|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
| |
| |
| |
| |
| |
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
CONDITIONS OF SALE |
|
| |
Unless
otherwise agreed in writing by STS Management, all goods are supplied on the
following conditions to the exclusion of any terms or conditions
stipulated |
|
| |
by the buyer and of any representations,
warranties or communications not expressly incorporated herein or in our
order acceptance. |
|
| |
1. Orders |
|
| |
(i) No orders shall result in a binding contract
for sale unless and until we have had written confirmation and have accepted
it in writing. |
|
| |
(ii) A handling charge will be invoiced, where
parts are returned, special parts orders must be covered by a part number and
confirmation. |
|
| |
2. Delivery |
|
| |
Delivery
dates are estimates only, unless we have expressly undertaken in writing to
deliver by a specified date. No liability or responsibility is accepted for
any |
|
| |
delay in any other circumstances and not in any
event where such delay arises through circumstances outside our control. |
|
| |
3. (a) All prices are
ex-works unless otherwise stated. Additional costs incurred by us on account
of any alterations made at the buyer's request to quantities |
|
| |
delivery, date or changes in specification shall
be borne by the buyer. |
|
| |
(b) We reserve the right to amend prices to those
ruling at the date of despatch. |
|
| |
(c)
All prices are exclusive of VAT, which will be charged at the rate current at
the time of delivery and are also exclusive of any costs or erecting or
starting |
|
| |
machinery including travelling time, travelling
expenses and subsistence. |
|
| |
(d) All quotations are valid for twenty-eight days
unless otherwise stated. |
|
| |
4. Payment |
|
| |
Payment
is due on delivery unless otherwise agreed. The goods shall remain our sole
property until we have received payment therefore in full together with |
|
| |
all
other sums by way of delivery packaging, carriage or otherwise owing to us by
the buyer, but the risk of loss or damage shall subject to condition 5
pass |
|
| |
to
the buyer on despatch from our premises. We reserve the right to repossess
any goods in respect of which payment is overdue and thereafter without |
|
| |
prejudice
to any other right. We reserve the right to charge interest at the rate of 5%
per annum above the Bank of England minimum lending rate on any |
|
| |
outstanding indebtedness from the date on which
payment becomes due, such interest accruing from day to day and being payable
without deduction of tax. |
|
| |
5. Carriage |
|
| |
No
claim for damage or loss in transit will be considered unless the damage or
loss is notified in writing to us and the carriers within forty-eight hours
of the |
|
| |
date of delivery, and the actual damage recorded
on the carrier's delivery note. |
|
| |
6. Warranty |
|
| |
Our
liability in respect of any goods which are of defective materials or
manufacture shall be limited to any benefits we may receive under any
guarantee |
|
| |
given by the supplier of such goods or parts. |
|
| |
7. Second-hand Goods |
|
| |
The
warranty contained in condition 6 shall not apply in the case of second-hand
goods in respect of which the buyer hereby accepts responsibility for |
|
| |
examining
the goods to establish whether they are safe to use in the condition in which
they are delivered and in particular (without prejudice to the |
|
| |
generality
of the foregoing) the buyer undertakes not to use or permit the use of the
said goods without first satisfying his public liability and/or
employer's |
|
| |
liability insurers or some other independent
person qualified as competent in such matters that the following items were
safe when property used :- |
|
| |
8. Spray-Trac Systems are
agricultural engineers (and not chemists of any nature) and consequently give
no warranty as to the use of application of |
|
| |
chemicals
by these products and will not accept liability for any damage or loss
arising from the use of chemicals whatsoever or howsoever caused |
|
| |
negligence included. |
|
| |
9. Liability |
|
| |
Our
liability in terms of these conditions is in lieu and to the exclusion of all
other warranties conditions or obligations imposed or implied by statute
or |
|
| |
otherwise
in relation to the quality description construction or performance of the
goods for their fitness for any particular purpose and all liability for |
|
| |
any indirect or consequential loss (howsoever
arising) is hereby expressly exuded. |
|
| |
10. Indemnity |
|
| |
The
buyer shall indemnify us against all claims for personal injury loss or
damage to property brought against us by third parties arising from the
presence, |
|
| |
use, delivery or construction of the goods unless
such injury, loss or damage is caused by the negligence of ourselves, our
employees or agents. |
|
| |
11. Insolvency, etc. of Buyer |
|
| |
If
the buyer makes default in or commits any breach of any of his or its
obligations or if any distress or execution is levied upon the buyer his
property or |
|
| |
assets
or if the buyer makes or offers to make any arrangement or composition with
creditors or commits any act of bankruptcy or if any petition or
receiving |
|
| |
order
in bankruptcy is presented or made against him or if the buyer is a limited
company and any resolution or petition to wind up such company's business
is |
|
| |
passed
or presented other than for reconstruction or amalgamation or if a receiver
of such company's undertaking or assets or any part thereof is appointed |
|
| |
we shall (without prejudice to any claim or rights
we might otherwise make or exercise) have the right forthwith to determine
the contract of sale by notice. |
|
| |
12. Notices |
|
| |
Any
notice given hereunder by post, cable or telex to the recipient at his or its
registered or principal office or last place of abode as the case may be
shall be |
|
| |
deemed to have been properly served at the time
when in ordinary course of transmission it would reach its destination. |
|
| |
| |
| |
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|