(a) Unless otherwise stated the goods of which particulars are given in this document are sold subject to the following general conditions and none of the Buyer’s general and specific terms of business shall be included in this contract save in so far as they are expressly recorded and confirmed in writing by us in our acceptance of the Buyer’s order of offer.
(b) No variation, waiver or modification of these Conditions of Sale made or purported to be made and whether before at or after contract by any of our servants agents or representatives shall be of any effect unless expressly recorded and confirmed in writing by us.
The Contract shall be deemed to be concluded only upon the written acceptance by us of the Buyer’s order of offer. If the Buyer shall make default in or commit any breach of any of his obligations to us or if any distress or execution shall be levied upon the Buyer his properly or assets or it he the Buyer shall make or offer to make any arrangements or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented and made against him. or if in Scotland he shall become insolvent or not our bankrupt, or if the Buyer shall be a limited company and any resolution or petition to wind up such company’s business shall be passed or presented otherwise than for a reconstruction or amalgamation or it a receiver of such company’s undertaking properly or assets or any part thereof shall be appointed we shall have the right forthwith to determine any Order or Contract then subsisting and upon written notice of such determination being posted to the Buyers last known address or registered office any subsisting order or contract shall be deemed to have been determined without prejudice to any claim we might otherwise make or exercise.
(a) In the event of any increase in the cost of custom duties or import licences between the date of quotation and the date of delivery the price of the goods stated in the quotation shall be increased by the amount of such increase in custom duties or import licence.
(b) In the event of any difference between the official rate of exchange (of the currency shown in our quotation and the currency in which payment is to be made) as stated in our original quotation and the rate of exchange at the date monies are transferred to us by the buyer for such payment. then the price of the goods shall be increased or decreased by the same percentage as the official rate of exchange shall have increased or decreased For the purposes of clarity we will include in the original quotation the official rate of exchange at the date of the quotation and equivalent price in the currency in which the buyer is to pay.
(c) The quotation given only includes the cost of carriage, insurance, freight and import duties or charges, normal expenses of installation or testing when so stated in our written quotation. If installation is so included and an inspection of the proposed installation site reveals that the cost and expense of installation of any machinery offered, will be abnormal on account of the need to effect alterations to in or about the installation site or to hire equipment from any other person or any similar cause, any costs and expenses attributable to such causes shall be met by the Buyer. We shall endeavour to inform the Buyer of such probable further costs and expenses at the earliest practicable opportunity.
(d) All estimates and quotations are exclusive of VAT and VAT will be charged where applicable at the rate in force as at the date of delivery.
Customers are invited to attend pre-delivery trials where the equipment will be fully demonstrated. Delivery will be made once the equipment has been approved.
(a) We shall be relieved of all liabilities incurred under this Contract wherever and to the extent to which the fulfilment of such obligation is prevented frustrated or impeded as a consequence of war invasion act of foreign enemy hostility (whether war shall have been declared or not) civil war rebellion revolution insurrection riot or military or usurped powers or by any statute rules regulations orders or requisitions issued by any government department council or other duly constituted authority or from strikes lockouts breakdown of plant or any other causes (whether or not of a like nature) beyond our control.
(b) If we deliver the goods in more than one consignment although the Contract of Sale does not envisage split of instalment deliveries the Buyer shall not for that reason be entitled to refuse any or all of the consignments. The Buyer shall pay all reasonable storage charges for that period subsequent to the date of delivery during which the Buyer fails or neglects for whatever reasons to take delivery of the goods.
(c) Dates stated in the contract for delivery are approximate only and we shall not be liable for any loss or damage of any kind and howsoever arising by reason of any failure to deliver on such stated dates.
(d) No claim for damages in transit. shortage of delivery or loss of goods in transit can be accepted unless (i) in the case of damage in transit or shortage of delivery a separate notice in writing is given to the carrier concerned and to the seller within three days of receipt of goods, followed by a complete claim in writing within five days of receipt of goods (ii) in the case of loss of goods, notice in writing is given to the carrier concerned and to the seller, and a complete claim in writing made within twenty-one days of the date of the consignment.
(e) In the case of goods ordered the Buyer shall allow the Seller the right to deliver against any order an excess or deficiency of up to 10% of quantity, weight, area or volume ordered. The goods invoiced will be the quantity, weight, area or volume actually delivered.
(a) The Buyer shall pay the agreed price for the goods at such date or dates as is confirmed in writing by us in our quotation In the event of there being no quotation or no confirmation in writing of such date the Buyer shall pay the agreed price within 30 days following the end of the month in which the goods are invoiced.
(b) Without prejudice to condition (a) hereof should the Buyer fail to pay the said price or any part thereof within the said period of 30 days or on the date specified in writing the Buyer shall pay interest on all amounts outstanding in respect thereof at the rate of in £ of 1.50 per Cent per month such interest to be compounded and added to the amount outstanding monthly until payment. such interest to be chargeable from the date due for payment until payment of all amounts outstanding in respect of the price and such interest.
(c) It any payment IS in arrear for or on account of or in respect of any goods spare parts or service or any instalment of goods or part of an order delivered under this or any other Contract between us and the Buyer we shall have the absolute right without giving any notice to the Buyer to suspend further deliveries and services under this or any other such Contract and if any such payment or any part thereof shall remain in arrear for seven days after written demand sent by us to the Buyer we shall have the right to cancel this and any other such Contract without prejudice to all our rights and remedies recover any monies then due and owing to us from the Buyer.
(a) As soon as the goods or any part thereof have been delivered the goods or that part shall be at the risk of the Buyer who shall insure the goods for the period from the date of delivery until the passing of the property in the goods to the Buyer against any loss of or damage thereto or any part thereof except in those instances where the selling price of the goods includes installation when the goods will remain at our risk and insured by us until they have been installed or for up to 30 days from the date of delivery whichever shall be the sooner.
