Terms and Conditions
1.1) In these terms:
1.1.1) “the seller” means CMECS Ltd.
1.1.2) “the purchaser” means the person, company or organisation purchasing The Goods.
1.1.3) “the goods” means the products and/or services that shall be the subject of the contract between the seller and the buyer.
1.1.4) “working day” Any weekday i.e. Monday to Friday, but excluding bank holidays and public holidays.
2) Acceptance of Orders
2.1) All contracts of sale are only accepted by the seller subject to these terms and conditions to the exclusion of all other terms, conditions, representations or warranties (unless otherwise varied by agreement in writing). Acceptance of our order acknowledgement constitutes acceptance of these agreed terms and conditions in full.
2.2) Prior to confirmation of any order the buyer must undertake full responsibility for the satisfaction of any local by-laws, statutory regulations, or special or contractual requirements for which the future installation or use of the goods is bound to observe or fulfil.
3) Plans and Drawings and other presented data and information
3.1) All drawings 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 prior written consent.
4.1) All quotations may be altered without notice, and are subject to confirmation by us on receipt of acceptance.
4.2) Unless otherwise stated electrical equipment included in any quotation is suitable only for three-phase supply of standard UK AC voltage.
4.3) We reserve the right to amend the prices quoted in this tender after acceptance of your order in respect of the following contingencies:
4.3.1) Alteration of design at customer’s request
4.3.2) Suspension of work on customer’s instructions or failure to give instructions.
4.3.3) Increased cost of labour and materials.
4.3.4) Cost of storage after we notify you that the goods are ready for despatch.
4.3.5) Any loss or damage suffered whilst the goods are stored on the customer’s site awaiting installation.
4.4) When machines or parts of machines are supplied to buyer’s designs we do not hold ourselves liable for infringement of any patents or other rights and the buyer shall keep us fully indemnified for damages or costs incurred by any party claiming patent rights in respect of goods manufactured by us to buyer’s orders.
4.5) Unless expressly mentioned, quotations are exclusive of Builders, Joiners, Masons, Plumbers, Painters, Electricians, or any other trades work
4.6) Value Added Tax will be added at the prevailing rate to the cost of any goods or services supplied and will be payable by the purchaser in addition to the price quoted.
5.1) Unless otherwise stated on The Seller’s invoice in the “Terms” box or otherwise agreed in writing prior to purchase, payment for The Goods shall be due immediately, no credit is offered. In the event the payment is not received The Seller reserves the right to charge interest at the rate of 5% per annum over HSBC Bank Plc base rate shall be paid on overdue accounts.
5.2) Should a buyer default, become bankrupt, enter liquidation or become subject to a receivership or make a voluntary arrangement with its creditors or become the subject of an administration order; or if the buyer ceases or threatens to cease carrying on business, or if we reasonably apprehend that any of the events mentioned above is about to occur in relation to the buyer and notify the buyer accordingly, we may, at our option, cancel any undelivered portion of the contract but shall be entitled to claim for any loss or damage sustained in consequence of non-completion of the contract.
6.1) The goods must be examined on receipt, as if a clear signature is given, both the seller and the carriers are absolved from any further liability or damage in respect of the goods. If signed “not examined” the carrier takes this as a clear signature. If the goods are found to be damaged, they must be signed for as such and we should be notified forthwith, as unless a claim is made within five working days no liability can be accepted.
6.2) While every effort is made to effect delivery at any prescribed time, we cannot accept liability for any loss or expense arising from delay in delivery.
6.3) All contracts are subject to strikes, lockouts, war, fire, accident, or other causes beyond our reasonable control.
6.4) Delivery is ex works unless otherwise arranged. Where goods are sent by passenger train or by special transport at the buyer’s request, the carriage will be debited in full as soon as the amount is known. Where delivery is included in the price, the buyer will be responsible for taking delivery at the place appointed and for unloading the goods. Where we undertake delivery by lorry or other vehicle(s) at a specified place as such road permits. The buyer will be responsible for unloading and taking delivery of the goods from the lorry or other vehicle(s) on arrival at such a point. Should the buyer fail to take delivery or unload at the appointed time, the buyer will pay all expenses or losses incurred thereby, including loss sustained through detention or additional journey.
6.5) When a machine is lost or damaged in transit, the order may not be cancelled on account of the delay thus caused.
