Terms and Conditions of Sale

Wed, 14 Dec 2011 14:32:46 +0000

I. FORMATION OF CONTRACT
1.1 All quotations are made, and all orders are subject to the terms and conditions contained herein.
1.2 The Buyer’s written or verbal order shall be deemed to be an acceptance of the terms and conditions herein, to the exclusion of any representations of statements made prior to contract, all other terms and conditions contained in the Buyer’s written or verbal order, or implied by law subject only to any variation as may be expressly agreed by Ace Refrigeration Ltd (herein after called the Company) in writing, signed by a Director. No salesman, employee, agent or representative of the Company’s authorised to vary, alter or modify the terms and conditions herein.
1.3 All descriptive matter and specifications in the Company’s leaflets, price lists and other advertising media do not form part of the contract. No design, drawing or specification shall be regarded as incorporated into the contract unless the final details thereof are stated in, or annexed to the contract.
1.4 The Company reserves the right to accept or refuse orders. The Company reserves the right to cancel any uncompleted order or to suspend delivery if the Buyer fails to observe his part of any te1m of this contract, or if the Company, in good faith suspects the Buyer may do so.
1.5 If one or more items herein prove to be invalid or unenforceable all other terms shall remain valid and enforceable.
1.6 No waiver by the Company of any default on the part of the Buyer shall be deemed to be a waiver of any prior or subsequent default, nor shall such waiver affect the right of the Company contained herein.
1.7 In addition to the rights and remedies of the Company expressed herein, the Company shall have the rights and remedies conferred by law, and shall not be required to proceed with the agreement if the Buyer is in default in the performance of this, or any other agreement with the Company.
1.8 The Buyer unde1takes not to remove, deface or obliterate the Company nameplate from goods sold subject to this contract.
2. PRICES
2.1 In addition to the prices stated herein the Buyer may be required to pay or reimburse the Company for any tax (except income or corporation tax), which may now or hereafter be imposed by any taxing authority in respect of the goods and services contracted for. In the event that the Company shall be required to pay such tax, the Buyer shall reimburse the Company for such payment.
2.2 The prices quoted are based on cost ruling at the date of quotation. The Company reserves the right to vary the quoted prices, should any fluctuation in these costs occur between the date of quotation or acknowledgement, and the date of despatch.
2.3 All prices quoted in the Compm1y’s prices list, leaflets, and other adve1tising media may be subject to alteration or withdrawal without notice.
2.4 Should the Company incur any extra cost due to lack of instruction, overtime working, abortive deliveries, suspension of the work, or delays caused by others, such extra cost will be added to the contract price and accordingly paid by the Buyer.
2.5 An extra charge above the price quoted will be made if the site where the equipment is to be installed is not ready, level, cleared, or easily accessible to normal transport on a ground floor site. It is the Buyers sole responsibility to obtain all necessary permissions and consents for an installation which may be required by Law or by third pa1ties.
2.6 All prices quoted are based on the Company’s standard production drawings. The Buyer may request reasonable variations to the agreed specifications and drawing but such variations must be approved by the Company in writing, and any extra cost arising to the Company there from shall be charged in addition to the quoted price. Under no circumstances may the Buyer instruct the Company’s workmen to carry out variations without such consent. The Company will not be liable for any damage of whatsoever nature arising from these instructions being ignored.
2.7 If any materials specified are not available the Company reserves the right, without notice, to substitute other material which in the opinion of the Company, are suitable.
3. EXTENT OF LIABILITY
3.1 The Company’s quotation does not include the following:
a) Any electrical wiring, plumbing, building works, making good, or any materials or services not specifically mentioned in the quotation.
b) Any casual labour, costs of hiring, lifting or handling equipment or scaffolding required to convey goods supplied to site.
c) Cost of lighting, power, heating and water required during erection and installation of the equipment at site.
d) Any insurances payable relation to the above.
The above items are to be provided and paid for by the Buyer.
3.2 The Quotation and specification are based on the assumption that the equipment can be installed in such position that there is available for the condensing process at all times, a constant supply either of free air at a temperature not higher than 80 F or ( in the case of water-cooled equipment) water at a temperature not exceeding 65 F at a sufficient pressure, and that the ambient temperature at the site does not exceed 80 F. If these conditions do not exist and that fact is not disclosed to the Company, the Company reserves the right (at the Company’s option), either to cancel the contract or to make an extra charge above the price quoted, for the cost of carrying out any modifications necessary, or to cancel the warranty.
