, the buyer shall make this clear at the time of order. We reserve the right to make adjustments to the price to take account of any increase in, or the imposition of, any taxes or duties, or if due to an error or omission the price published for the goods is wrong. We will inform you of the correct price and give you an opportunity to cancel the order. If the goods have already been delivered, we will give you an opportunity to return the goods and receive a full refund of the price and any delivery charges you have paid for the goods. Any quotation issued by the Company is open for acceptance for a period of 30 days or as stated after its issue, and if not accepted within the said period shall be deemed to have lapsed unless the Company at its sole discretion elects to extend such period. PAYMENT All goods, materials and documents supplied under the contract remain the property of the Company until full payment is received by the Company. Any charges incurred in making the payment, either currency conversion or otherwise shall be paid by the buyer. Business customers: If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing. Business Customers: you do not have the right to set off any money you may claim from us against anything you may owe us. If you fail to pay us in full on the due date we may: 1. Suspend or cancel future deliveries; 2. Cancel any discount offered to you; 3. Charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998 . 4. Claim a fixed compensation from you under s.5A of that Act to cover our credit control overhead costs. 5. Recover the cost of taking legal action to make you pay. If any part of an invoice is disputed or queried by the Client, the payment of the remainder of the invoice shall not be delayed. DELIVERY Delivery shall be made by the company using a courier service of its choice. The cost of the delivery plus a nominal fee for administration will be added to the invoice issued. If multiple shipments are requested by the buyer, multiple delivery charges will be made. In the case of multiple deliveries separate invoices will be raised. If requested at the time of ordering an alternative delivery service can be used, but only if account details are supplied to the Company so that the delivery can be invoiced directly to the buyer by the delivery service. An administrative charge may be added to the invoice issued at the discretion of the Company. We will endeavour to deliver goods within the times stated, but goods are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods unless caused by our negligence. If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however: 1. You may not cancel if we receive your notice after the goods have been dispatched; and 2. If you cancel the contract, you can have no further claim against us under that contract. The terms in clause CANCELLATION will then apply. WARRANTY The company offers a 12 month warranty against parts and defective workmanship. The basis this warranty will be discussed with the company’s technical staff before return is made. If it is agreed that a return for repair is necessary then the faulty item shall be returned carriage paid and properly insured to the company. Faults incurred by abuse of the product (as defined by the company) are not covered by the warranty. We cannot accept liability in respect of any defect arising from fair wear and tear, abnormal working conditions, failure to follow our instructions, or the alteration or repair of the goods without our approval. Under no circumstances will the company be liable for any incidental or consequential damage or expense of any kind, including, but not limited to, personal injuries and loss of profits arising in connection with any contract or with the use, abuse, unsafe use or inability to use the company's goods. The company's maximum liability shall not exceed, and the customer's remedy is limited to, either i) repair or replacement of the defective part or product or at the company's option. ii) return of the product and refund of the purchase price, and such remedy shall be the customer's entire and exclusive remedy. FORCE MAJEURE If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability. Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies. INTELLECTUAL PROPERTY RIGHTS The Client agrees to preserve the IPR of the Company at all times, and that no contract for supply of goods involves loss of IPR by the Company unless expressly offered as part of the contract by the Company. WAIVER AND VARIATIONS Each order received by the company will be deemed to form a separate contract to which these terms (or any that we may issue to replace them) apply and any waiver or any act of nonenforcement or variation of these terms or part thereof shall not bind or prejudice the company in relation to any other contract. Any waiver or variation of these terms is binding in honour only unless: 1.Made (or recorded) in writing; 2.Signed on behalf of each party; and 3. Expressly stating an intention to vary these terms. Variations or changes in specification requested by the Client will be charged for on terms to be agreed in advance with the Company or otherwise on terms no less advantageous to the Company than in the original contract. The Company shall be entitled at any time in its discretion and without any liability in respect thereof to refuse to agree to any requested variation. The Client agrees to meet the costs of any additional work required to accommodate a variation or change in specification. SPECIFICATION The Company reserves the right: 1. To vary the specification or withdraw from offer any of its products without prior warning 2. To correct errors and omissions in the specifications 3. To make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements and 4. To make without notice any minor modifications in our specifications we think necessary or desirable. Where the goods are supplied for resale, the Client is responsible for the provision of information and instructions relating to the safe use of the goods to the resale customer. EXPORT TERMS Where the goods are supplied by us to you by way of export from the United Kingdom this Clause applies (except to the extent that it is inconsistent with any written agreement between us). The "Incoterms" of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency. Unless otherwise agreed, the goods are supplied ex works our place of manufacture. Scotsafe Testing Ltd Aberdeen. Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979. You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any defect in the goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit. We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977). CANCELLATION You may not cancel the order unless we agree in writing. If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order. For good purchased on your behalf cancellation may incur a restocking charge based on the a percentage of the sale price , which shall be charged to the customer. For goods delivered, in respect of an official purchase order, to you from our stock and then cancelled we have the right to impose a restocking charge of 25% of the sale price, unless otherwise agreed in writing. We may suspend or cancel the order, by written notice if: 1. You fail to pay us any money when due (under the order or otherwise); 2. You become insolvent; 3. You fail to honour your obligations under these terms. LAW These conditions and all other express and implied terms of the contract shall be governed by the laws of Scotland. SEVERABILITY If any part of these terms and conditions is found to be illegal, void or unenforceable for any reason, then such clause or section shall be severable from the remaining clauses and sections of these terms and conditions which shall remain in force. ERRORS AND OMISSIONS We make every effort to ensure information provided is accurate and up to date , errors and omissions excepted. |
 |
