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1. In these conditions all references to the
Company are to Calandine Lifts Limited to the Customer are to
person firm or company by whom an order overleaf has been given
to the Company and to the Goods are to the goods the subject
of such order. All references to Sales Transactions are to orders
for the sale of goods by the Company to the Customer, all references
to Leasing Transactions are to orders for the supply of Goods
by the Company to the Customer where the customer has also applied
for lease finance and accordingly requested the Company to offer
the Goods for sale to the provider of such finance. 2. The Company's
price lists and quotations do not constitute offers made by
the Company. No order is binding on the Company unless and until
accepted in writing by a director on behalf of the Company.
In the case of Leasing Transactions any such acceptance is conditional
upon the Company being provided with written evidence that the
Customer has entered into a binding agreement for the lease
of the Goods with a person approved by the Company and that
any right of cancellation under any such agreement has expired.
Accepted orders are not subject to cancellation and in the event
of cancellation notwithstanding this provision any deposit or
other monies of the Customer held by the Company may be retained
by the Company. 3. Subject as stated herein the Company's obligation
in respect of an order is limited to the supply (and where the
same is indicated in the Company's written acceptance of order
the installation) of the goods Where works are required in order
to facilitate such supply and or installation such works are
solely the responsibility of the Customer (the Customer Works')
and the Company is not liable in any manner for any event directly
or indirectly related to a defect or delay in the Customer Works.
4. The price and terms of payment (including any deposit or
stage payments) shall be as set out in the Company's written
acceptance of order provided that the Company reserves the right
by notice given at any time before delivery and/or installation
of the Goods to vary the price thereof if, after the date of
written acknowledgement of order there is any increase in the
costs of any goods supplied to the Company for the purpose of
the Sales or Leasing Transaction. All prices payable are subject
to the addition of VAT. In the event of any payment becoming
overdue the Company shall be entitled to charge interest on
the amount remaining overdue from time to time at the rate of
1.5% per month and proportionately for any lesser period calculated
from the date when the payment becomes due (whether or not demanded)
until the overdue amount is paid. The Company reserves the right
to suspend further deliveries or performance of the services
and or cancel allowance of any credit in the event of any payment
not being made when due or if the Company at its discretion
at any time considers the financial circumstances of the Customer
have ceased to justify the terms allowed. 5. The Customer shall,
in respect of any order, he deemed, save where the contrary
is expressly agreed in writing by the Company, to have warranted
to the Company that all necessary Customer Works and other acts
necessary to facilitate the supply and where appropriate the
installation of the Goods will have been completed 28 days from
the date of the Company's written acceptance of order (the Installation
Date). The Customer further warrants that it will procure that
on and after the Installation Date all necessary facilities
are available to enable the Company, its servants or agents
or the installers of the Goods to have free and ready access
to the Customer's premises were the goods are to be delivered
and installed during normal working hours for the purpose of
such delivery, installation, commissioning, repair, maintenance
and or removal of such Goods. If the Customer, his servants
or agents cause the continuity of any work or obligation of
the company to be interrupted the Company reserves the right
to recover from the Customer any reasonable additional costs
and or expenses thereby incurred. The Customer will make available
prior to the Installation Date a suitable supply of electrical
current and electrical supply installation. 6. The Customer
shall obtain maintain and pay for any licences, permits, consents
or certificates from any Government Department, Local or other
Authority, Landlord or other third party necessary for the Goods
to be delivered, installed and operated. The Customer shall
not be released from its obligations to the Company by reason
of the absence, withdrawal or cancellation of any such licence,
permission, consent or certificate. 7. Any period or date for
delivery or installation of the Goods stated by the Company
is the Company's best estimate when stated but is not a contractual
statement. Should the Company's estimate prove inaccurate the
Company will use its best endeavours to notify the Customer
of the rescheduled date for delivery and installation at the
earliest opportunity. 8. Notwithstanding anything stated in
the Company's written acceptance of order the Company may invoice
for the full price of the Goods (or any outstanding balance
thereof) if, after the Installation Date, they are held available
for delivery and/or installation by or at the order of the Company
but such delivery and or installation is delayed by the instructions
of the Customer or for some other reason beyond the control
of the Company. 9. If, in the Company's reasonable opinion,
the Customer shall unreasonably withhold or refrain from issuing
any satisfaction note or other evidence of satisfactory installation
and/or delivery required in connection with a Leasing Transaction
the Company may in its sole discretion deem the order to be
in respect of a Sales Transaction and the full price for the
purchase of the Goods by the Customer shall immediately be due
and payable to the Company. I0. No property in or title to the
Goods shall pass to the Customer or to any other person until
their full price has been duly paid in cash to the Company.
