GENERAL
1. In these Conditions of Sale: ”The Company” means Carbon Clean Ltd “the
Buyer” means the person, firm or company ordering or buying goods from the
Company. ”The Goods” means the goods the subject matter of the relevant order
or contract for sale
2. No contract in respect of the goods between the Company and the Buyer shall
exist until
the Buyer’s order has been accepted by the Company. In the event that the Buyer’s
order
seeks to make the sale subject to terms different from these conditions,
acceptance of the
Buyer’s order by the Company (whether or not such acceptance is effected by
formal order
acknowledgement) shall be deemed to be a fresh offer by the Company on the
basis of
these conditions. In which event (unless these conditions are accepted by the
Buyer prior to
delivery) acceptance of delivery of the Goods by the Buyer shall constitute
acceptance of the
Company’s offer and the Contract of Sale shall be formed at that moment. No
conditions or
terms stipulated in any other communication or document shall vary or annul any
of those
conditions except insofar as the same are expressly consented to in writing by
the Company.
PRICE
3. Quoted prices include the cost of normal packaging but exclude delivery,
transit insurance (which are charged extra at cost) V.AT. or installation
charges (where applicable).
4. The prices for the Goods shall be those ruling at the date of despatch and
the Company
reserves the right to amend its quoted prices at any time prior to the date of
despatch.
DESPATCH AND PAYMENT
5. (a) Unless otherwise specified the price quoted is packed ex our warehouse.
An extra charge will be levied to cover delivery and insurance costs. A charge
may be made to cover any extra costs involved for delivery to a different
address.
(b) Should expedited delivery be agreed an extra may be charged to cover any
overtime or any other additional costs involved.
Should work be suspended at the request of or delay through any default of the
Buyer for a
period of 30 days the Company shall then be entitled to payment for work
already carried out, materials specially ordered and other additional costs
including storage.
(c)Should work be suspended at the request of or delay through any default of
the Buyer for a period of 30 days the Company shall then be entitled to payment
for work already carried out, materials specially ordered and other additional
costs including storage.
CREDIT POLICY AND PAYMENT INFORMATION
6. Ifyou do not have a credit account open with us, please take a moment to ask
for a credit
application form. We require is the name and address of your bank and of two
trading
references. Accounts normally take 10 days to set up, but this time period can
be reduced if
this is specifically requested. Our Credit Controllers will be pleased to
assist with any problems related to credit.
We are pleased to offer credit terms to qualified parties. Our credit terms are
30 days net
from date of invoice unless otherwise stated. Accounts with overdue balances
will be placed
on credit hold. This means that no further goods will be shipped and all
support and repair/
warranty services withdrawn until the account is brought into order. Repeated
failure to keep to our credit terms will result in the permanent loss of credit
facility.
PRELIMINARY WORK
7. If all work carried out additional to
that specified in the relevant quotation or order, whether experimentally or
otherwise, shall be charged.
PRELIMINARY WORK
8. If The Company and the Buyer expressly agree that until the Company has been
paid in full for the goods comprised in this or any other sales contract
between them and all outstanding amounts due to the Company from the Buyer or
any associated or subsidiary or holding company of the Buyer or from any
director or shareholder of the Buyer or any other such company:
(a) the goods shall remain the property of the Company- and the Buyer, as
bailees of them
for the Company, will store the same for the Company in as proper manner
without charge
and in such a way that the goods are clearly identified as being the property
of the Company
notwithstanding that the risk therein shall pass to the Buyer as provided
herein.
(b) at any time the Company may recover from the Buyer the goods remaining in
the Buyer’s possession, and for the purposes thereof may enter upon any
premises of or occupied by the Buyer or any third party (with the consent of
that third party).
(c) the Buyer has the right to dispose of the Goods in the course of its
business for the
account of the Company and to pass good title to the goods to their customers
being bona
fide purchases for value without notice of the Company’s rights.
(d) in the event of such disposition the Buyer or its Director(s) (if a Limited
Company) has the fiduciary duty to account to the Company for proceeds thereof
but may remain therefrom an excess of such proceeds over the amount outstanding
to the Company under this or any other sales contract between them and for all outstanding
amounts due to the Company from the Buyer or any associated or subsidiary or
holding company of the Buyer or from any director or shareholder of the Buyer
or any other such company.
RISK
9. Notwithstanding the preceding condition, all risk in respect of the Goods
shall be assumed by the Buyer upon delivery of the same to him.
OR NON DELIVERY BUYER’S PROPERTY
10. (a) The Buyer’s property and all property supplied to the Company by or on
behalf of the Buyer shall, while it is in possession of the Company or in
transit to or from the Buyer, be deemed to be the Buyer’s risk and the Buyer
shall insure accordingly.
