1.1 All quotations issued and offers made by Industrial Washing Machines Limited (“the Company”) and all offers accepted by the Company are subject to the following Conditions of Sale, which shall override any conditions of purchase of the customer (“the Customer”).
1.2 Each contract for goods and/or services shall incorporate these Conditions of Sale and shall be governed by and interpreted in accordance with English Law and subject to the exclusive jurisdiction of the English courts.
1.3 If any one or more of these provisions shall be adjudged by any court to be unenforceable or void then only those particular provisions shall be unenforceable but the remaining provisions of these Conditions of Sale shall continue in full force and effect.
1.4 The Customer acknowledges that the Customer has not entered into any contract for sale with the Company as a result of any representation or warranty oral or written made by or on behalf of the Company, which is not set out in these Conditions of Sale.
1.5 All other terms conditions or warranties are excluded from any contract between the Company and the Customer to the maximum extent permitted by law.
1.6 No variation of these Conditions of Sale is to have any effect unless accepted in writing by the Company.
2.1 The Company reserves the right to alter the specifications of any goods without prior reference to the Customer provided that such alteration does not reduce the standard of the previous specification or conflict with the special requirements in the Customer’s order. Where specifications are to be supplied by the Customer, the Customer shall supply the same in reasonable time to enable to Company to complete delivery within the period named. Any changes to specification from the Customer following placement of order may carry additional charges.
2.2 All plans, illustrations etc. are intended to give a general outline of our proposals and are not binding to details nor to final sizes or arrangements. All drawings/specifications are supplied on the express terms that they are to be treated as private and confidential and are not to be copied or communicated to a third party without our written consent.
2.3 All dimensions, weights, powers, capacities or other particulars of machinery or other goods are given approximately unless otherwise stated, and minor deviations therefore shall neither vitiate the contract nor form the basis of any claim against us. Any particulars given are subject to correction at any time.
2.4 Unless otherwise requested the Company will work to its own standard components.
3.1 The property of the goods shall remain with the Company and shall not pass to the Customer until the Customer shall have paid the full price due (in cash or in cleared funds) in respect of the goods supplied and all other sums which are or which may become due to the Company on any account. Until such time as payment in full for the goods has been received by the Company the Customer shall hold such goods or any monies representing the sale proceeds thereof as trustee for the Company and shall store the goods (at no extra cost to the Company) separately from all other goods of the Company or any third party in such a way that they remain readily identifiable as the Company’s property.
3.2 If payment (or part payment as per our terms of purchase) of the goods supplied is overdue, or if any act or proceedings involving the Customer’s solvency is commenced, the Company may on prior notice, without prejudice to any of its other rights, repossess the goods or any other goods supplied by the Company as it sees fit and may itself, its servants or its agents enter upon any premises upon which such goods are stored for that purpose.
3.3 All risks in respect of the goods shall pass to the Customer on delivery to the Customer’s site.
4.1 The price of the goods will be the Company’s quoted price which will be binding upon the Company provided that the Customer accepts the Company’s quotation within 30 days. All prices stated will be in pounds sterling unless stated otherwise.
4.2 The price is exclusive of Value Added Tax which will be due at the rate ruling at the date of the Value Added Tax invoice.
4.3 Unless otherwise agreed by the Company all prices shall be exclusive of carriage charge.
5.1 The Company’s normal payment terms for machinery are:
PAYMENT (UK STANDARD TERMS)
35% Down payment with official order (Non-Refundable).
60% On completion at our works and prior to delivery
5% No later than 28 days from date of delivery
PAYMENT (OVERSEAS STANDARD TERMS)
35% Down payment with official order (Non-Refundable).
65% On completion at our works and prior to delivery
5.2 PAYMENT FOR SPARE PARTS OR SERVICE – Strictly 30 days net account. For service/refurbishment costs above £5,000 A deposit may be required subject to terms.
An Administration Fee of 15% will be charged for restocking of returned goods unless faulty or incorrect. Carriage will be charged in full. We reserve the right to vary the fee charged.
5.3 Time for payment shall be of the essence.
5.4 If the Customer shall not make such pre-payment as requested the Company shall be under no liability to supply any goods to the Customer.
5.5 If the Customer fails to pay the Company any sums due pursuant to the contract, the Customer shall be liable to pay interest to the Company on such sum from the due date for payment
at the annual rate of 4% above the base lending rate of Barclays Bank plc, accruing on a daily basis until payment is made, whether before or after judgment. The Company reserves the
right to claim interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
6.1 Delivery of the goods will not take place until the goods have been inspected at our works in accordance with the contract and the delivery payment made in full. Any modifications or rectification’s required by the Customer at this inspection must be put in writing and, provided the Company agrees to the same, re-inspected when complete. A letter of acceptance will be required to be signed by a representative of the Customer prior to delivery. Should the customer decline to inspect the goods prior to delivery for whatever reason, the pre-delivery payment will become due immediately and the Customer will be deemed to have accepted the goods and may lose the right to claim of any defects after the goods have been delivered.
