Conditions of Sales or Supply UK only
The following conditions apply and are deemed to be incorporated
in all orders, contracts, quotations and tenders for the supply
sale and hire of goods by Stauff UK (the Company) to any customer
(the Customer), unless otherwise expressly agreed in writing by the
Company and the Customer. These terms are subject to English
laws.
These shall supersede any terms or conditions in any Customer's
order unless otherwise agreed in writing by the Company and the
Customer at the time of order.
Title of Goods
(a) Until full
payment has been received by the Company for all goods whatsoever
supplied (and all services rendered) at any time to the
Purchaser;
(i) Property
in the goods shall remain with the Company. (ii) Should the goods
(or any of them) be converted into a new product, whether or not
such conversion involves the admixture of any other goods or thing
whatsoever and in whatever proportions, the conversion shall be
deemed to have been effected on behalf of the Company and the
Company shall have the full legal and beneficial ownership of the
new product.
(iii) Subject to (iv)
and (v) below the Purchaser shall be at liberty to sell the goods
and the new products referred to in (ii) above in the ordinary
course of business on the basis that the proceeds of the sales
shall belong to the Company to whom the Purchaser shall account on
demand.
(iv) The Company may at
any time evoke the Purchaser's power of sale by notice to the
Purchaser if the Purchaser is in default for longer than seven days
in the payment of any sum whatsoever due to the Company (whether in
respect of the goods or any other goods supplied (or services
rendered) at any time by the Company to the Purchaser for any other
reason whatsoever) or if the Company has bona fide doubts as to the
solvency of the Purchaser.
(v) The
Purchaser's power of sale shall automatically cease if a receiver
is appointed over any of the assets of the undertaking of the
Purchaser or a winding up order is made against the Purchaser or
the Purchaser goes into voluntary liquidation (otherwise than for
the purpose of reconstruction or amalgamation) or calls a meeting
of or makes any arrangement or composition with creditors or
commits any act of bankruptcy.
(vi) Upon determination
of the purchaser's power of sale under (iv) or (v) the Purchaser
shall place the goods and the new products at the disposal of the
Company who shall be entitled to enter upon any premises of the
Purchaser for the purpose of removing such goods and new products
from the premises (including severance from reality where
necessary).
QUOTATIONS
Quotations are made upon the basis of the cost of materials and
labour prevailing at the date thereof and are subject to withdrawal
without notice. Stenographical or clerical errors, if any are
subject to subsequent correction.All quotations given and all sales
made are upon the condition that although goods supplied are of
sound commercial quality we can accept no liability as to the
suitability for any purpose other than that specified to us in
writing by the Purchase at or prior to the time of sale.
DELIVERY
Dates quoted for delivery are approximate only and in this respect
time shall not be the essence of the Contract. It will suffice for
the Company to deliver within a reasonable time of the date of
delivery quoted regard being made to all circumstances at that
time. We do not accept liability for any indirect or direct loss
arising from delays caused by Fire, Loss or delay in transit,
Strike, Lockout or from any other similar cause beyond our
control.
CARRIAGE
Carriage charges will be invoiced to the Purchaser at rates which
shall be determined by the Company from time to time unless
specifically excluded in writing. When part deliveries are made on
Purchaser's instructions the same conditions apply as for whole and
complete deliveries.
GOODS EXAMINATION
Goods must be examined immediately on arrival and any damage or
loss reported to us and the carriers within 48 hours after receipt
otherwise no claims can be entertained. Similarly any rejection of
the goods on any other grounds must be communicated to the Company
within 7 days. Goods cannot be returned without prior agreement
except in the event of an error on our part.
ILLUSTRATIONS
Illustrations, descriptions and weights given in any of the
Company's catalogues and statements (written or oral) by any
representative of the Company are provided to give the purchasers
an approximate picture or description of the article concerned and
do not form the basis of any contractual liability unless expressly
incorporated into the Contract. No warranty or condition capable of
arising is hereby expressly excluded. Designs are subject to
alteration without notice.
GUARANTEE
We undertake to replace any parts or equipment which can be shown
to have failed due to defective material or workmanship within
three months of delivery or such other guarantee periods as may
have been agreed in writing. We cannot be held liable, directly or
indirectly for damage or loss of any kind arising from or
attributable to the failure of any such part or equipment. Charges
for removal of equipment will not be accepted without prior
agreement in writing.
TESTS
If specific tests or tests in the presence of the Purchaser or his
representative are required, these unless otherwise agreed must be
at our Works and will be charge for extra, and in the event of any
delay on his part in attending such tests after seven days notice
that we are ready, the tests will proceed in his absence and shall
be deemed to have been in his presence.
ACCOUNTS
Credit accounts can only be opened at our discretion and are
subject to satisfactory references being given, otherwise
remittances must be sent with orders. Credit accounts are due for
settlement within 30 days from month of despatch.
All prices quoted are exclusive of Value Added
Tax.
HEALTH AND SAFETY ACT 1974
The products supplied by Stauff UK are in accordance, generally,
with British or other International Standard specifications where
applicable and as interpreted by the manufacturers and present no
danger to health or safety if properly installed and
operated.
However, there are many occasions when goods are ordered from us
without any reference being made to their intended use in which
case the Company must assume that users will take all necessary
steps to ensure that the products purchased are suitable for the
conditions in which they are intended to operate.