3.3 The Company will carry out installation in a workmanlike manner and to the best of its ability, but shall not be liable for any damage caused to persons or property in or about the premises caused by reasons beyond the control of the Company or its employees.
3.4 If, after delivery, but before completion of the installation, damage to or destruction of any part of the equipment on site occurred, arising from any accident, theft, of malicious intent or from war, fire or any cause beyond the Company’s control the Company shall make good the damage or destruction and will make an extra charge to the Buyer in respect thereof the Buyer must pay. The extra charge will be calculated in accordance with the Company’s standard charges and terms. If further work shall be impractical the Buyer shall pay for the equipment and labour already supplied, and the contract shall be at an end.
3.5 The Buyer shall be solely responsible for the cost of protecting the equipment from damage or destruction after delivery, howsoever caused.
3.6 Where the Buyer is to provide materials to be used in connection with the contract they must be in good condition and suitable for the purpose for which they are intended. Any replacement found necessary after inspection and/or testing by the Company (who’s decision in this respect will be final) will be charged for in addition to the quoted price.
3.7 The Company accepts no liability arising from or contributed to by the fixing of equipment by the customers or by contractors employed by them or from placing on equipment of articles of excessive weight.
4. DELIVERY
4.1 The delivery date referred to in the Company’s acknowledgement of order shall only be regarded an estimate of the actual date of delivery. The Company shall not be bound to deliver on the estimated delivery date nor shall the Company be liable for any delay in delivery unless specifically agreed in writing from the Company’s head office.
4.2 A specifically agreed delivery date will only be given on the condition that the Company will in no way be obstructed in its work by the insufficiently advanced work of other traders or partners engaged upon the same site installation. Such other work must be completed early enough to allow the Company sufficient time to carry out its own work. Delay caused in this way shall relieve the Company from all liability to meet any specifically agreed date.
4.3 Notwithstanding any agreed date under clause 4.3. The Company shall not be liable for loss or damage arising from delays in delivery resulting from acts of God, Government orders, strikes, war or delay in delivery of manufacturing material, or any circumstances beyond the Company’s control. None of these events shall entitle the Buyer to cancel the contract, and the delivery day shall be extended accordingly.
4.4 Where delivery is delayed upon the Buyers request or due to the lack of delivery instructions, due to the Buyers delayed payment of his account the Company shall have the right to charge storage costs, which the Buyer shall pay. Storage shall be charged at 2% of invoice for each completed month which delivery is delayed beyond the stated delivery date.
4.5 The Company may make, and the Buyer shall accept partial deliveries when required by the Company.
4.6 On delivery all risk in connection with the goods shall pass to the Buyer.
4.7 No goods despatched under this contract may be returned to the Company, unless prior written consent is received from the Company’s head office. No claim shall be allowed nor credit given for goods returned without such consent, regardless of whether or not the returned goods a accepted.
4.8 If the Company attempts to effect delivery, and such an attempted delivery is aborted due to the Buyers refusal to accept goods for whatsoever reason, then unless the Buyer shall have given the Company reasonable written notice of the Buyers wish to postpone the delivery date, the Company shall have the right to charge the Buyer with all costs and expenses of the abortive delivery.
4.9 The Buyer should cover the equipment being delivered for fire and theft even if the goods are on short-term loan or hire.
5. NOTICE OF DEFECTS
5.1 The Company is obliged to notify all claims to its carriers within 7 days of deliver Consequently, claims regarding incomplete delivery or notices of defect must be submitted to the Company in writing not later than 10 days after the delivery of the goods, and must be sufficient evidenced. If complaints are not submitted within this time the goods shall be deemed to have been duly delivered and in perfect condition.
6. PAYMENT
6.1 Unless otherwise agreed by a director of the Company in writing, payment of the full invoice prices shall be made by the Buyer on or before delivery of the goods.
6.2 Where goods are delivered by instalments payments shall become due as in clause 6.1 as each delivery is made.
6.3 Should the Buyer fail to observe any term of the contract or if the Company in good faith, believe that the Buyer may fail to observe any term of the contract, or doubts the ability of the Buyer to pay, then the full price of any goods already delivered and work done, and any sum or payable on account shall immediately become due and payable. In such circumstances, the Company reserves the right to cancel or suspend the contract and its option, and the Company expressly reserves its right lien, stoppage in transit and the right to re-sell conferred under the sale of good act, 1893.
