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1 Basis of Sale
1.1 All transactions are based upon and are subject to the terms and conditions below which shall prevail over any other terms and conditions and no variation of the terms and conditions shall be binding unless agreed in writing by the Company’s authorized representative.
1.2 In these terms and conditions “The Company” shall mean Calandine Lifts Ltd and “you” shall mean the person, firm or company accepting a quotation of the Company for the sale of goods or whose order for goods is accepted by the Company.
1.3 Subject to the provisions of condition 10 the price of the goods shall be as quoted or where no price has been quoted the price listed in the Company’s published price list current at the date of acceptance of the order.
1.4 The price is exclusive of value added tax which you shall (where applicable) be additionally liable to pay the Company.
1.5 Quotation prices are only valid for 30 days. 2 Payment
2.1 All accounts must be paid net cash no later than 30 days following the date of the invoice.
2.2 Interest will be charged on all sums overdue at the rate of 4% above Barclays Bank Plc base rate to be calculated from day to day to run from the invoice date to the date of payment both before and after any judgment, or such higher rates as may from time to time be prescribed by law.
2.3 The time for payment of the price shall be of the essence. 3 Delivery
3.1 Delivery dates are given in good faith but any time or date quoted by the Company for delivery is an estimate only and the Company shall not be liable for any damages or loss whether direct or consequential caused by any delay in delivery.
3.2 You shall have no right to rescind the Contract on the ground only that delay in delivery has occurred.
3.3 Unless otherwise agreed in writing, delivery shall be ex works. The Company shall at your expense make such arrangements for carriage as it thinks fit. 4 Force Majeure
4.1 Should the manufacture or delivery of any goods or any part thereof whether by the Company or any contractor or carrier be prevented or hindered cause beyond the reasonable control of the Company then, without prejudice to any other of the Company’s rights, the Company shall have the right to suspend or cancel any obligation then unperformed without prejudice to the Company’s right to payment in respect of any goods supplied or services rendered prior to such suspension or cancellation and without payment to you of any compensation for any direct or consequential loss that you may suffer. 5 Warranty
5.1 The company warrants that all goods and parts supplied by them are of satisfactory quality within the meaning of the Sale and Supply of Goods Act 1994. If they are not, the Company will, for a period of 12 months after delivery or installation by it (whichever is the later) and at its option, replace any such goods or parts or rectify the said goods or parts at its own expense. Defects arising from misuse, accident, incorrect specification supplied by you, incorrect installation (where not installed by the Company), installation in any inappropriate location, or any other matters beyond the control of the Company are not covered by this warranty.
5.2 The warranty in this clause does not affect your statutory rights.
5.3 You shall not assign the benefit of the warranty contained in this clause.
5.4 The Company shall be under no liability under the warranty contained in this clause (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment. 6 Spare Parts
6.1 You shall indemnify the Company in respect of liability to any person caused by the addition to any goods supplied by the Company of any part which is not a Company designated part and the Company shall have no liability to you for loss or damage or injury directly or indirectly caused by such addition. 7 Limitations on liability
7.1 Except in respect of death or personal injury caused by the negligence of the Company, it’s servants or agents, the Company shall not be liable to you by reason of any representation of any express or implied warranty, condition or other term or any duty at common law for any consequential loss, damage, costs or expenses which arise out of the supply of the goods or their use or resale by you except as expressly provided by these conditions.
7.2 Except in respect of personal injury or death to any person (for which no limit applies) the liability of the Company under these conditions shall not exceed the limit from time to time of the Company’s insurance in respect of the type of claim in question. 8 Rejection of defective goods
8.1 If you claim that there is a defect in the quality or condition of the goods or any part thereof or that they fail to correspond with their description or sample you must notify the Company in writing in writing within fourteen working days of the delivery of the goods or their installation by the Company (whichever is the later) and dispatch the allegedly defective goods to the Company within three weeks of their delivery to you or their installation by the Company (whichever is the later).
8.2 If you fail to comply with condition 8.1 you shall not be entitled to reject the goods and the Company shall have no liability for such defect or failure and you shall be bound to pay the full price of the goods.
8.3 Where any valid claim is made by you in accordance with condition 8.1 the Company shall be entitled at its option either to:
8.3.1 Refund to you the price of the goods (or a proportionate part of the price) and any related transport costs paid by you.
or
8.3.2 Replace the goods as soon as reasonably practicable and redeliver the goods at the Company’s expense.
or
8.3.3 Rectify the defect or failure as soon as reasonably practicable and redeliver the goods at the Company’s expense. The Company shall have no further liability to you. 9 Cancellation and amendment of order
9.1 No order placed by you or your agent may be cancelled or amended unless it is specifically agreed otherwise in writing. Goods returned must be authorised in advance by contacting our customer support dept and obtaining a collection note number. Goods returned will be subject to inspection, with a minimum handling/collection charge of £50. Order cancellations may be subject to a charge of up to 50% of the price of goods. Call out charges for abortive installation of product, without prior notice will be as follows:-
No notification by you - £500 0-5 days notice by you - £250 5-10 days notice by you - £150
10 Price Variations
10.1 If the delivery of the goods is delayed at your request for more than thirty days after the first day of the week in which delivery is due, the Company is entitled to increase the price of the goods to that shown in the current price list of the Company at the actual date of delivery, together with a charge for storage. 11 Termination
11.1 The company may, without prejudice to any claim or right it may otherwise make or exercise and without payment of any compensation for any direct or consequential loss you may suffer, terminate any contracts with you forthwith by giving you written notice if:
11.1.1 A petition is presented to wind you up or you enter into any liquidation (other than for a reconstruction or amalgamation) or a receiver or administrator is appointed in respect of any of your assets or you enter into any composition or arrangement with your creditors or you cease to carry on business.
or
11.1.2 You commit any breach of this contract and fail to remedy it (if remediable) within fourteen days of receipt of your notice complaining of such breach. 12 Passing of Risk
12.1 Risk of damage to or loss of the goods shall pass to you at the time of delivery to you or, if you wrongly fail to take delivery of the goods, the time when the Company has tendered delivery of the goods. 13 Retention of the Title
13.1 The goods shall remain the Company’s property until they have been paid for and all other monies owing by you to the Company have been paid in full and unconditionally. In the event that you resell the goods the Company’s entitlement shall attach to the proceeds of the sale so that such proceeds or any claim therefore shall be assigned to the Company and until such assignment shall be held on trust in a separate identified account for the Company by you.
13.2 In the event of failure to pay the price in accordance with the contract, the Company shall have the power to resell the goods such power being additional to (not in substitution for) any other power of sale arising by operation of law or otherwise. Accordingly, the Company and it’s servants and agents may forthwith enter upon any premises or land occupied or owned by you in order to remove the goods. 14 Installation
14.1 The Company shall be entitled at any time to cancel any contract for the installation of goods or at it’s option to increase the price therefore if in it’s absolute discretion it shall consider the performance of the contract to be more expensive or not to be feasible or that any item to be installed could not be safely used. 15 Modifications
15.1 The Company has the right in respect of any contract to modify any design or specification or to use materials different to those specified in the Contract. 16 Law
16.1 The contract and its performance is governed in all respects by English law and the English Courts shall have non-exclusive jurisdiction over any dispute or difference arising out of or in connection with the Contract.
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