6.6) In the event of non-delivery we must be notified within seven days of the date of the advice note, otherwise we cannot accept any responsibility.
6.7) Risk of damage to or loss of the goods shall pass to the buyer at the time of delivery or if the buyer wrongfully fails to take delivery of the goods at the time we tendered the goods for delivery not withstanding property in the goods may have remained with us pursuant to clause 12 of these conditions.
7.1) All installation of goods is to be undertaken by the Buyer, the customer shall provide all necessary facilities, including:
7.1.1) Ensuring suitable access to the site.
7.1.2) Ensuring proper foundations are ready for the plant when delivered,
8) Commissioning of goods
8.1) If any tests or inspections are required, these will be charged for extra. If tests or inspections are to be made in the presence of a buyer or the buyer’s representative and there is delay in attending after seven days notice of our readiness, the tests will be proceeded with and shall be deemed to have been made in the buyer’s presence and inspection shall be waived.
9) Termination of contract
9.1) Termination of contract may take place at any time and must be stipulated in writing to the seller, bearing in mind the following provisions: –
9.1.1) Any expenditure incurred by the Seller prior to termination of contract is liable to be paid by the buyer
9.1.2) Any deposits paid will be forfeited.
10) Warranty and Limitation of Liability
10.1) All usual and reasonable precautions are taken by us to ensure excellence in all areas of material and workmanship. Should any defect of materials of workmanship arise within twelve months of the date of purchase in any part of any product manufactured by us, the defective part should be forwarded to our works, carriage paid, when we undertake to repair or replace the part free of charge. This assumes that the equipment is operated for 8 hours/day, five days per week. Where operations exceed these limits, the 12 month period is reduced pro-rata. Our responsibility is limited in all cases to the repair or replacement of the defective part, and no allowance will be made for re-installation of the faulty part, consequential damage or other expense. No liability shall attach to us where repairs cannot reasonably be affected, or where after partial repair, a fault or breakdown occurs in the parts or portion not repaired. We take every care in dismantling and assembling, but should any part be damaged in the process, the cost of any further work necessitated thereby shall be met by the customer. This guarantee does not apply to defects caused by accident, misuse, neglect or wear and tear and we cannot recognise any liability in cases where alterations (of any nature) have been executed or replacement parts fitted of other than our own make without our knowledge and consent. The repaired, or new part will be delivered subject to the same conditions as the original contract. At the termination of the period of guarantee, all liability on our parts ceases. Where we supply goods not of our own manufacture, the purchaser is entitled to the benefit of any guarantee given to us by the manufacturer concerned. Cancellation of orders due to a repairable defect cannot be accepted.
10.2) If the goods, or any part of the goods, which are returned for repair are found not to be faulty a charge will be levied to cover the cost of administration. This administration charge is typically 10% of the original invoice value or 50 UK pounds Sterling. All administrative charges carry a minimum value of 50 UK Pounds Sterling plus value added Tax at the prevailing rate.
10.3) Our liability shall be limited to the obligations imposed in these terms of business. In no event shall The Seller be liable for damages whether as consequential damages or for loss of business, profits, data or otherwise arising out or in connection with the use or performance of any Goods, any loss due to the stoppage of plant, machinery or apparatus of any description or to any consequential damage, or loss, direct or indirect however caused. The Seller shall endeavour to take all reasonable care and precautions so that no damage of loss occurs to any of the goods left for repair or upgrade by the buyer in the care of the seller, but will not be responsible in any such event for any loss or damage occurring.
11.1) Goods returned without our written consent will not be accepted for credit. If the goods are returned for credit surcharge will be levied if the goods are not returned in: –
11.1.1) Their original state of assembly and packing.
11.1.2) Good re-sellable condition.
11.1.3) Carriage paid.
11.1.4) Within 28 days of receipt.
12) Title and Risk
12.1) No property or title to the goods shall pass from the seller to the buyer and no warranty repairs will be entertained unless and until the buyer has made full and complete payment to the seller of all sums due from the buyer in respect of the goods. The buyer shall indemnify the seller against any loss or damage to the goods prior to passing of the property therein on or after delivery to the Buyer.
13.1) These Terms and Conditions shall be governed in accordance with the English Law. All contracts shall be construed and operate as English contracts under English Law. Should any part of these terms prove to be invalid in any way, it in no way affects the validity of the other remaining terms
Terms and Conditions