TERMS OF BUSINESS FOR THE SALE AND SUPPLY OF GOODS AND SERVICES
In the absence of express written agreement to the contrary all contracts with Peter Crockford t/a Sailtech are subject to the following terms of sale and supply.
a) “Sailtech” means Peter Crockford trading as Sailtech, its successors and/or its assigns.
b) “Order Confirmation” means the Company’s duly completed form of Order Confirmation
c) “The Customer” means the business entity or person named on the Order Confirmation.
(a) All contracts of supply are subject to English Law.
(b) All contracts of supply are subject to the non-exclusive jurisdiction of the Courts of England and Wales.
a) The Company reserves the right at any time to vary the price stated in the Order Confirmation in the event of any increase in the actual cost of labour or materials.
b) All prices in the Order Confirmation are ex. Works. The Company reserves the right to charge for packing, carriage and transit costs, including insurance, freight, documentation and any clearance costs. The Company also reserves the right to charge for storage and other costs should the Customer fail to take delivery of the goods.
a) The Company will supply goods and services as described and specified in the Order Confirmation.
b) In the absence of a full specification in the Order Confirmation the Company will supply goods and services described in the Order Confirmation in accordance with its specification current at the time of construction for those goods and services.
c) The Company reserves the right to vary any specification for goods and/or services from time to time without notice to the Customer.
d) The Customer shall not be entitled to reject the goods and/or services on the ground of departure from specification.
a) Where the Customer supplies the Company with a design or specific instructions as to the method of construction, the Customer shall indemnify the Company in respect of all damages, costs and expenses arising out of any claim against the Company for infringement of any intellectual property rights.
b) The Customer shall further indemnify the Company in respect of all damages, costs and expenses arising out of any claim against the Company in respect of the goods where the claim has arisen as a result of the Customer’s design or specific instructions as to the method of construction.
a) Delivery dates are given in good faith but the Company does not guarantee delivery on the quoted delivery date.
b) The Company shall not be liable for any consequences of late delivery unless such late delivery is caused by its wilful default or that of those for whom it is responsible.
c) Delivery will normally be given at one of the Company’s premises. If another delivery location is specified in the Order Confirmation then the Company shall make all reasonable endeavours to deliver at such location, or at such other location as is reasonable.
d) Property in and title to any goods and services supplied by the Company to any Customer shall remain vested in the Company until such time as the net total contract price (after allowance of any credit allowed by the Company against the order) shall have been paid to the Company without deduction whether by way of legal or equitable set off or otherwise. Further, the Company reserves the right to retain possession of any goods supplied by the Company or worked on by the Company, by way of a possessory lien, until the Customer has made full payment for the goods or services.
a) An initial payment of 50% of the Order Confirmation price is payable by the Customer to the Company on issue of an Order Confirmation. The Customer shall not except with the agreement in writing of the Company be entitled to cancel an order for any reason whatsoever. Such initial payment is non-returnable to the Customer in the event that the Customer purports to cancel the order.
b) The Company reserves the right to charge interest at 5% above the base rate of National Westminster Bank Plc (or other rate as may be notified by the Company from time to time).
c) Time for payment of sums due to the Company shall be of the essence and the Company shall be at liberty to terminate any contract for the supply of goods and/or services where monies remain unpaid for 3 calendar months and the Company may thereupon dispose of any goods appropriated to the contract and apply the proceeds of sale to payment of its costs, shortfalls and losses. Such sale shall be without prejudice to the Company’s rights to recover any losses from the Customer.
a) The Company does not warrant:
i) Any measure of performance of any goods supplied or serviced by the Company.
ii) Any goods or services independently warranted by their manufacturer or supplier.
iii) Any goods in any regard whatever that have been modified or adapted in any way by or on behalf of a Customer after delivery except with the Company’s express written approval to such modification.
b) No goods supplied to a Customer or serviced by the Company shall carry any warranty or condition of sale or supply, express or implied, as to quality or as to fitness for any particular purpose unless the Customer when he orders such goods or services sufficiently explains the purpose for which they are required and makes it clear that he is relying on the Company’s skill and judgment.
c) In no event does the Company accept liability to a Customer for consequential loss beyond the cost of replacement, repair or re-working by the Company of any unsatisfactory goods or services supplied by the Company (but not those goods or services independently warranted by their manufacturer or supplier), provided notice of such unsatisfactory quality is brought to the attention of the Company within 1 year of the date of delivery of such goods or the date of completion of such services.
d) Any claim by the Customer (whether excluded under these terms or not) shall in all cases be subject to observance by the Customer of the following mandatory code of conduct:
i) The Customer shall exercise reasonable care in inspecting any goods on delivery and from time to time thereafter and will exercise reasonable care in maintaining and using the goods.
ii) The Customer shall report any defect to the Company in writing as soon as reasonably practicable and in any event within fourteen days after such defect shall have become apparent.
e) Where goods are damaged in transit the Customer must within three days notify the Company in writing of such damage. In no event does the Company accept liability to a Customer for such damage beyond the amount the company is able to recover from the carriers, insurers or other third parties.
9. VALUE ADDED TAX
Except where otherwise stated the quotation is exclusive of VAT. The Company will charge VAT and other taxes as may be required by current UK or European legislation.
Sailtech, Sailtech, Unit 16 Kernick Business Park, Annear Road, Penryn, Cornwall, TR10 9EW, UK
Tel: +44 (0)1326 376550
Email: [email protected]