(b) the Company shall be entitled to make a reasonable charge for the storage
of any of the
Buyer’s property left with the Company before receipt of the order or after
notification to the Buyer of completion of the work.
LOSS OR DAMAGE IN TRANSIT
11. The Buyer shall examine the Goods immediately when they are delivered to
him. The
Company reserves the right to reject claims in respect of shortages or damage
in transit
or non-delivery of the Goods, or in the case of non-delivery 7 days after the
due date for
delivery.
LATE DELIVERY
12. Whilst the Company will use its best endeavours to deliver the Goods in
accordance with the Buyer’s requirements, the Company will not be liable for
any consequences of late delivery howsoever caused
DEFECTIVE PRODUCTS
13. (a) The Company’s liability (both in contract and in tort) in respect of
defects in the Goods shall be limited to the replacement of faulty items or
materials, or the issue of credit notes in respect thereof, or the granting or
refund or such other compensatory measures as
the Company at its discretion considers appropriate in the circumstances. Such
measures
shall relate only to the actual faulty items or their value, and the Company
shall not in any
circumstances be under any liability to the Buyer in respect of indirect or
consequential loss
or damage, or loss of profits, sustained by the Buyer PROVIDED, always that
these conditions do not exclude or restrict the Company’s liability for death
or personal injury arising from its negligence.
(b) A returns authorisation number must first be obtained from our customer
service
department either by telephone or letter. Returned goods must be accompanied by
a copy of the original invoice relating to their purchases.
(c) GOODS RETURNED MUST BE IN THE ORIGINAL PACKAGING AND IN A CLEAN RESALEABLE.
CONDITION. GOODS RETURNED OTHERWISE WILL, AT OUR DISCRETION, EITHER BE REFUSED
OR A FURTHER ADDITIONAL RESTOCKING FEE CHARGED TO COVER THE ADDITIONAL COSTS
INVOLVED. Goods returned for repair under warranty must be accompanied by a
copy of the original invoice, or must quote the original invoice number and
date of purchase. Before returning items, please ring our engineers for
authorisation to return items- a discussion of the problem may assist in
rectifying faults before goods are returned! It is your responsibility to
ensure that any goods returned are properly insured. We will not be responsible
for goods returned to us that are lost in transit. This document does not in
itself constitute an offer for sale. We reserve the right to vary the
specification of any item, withdraw, modify, or amend any item without prior
notice. Prices quoted are current trade prices. Prices of imported goods are
subject to variances in exchange rates, and in consequences prices will be
those holding at the time of delivery, Please telephone us should you wish to
confirm current price.
EXPORT CONTROL
14. The buyer shall not resell outside the UK any of the Products covered by
the Export of Goods (Control) Order 1987 (or any re-enactment thereof) or the
Export Administration Act 1979 (as amended) of the USA (or any re-enactment
thereof) without obtaining all necessary licences thereunder and will not
resale such goods within the UK to a purchaser knowing (or being given
reasonable grounds to suspect by the purchaser) that the purchaser intends to
export such goods without first obtaining either such licences or a copy of such
licences obtained by the purchaser.
RECRUITMENT OF EMPLOYEES,
15. The parties hereto accept that either party will suffer loss if a member of
their staff accepts an offer of permanent employment with the other party
during the continuance of this contract and six months thereafter. If such a
member of the party’s staff accepts such an offer of employment with the other
party other than as a result of a relevant bona fide employment advertisement
in the national or trade press, the new employing party agrees to pay the other
party the equivalent of six months salary for that member of staff. The
provisions of this clause shall apply to subsidiaries, associates and parent
companies of either party.
FORCE MAJEURE
16. The Company reserves the right to cancel, vary or suspend the operation of
contract of sale
if events occur which are in the nature of force majeure including (without
prejudice to
the generality of the foregoing) fire, floods, storm, plant breakdown, strikes,
lock-outs, riot
hostilities, non-availability of materials or supplies or any other event
outside the control of
the Company; and the Company shall not be held liable for any breach of
contract resulting
from such event.
CANCELLATION
17. Law
18. The Company may withhold or cancel further or any deliveries under the
contract of sale and
may recover all losses resulting therefrom if the Buyer:
(a) fails to make payment on the due date under any contract with the Company,
or
(b) enters into a composition with its creditors, or (being a company) has a
receiver appointed or passes a resolution for winding up or if a Court shall
order it to be wound up, or commits an available act of bankruptcy, or
(c)is in breach of any of the items and conditions contained herein
(notwithstanding that on a former occasion or occasions it has waived its
rights).
The exercise of rights under condition 16 shall be without prejudice to the
Company’s other
rights of remedies.
These conditions of sale shall be construed in accordance with English law.
Carbon Clean Ltd
carbon-clean.uk