6.4 Where the Company is all ready to complete the contract on or after the acknowledged delivery date but is delayed from doing so at the Buyers request the Company shall thereupon have the right to charge and receive immediate payment of all goods and services supplied pursuant to the contract.
6.5 The Company reserves the right to set off payments made by the Buyer against any outstanding amounts due to the Company, regardless of the purpose of the payment specified by the Buyer.
6.6 All costs incurred by the Company in collecting overdue accounts (including all legal expense) shall be borne by the Buyer. The Company reserves the right to charge interest of 12% per month on all overdue accounts.
6.7 The property in the goods sold and delivered hereunder shall remain in the Company until the full purchase price together with all charges for extra work or materials, storage, interest or otherwise payable under the contract of these conditions of sale have been received in full by the Company.
6.8 Where payment terms are not adhered to the Company reserves the right to collect any goods has supplied in the contract during normal working hours, dispose of them and credit the Buy with a reasonable value depending on their condition after removal.
7 WARRANTY
7.1 The Company hereby warrants, subject to clause 7.2 and 7.3 hereof that each new product or paid and supplied under the contract shall be free from defects in material and workmanship.
7.2 The Company’s obligations under this warranty shall be limited at the Company’s option of repairing or replacing ex-works or allowing credit for any part of which under the normal and proper use and maintenance proves to the Company’s satisfaction to be defective in material are workmanship within 12 months of the original dated of delivery provided notice of such to defer and satisfactory proof thereof shall be promptly given to the Company at its request and at the Buyers expense. All labour, travel or carriage costs involved in effecting such replacements or repairs shall be borne by the Buyer.
7.3 This warranty does not apply:
a) to second hand products supplied hereunder;
b) to damage to any part caused by overloading, abuse, misuse, tampering, neglect or accidently putting to use other than normally recommended by the Company;
c) to any product or part repaired, altered or assembled by anyone other than the Company, the supplier or its appointed installation or service contractor, which in the sole judgement of the Company affects the performance, stability, or purpose for which it was manufactured;
d) to payment of removal or installation charges of warranted parts;
e) to loss of food or contents of the equipment;
f) to the condensing unit used with the equipment unless such a unit was supplied by the Company;
g) for any claim in excess of the contract price;
h) where the Buyer or its agent has inspected and approved the goods prior to delivery;
i) to any additional damage caused by the Buyer’s failure to notify the Company of a defect accordance with clause 7.2 hereof.
7.4 This warranty is in lieu of all other warranties expressed or implied, including any implied warranty of merchantability or fitness for a pa1ticular purpose, and in no event shall the Company be liable for consequential loss or special damage.
7.5 The Company hereby limits liability upon any claim arising in respect of negligence by the Company in the manufacture of a pat of a new product of the terms and conditions of the obligation as defined in clauses 7.2 and 7.3 hereof. Further, in the event that the Company should be the subject of a claim in negligence by any other party in respect of a part on a new product supplied to the Buyer, the Buyer shall indemnify the Company for any such clause which exceeds the limitation of liability as set out previously herein.
8. GENERAL
8.1 Once the Company has acknowledged the Buyer’s order, the Buyer may only cancel the order if the Company agrees to accept such cancellation, in such an event the Company reserves the right to charge a cancellation fee in respect of its cost, which the Buyer shall pay.
8.2 The Company may assign this contract, or any claims arising therefore, to third parties without the Buyers consent.
8.3 Any notice, request or demand to be given hereunder shall be given in writing by post sent of the last known address of the party to be notified, and shall be deemed to have been given on the day following that on which it was posted.
8.4 Any clerical errors or omissions contained by the Company’s quotation, acknowledgement invoice shall be rectified by the Company on discovery and immediately notified to the Buyer such errors or omissions shall be binding on the Company and the rectification thereof shall not invalidate the contract.
8.5 The Company reserves the right to sub-contract any order or part of an order.
8.6 Goods manufactured by the customers’ designs carry no warranty of conditions except that they comply with the design.
8.7 New approved account customers are requested to supply name and addresses of two trade are one bank so that we can take references before supplying their first order.

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