6.2 Unless otherwise agreed in writing by the Company, delivery of the goods shall take place at the Customer’s site.
6.3 It is the Customer’s responsibility to unload the equipment from the transport and to site it in its operational position at its premises. Subject to the other provisions of these Conditions of Sale the Company will accept no liability for any damage to the goods, to the Customer’s premises, goods or any injury to any person, howsoever caused.
6.4 Whilst the Company will use all reasonable endeavours to deliver the goods at the time quoted for delivery, (in accordance with the terms of our quotation), the Company will not be liable for any consequences of late delivery however caused. The Customer shall have no right to damages or to cancel the contract for late delivery.
6.5 If any machine or equipment is completed by the Company to meet a specific delivery date, and if for a reason outside of the Company’s control that machine cannot be delivered by that date, the Company reserves the right to charge for suitable storage costs – either at our factory or an external storage depot. All associated costs for lifting, loading and transport will be added to the cost.
6.6 Where it is agreed in writing that the Company will undertake installation, the Customer shall provide all necessary facilities, including suitable access to the site, proper foundations ready for the plant when delivered, adequate lighting, electrical supply, drainage facilities, water supply and suitable protection. Unless expressly mentioned, quotations are exclusive of builders, joiners, masons, plumbers, painters, electricians, or any other trades work. Such work in conjunction with the contract shall be carried out in proper time so that we are not hindered, but should we incur extra cost owing to such hindrance or to any delays, interruptions, overtime, mistakes etc. for which we are not responsible, such extra costs shall be added to the contract price and paid accordingly.
7.1 All goods will be guaranteed for a period of 12 months from date of delivery. The Company’s liability in respect of defects in the equipment shall be limited to the replacement of faulty items or material, or the issue of credit notes in respect thereof, or the granting of a refund or such other compensatory measures as the Company at its discretion considers appropriate in the circumstances. The Company will not be under any liability whatsoever to the Customer in respect of direct, indirect or consequential loss or damages or loss of profits sustained by the Customer.
7.2 All defects or problems with the goods must be reported to the Company in writing stating exactly what the problem is. A representative of the Customer must sign the report. The Company shall not be liable to remedy any problems or defects if the Customer fails to report any such defects or problems accordingly, or if the Customer makes any attempt made by the Customer to remedy such defects or problems without the consent of the Company.
7.3 Attendance at a Customer’s site under the terms of this guarantee, unless otherwise agreed, will only be undertaken Mon-Fri between the hours of 8am-6pm. In all cases a covering order number will be required, and the Company reserves the right to charge where applicable at the standard rates. Any weekend or out of hours work will be chargeable accordingly.
7.4 If any problem is deemed to be caused through the Customer’s negligence in any form, the full costs of the repair work will be chargeable, including any damaged components. Where repair work is deemed to be necessary due to negligence by the Customer, the Customer must ratify the official order before work will commence. Any repair work will be charged using applicable hourly rate, including travel and mileage plus parts.
7.5 At the Company’s discretion, faulty components can be returned to the Company’s premises for repair under warranty. In these circumstances it is the Customer’s responsibility to ensure that any goods so returned are insured, the Company will not be responsible for goods that are lost or damaged in transit. A full copy of our engineering service rates is available by request.
7.6 The Company recommend regular service by its dedicated engineers or an approved sub-contractor/agent. The Company also recommends a suitable stock of spare parts be held at the Customer’s premises.
7.7 It is hereby accepted that any purchase of the Company’s equipment has been made following the Customers own evaluation processes in good faith and the Company shall not be liable to conform to any specific performance standards or acceptance criteria unless contractually agreed and officially documented.
7.8 Notwithstanding any other clause of these Conditions of Sale, nothing in these Conditions of Sale shall operate to limit the Company’s liability for death or injury caused by its negligence or fraud.
A full copy of the Company’s insurance details is available by request.
In the event of cancellation by the Customer, the Customer agrees that the down payment that was made upon the placing of an official order (or if such down payment has not been made,
all such sums as are due and owing) shall be retained by the Company.
The Company shall have no liability for any failure to perform any of its obligations under the contract to the extent that such failure is caused by circumstances beyond its reasonable control.
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