(b) The Buyer shall take all reasonable precautions to prevent loss, damage or accident arising during unloading of the goods on delivery.
All offers for sate include such goods accessories and work as are specified in the quotation comprising this offer.
Statements or representations of whatever kind and however made including but not confined to those as to weights, measurements, power consumption, performance, descriptions, details of designs, prices and charges and whether contained in drawings, floor plans, catalogues, advertisements, brochures, photographs, descriptive materials, verbal representations or otherwise are approximate only and shall not be binding upon us or in any way form part of the Contract unless expressly stated so to do.
The terms “Agents” or “Representatives” as applied to those firms or individuals with whom we have made arrangements for the sale of the goods are nominal only and indicate only that they are our local representatives appointed for the convenience of our customers through whom enquiries or orders may be received and dealt with by us. They are not authorised by us to incur any liability, give any guarantee or warranty, make any representations or transact any business on our behalf other than the sale and servicing of our goods upon the terms of our conditions of sale.
Where the selling price of the goods includes installation and demonstration, a technician will assist and advise the Buyer’s skilled operator in the working of the equipment. Within this period the equipment is to be considered as under the charge of the Buyer who shall supply all necessary materials at his cost for the purpose of the demonstration.
The Buyer will be responsible for the cost of taking electrical supply to the site of the equipment and for the cost of such work as may be necessary. to provide a foundation which complies with our specification or the equipment to be installed.
Any equipment supplied will be guarded to comply with the Health & Safety at Work Act 1974 and the conditions as laid down in the CE regulations. Additional guarding required to comply with specific company or local regulations will be supplied at additional cost.
(a) Subject to the provisions of this clause all our Equipment is fully guaranteed in respect of the cost of both parts and labour for repairs for 6 months or 1000 hours use from the date of installation whichever is the lesser.
(b) The Buyer agrees to return any defective part which is replaced under warranty to us for examination within ten days of replacement or as soon as will be reasonably practical.
(c) This guarantee will not be binding upon us where defects have arisen through wear and tear, improper usage or accident.
(a) Subject only to the Unfair Terms Act 1977 and any amendment modifications thereto and subject to the terms of clause 14 hereof all conditions, warranties, representations expressed or implied by common law statute, custom of or trade course of dealing or otherwise are excluded.
(b) We shall not under any circumstances be liable to the Buyer for and the Buyer will indemnify and hold us harmless against all claims of whatever kind and howsoever and from whomsoever arising for spoilage of material loss of production wastage. of labour and loss of profit.
(c) Our liability in respect of any claim arising from injury to or the death of any person or damage to properly caused by the negligence of our employees agents or sub-contractors in connection with the carrying out of this contract shall be limited to a total of £5,000.000 in respect of all such occurrences.
(d) Our maximum liability for breach of contract or negligence shall be a sum equal to the total price of the goods except in the circumstances referred to in paragraph 16(c).
Advanced Dynamics Limited shall not be liable for any consequential losses howsoever caused.
All equipment complies with the essential safety requirements of the machinery directive 89/392/EEC, 91/368/EEC and 93/44/EEC enacted in the United Kingdom by the supply of machinery (safety) regulations 1992 and will be plated with the ‘CE’ mark.
The equipment supplied is guaranteed for a period of 12 months from the date of delivery. This guarantee covers parts subject to all faulty items being returned to Advanced Dynamics Limited.
This parts warranty does not extend to misuse, non-compliance with routine maintenance procedures, use of the equipment outside the parameters of operation specified at the time of order and wilful damage.
A full after sales-service for spares and engineering support is available. Spares prices and call out rates are available on request. Please contact the service manager on 01274 731222.
The equipment will be provided with one copy of an illustrated instruction manual complete with spare parts diagrams and parts listings.
All quotations are open for acceptance for a period of 30 days from the date shown herein.
This quotation outlines the product, output rate and label details as supplied by the customer. Advanced Dynamics Limited cannot be held responsible for the performance of the equipment here specified on any product or label not detailed in this quotation.
Advanced Dynamics Limited reserves the right to alter specifications laid out above within the agreed parameters of performance. Price and delivery will be confirmed at the time of order.
A full range of samples must be provided at time of order to assist in design and testing of the equipment.
Advanced Dynamics field engineering staff will carry out machine positioning, adjustment, testing and commissioning. Operator instruction on the care and operation of the machines will also be given. If more detailed engineering personnel training is required, a quotation may be requested from our Service Manager. The commissioning time shown on this quotation has been calculated on the basis of full and unrestricted access to site at all times, during normal working hours. Any delays, not of our making, leading to an extended commissioning period, will result in additional charges. Unless otherwise stated in this quotation, Advanced Dynamics Ltd does not accept responsibility for:
a) Electrical and compressed air services to convenient isolators adjacent to each machine, which should be provided in advance of the mutually agreed installation date. In order to comply with Health & Safety Legislation, these services must be supplied in accordance with normal safe practices.
b) Connecting services to the machines, nor providing any fitting required, other than from a local adjacent supply, previously installed.
c) Providing and installing compressed air piping, bracketing etc, except where specifically described as Advanced Dynamics Ltd responsibility in this quotation.
d) Lifting and handling services on site, throughout the installation period.
e) Structural alterations required for access to the packaging room.
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(a) These conditions of sale and any contract of which they and quotations given by us form part shall be construed solely according to the laws of England.
(b) Any contract shall be deemed to have been made in England.
(c) In the event of any dispute of whatsoever nature arising out of or in connection with this contract or the performance thereof the Buyer hereby agrees to submit to the jurisdiction of the English Courts and shall not commence proceedings in any other jurisdiction in relation thereto.