Terms and Conditions
1. In these Terms and Conditions the following word or phrases bear the following meanings:
“The Buyer” means the Company or person named as such in our quotation or order acknowledgement.
“The Seller” means EVANS (WEIGHING & FOOD EQUIPMENT)
“The Goods” means any articles or service of any type or composition supplied by the Seller to the Buyer.
“The Sales Price” means the price payable by the Buyer to the Seller for the goods supplied by the Seller.
2. These Terms and Conditions shall be incorporated in every Contract made between the Seller and the Buyer and shall not be subject to variation by the Buyer.
3. Unless otherwise agreed in writing by the Seller these Terms and Conditions shall override any terms and conditions stipulated, incorporated or referred to by the Buyer whether in the Contract in any negotiations and all guarantees, warranties or conditions (including any conditions as to quality or fitness for any purpose) whether express or implied by statute, common law or otherwise are excluded and hereby negatived in so far as it is reasonable to do so.
4. (1) The price given shall apply for a period of thirty days from the date thereof.
(2) The Seller may at their absolute discretion decline to accept any order.
5. ACCEPTANCE
The Buyer shall inspect the Goods immediately upon installation and shall notify the Seller within two days by verbal contact and within seven days in writing of any matter or thing by reason whereof it alleges that the Goods are not in accordance with the contract. If the Buyer shall fail to give such notice the Goods shall be deemed to be in accordance with the Contract in all respects and the Buyer shall be bound to accept them and to pay for the same.
6. INSURANCE AND RISK
Subject to the provisions of Condition 13 the Goods supplied to the Buyer by the Seller shall be at the risk of the Buyer either immediately upon delivery to the Buyer or upon being received into the custody on the Buyers behalf whichever is the sooner and the Buyer shall in either case thereafter keep the Seller indemnified in respect of any loss or damage to the Goods howsoever arising or caused.
7. INDEMNITY
The Buyer shall indemnify the Seller against all damages, penalties, costs and expenses to which the Seller may become liable if any work done in accordance with the Buyers specification or instruction involves an infringement of a registered design, patent, trade mark or similar right.
8. PAYMENT
(1) Our terms of payment are 25% with the order and 75% on delivery of the goods. We offer a 2½% discount for payment in full with the order.
(2) All prices are exclusive of VAT which will be payable at the appropriate rate if applicable.
(3) If the Buyer is unable to accept delivery of the goods an invoice will be issued for payment of the balance owing on the order within 7 days of the date of attempted delivery. The Seller reserves the right to charge for storage of the goods and invoice the Buyer for the storage costs in addition to the contract price.
(4) Time for payment is of the essence.
9. CANCELLATION OR VARIATION
No cancellation or variation by the Buyer of any order can be in any circumstances whatsoever be accepted without the consent in writing of an authorised representative of the Seller.
10. SPECIFICATION
Specifications including any reference as to colour, drawings, and similar documents submitted by the Seller must be regarded as approximate representations only and are not binding in detail, Weights, measurements, power, capacities and other particulars are stated in good faith as approximately correct, but deviations therefrom shall not be made the basis of any claim against the Seller. Minor deviations from the specifications submitted by the Buyer or from any requirements of the Buyer shall not be the basis of any claim against the Seller.
11. DELIVERY
(1) Any time or date named by the Seller for delivery is given and intended as an estimate only and the Seller shall not be liable to make good any damage or loss whether arising directly or indirectly from late delivery.
(2) The Buyer shall be responsible for all additional costs to enable the Seller to effect delivery of the goods including but without limitation the cost of the hire of the specialist equipment if necessary.
12. PASSING OF PROPERTY AND RETENTION OF TITLE
Notwithstanding delivery to the Buyer and notwithstanding incorporation into the Goods of materials supplied by the Buyer the property in the Goods supplied by the Seller shall remain the sole and absolute property of the Seller as legal: and equitable owner until such time as the Buyer shall have paid to the Seller the Sales Price in full.
If any payment under the contract is overdue or there is any breach by the Buyer of any of the provisions of the contract the Seller reserves the right and the Buyer hereby agrees to the Seller re-possessing the goods (irrespective of whether they have become a fixture) and thereafter to sell the same and for this purpose the Buyer hereby grants an irrevocable right and licence to the Seller its servants and agents to enter upon their premises where any part of the goods are located and this right shall continue to subsist notwithstanding the termination of the contract through the happening of any of the events specified in these conditions or otherwise and without prejudice to any of the Seller’s accrued rights under the contract.
13. OUTSTANDING ACCOUNTS
Interest shall accrue and be charged on outstanding accounts or any unpaid balances thereof at the rate of FIVE percent per annum above the base lending rate from time to time of Lloyds Bank Plc and such interest shall be calculated on a daily basis from the date upon which payment became due until the date of actual payment (both dates inclusive) and interest at the rate aforesaid shall be charged as well after as before any judgement.
14. DETERMINATION
If the Buyer shall make default in or commit any breach of any of his obligations to the Seller or if any distress or execution shall be levied upon the Buyer, its property or assets or if the Buyer shall make or offer to make any arrangements or composition with creditors or if any petition or receiving order in bankruptcy shall be presented or made against the Buyer, or if the Buyer shall be a limited company and any resolution or petition to wind up such Seller’s business shall be passed or presented otherwise than for reconstruction or amalgamation or if a receiver of such Seller’s undertaking property or assets or any part thereof shall be appointed the Seller shall have the right forthwith to determine any order then subsisting and upon written notice of such determination being posted by the Seller to the Buyers last known premises any subsisting order shall be deemed to have determined without prejudice to any claim or right the Seller might otherwise make or exercise.
15. RIGHT TO SUB-CONTRACT
The Seller shall be entitled to sub-contract the whole or part of the Contract whether for the supply of goods or services.
16. LIMITATION OF LIABILITY
No servant or agent or sub-contractor of the Seller performing the whole or part of the Contract shall in any circumstances whatsoever be under any liability whatsoever to the Buyer or to the Buyer’s principal for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect, or default on his part while acting in the course of or in connection with his employment and every exemption, limitation and condition hereunder is applicable to the servant, agent or sub-contractor and shall be available to and shall extend to protect every such servant, agent, or sub-contractor as aforesaid and for the purposes of this Condition the Seller shall be deemed to be acting as an agent on behalf of and for the benefit of all persons who are or may be the Seller’s servant, agent, or sub-contractor from time to time and all such persons shall to this extent be or deemed to be parties to the Contract.
17. FORCE MAJEURE
If the Contract shall become impossible of performance or otherwise frustrated by reason of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war rebellion, revolution or civil strife consequent upon any of the said events the Seller shall be relieved of liabilities incurred under the Contract wherever and to the extent to which the fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event or by any statutes, rules, regulations, orders or requisitions issued by any Government department, Council or other duly constituted authority or from strikes, lockouts, breakdown or plant or any other causes (whether or not of a like nature) beyond the control of the Seller.
18. WARRANTY
The Warranty on all new Goods shall be that offered by the manufacturer. Unless specifically agreed there shall be no warranty on second hand, reconditioned or used equipment.
19. CONFLICTING CONDITIONS
In case any stipulation contained in these Terms and Conditions shall be in conflict with any other stipulation herein contained the Seller shall be entitled to the benefit of that stipulation which is most favourable to the Seller any rule of law to the contrary notwithstanding.
20. CONSTRUCTION
These conditions and the Contract shall in all respects be subject to and construed in accordance with English Law.