If the Company does not receive the purchase price as aforesaid
when due it shall, without prejudice to any other remedies it
may have, be entitled to repossess the Goods from any premises
where they may be or to which they may be attached. For the
purpose of repossessing the Goods the Customer shall permit
the Company, its employees or agents to enter upon its premises
and the Customer shall pay to the Company the cost of removal
and transport of the Goods. Nothing in this Condition shall
confer any right on the Customer to return any of the Goods
or to refuse or delay payment therefore. 11. (a) The Company
does not seek to exclude or restrict any Iegal liability it
may have for death or personal injury resulting from negligence
of the Company, its employees, agents or sub-contractors. (b)
The Company's obligations hereunder are limited to the supply
and where appropriate installation of the Goods. In the case
of Goods supplied by the Company but not of its manufacture
the Company's liability shall be limited to such guarantee as
it receives from the manufacturers of the Goods The Customer
is accordingly recommended to ensure that it is in receipt of
a manufacturers guarantee and that it has made itself aware
of any procedures and requirements of the manufacturer relating
to such guarantee. The Company will use its best endeavours
to produce the performance of any such guarantee by the manufacturer.
(c) Without prejudice to the foregoing the Company cannot accept
liability in respect of any matter caused in the whole or in
part by: (i) Any act of the Customer or any third party. (ii)
Erroneous information or lack of information supplied by the
Customer as the Customers requirements in relation to the specification
or use of the Goods. (iii) Any matter beyond reasonable control
of the Company. 12. It shall be the responsibility of the Customer
to determine the suitability of the Goods and any services provided
in connection therewith, for their intended purpose and their
compliance with applicable laws, regulations, codes and standards
and the Customer assumes all risks pertaining thereto. 13. The
Company shall not be liable in respect of any Ioss or damage
of whatsoever kind or howsoever caused whether by reason of
the negligence of the Company, or otherwise, to premises, plant
or other physical property. In the event of Iegal liability
being established the Company shall not be liable to pay damages
arising from the aforesaid loss or damage. 14. The Company shall
in no circumstances he liable for the following loss or damage
howsoever caused and howsoever arising whether by reason of
the Company's negligence or otherwise even if such Ioss or damage
was, or ought reasonably to have been, in the contemplation
of the parties at the date the order was accepted as being likely
to occur: (a) Economic loss, which shall include without limitation,
loss of profit and business use. (b) Any other consequential
or indirect loss or damage (c) Any claim made against the Customer
by any other party In the event of legal liability being established
the seller shall not be liable to pay damages arising from the
aforesaid loss or damage. 15. If notwithstanding the foregoing
any liability is established against the Company hereunder its
total liability to the Customer shall in no circumstances exceed
the amount received by the Company for the goods. 16. The precise
limits of any appropriate insurance cover are primarily within
the Customer's knowledge thereby enabling the Customer to effect
its own insurance cover at more economic rates than the Company.
The Customer agrees that insofar as the Customer may require
any insurance cover the Customer shall effect the same, such
to include without prejudice the generality of the foregoing:
(a) Damage to physical property of any kind: (b) Economic and
other consequential loss or damage: (i) Thereby the Customer
acknowledges and accepts that it is reasonable for the Company
to limit its Iegal liability and its Iiability to pay damages
as set out in these Conditions. (ii) The Customer hereby agrees
and acknowledges that it will procure that its insurers shall
in no circumstances whatsoever have any rights or remedies against
the Company additional to those of the Customer. 17. The Customer
agrees to pay due regard to any information or advice relating
to the use of the Goods which are furnished to it whether by
the Company or any manufacturer and that it will take necessary
steps with a view to ensuring that the Goods will be safe and
without risk to health when used. 18. The rights of the Company
shall not be prejudiced or restricted by any indulgence or forebearance
extended to the Customer and no waiver of any breach shall operate
as a waiver of any subsequent breach. I9. If any term or condition
herein or part thereof is held to he invalid for any reason
by any Court or competent authority it is to that extent to
be deemed removed from these Conditions without prejudice to
the validity or other effectiveness of the remaining terms and
conditions. 20. These Conditions shall he governed in all respects
by English Law.
Copyright Information. The information on this
web site is protected by copyright. Unless specifically permitted,
no portion of this web site may be distributed or reproduced
by any means, or in any form, without activebrand's prior written
permission. Site content and design ©2005 Calandine
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