| NATIONWIDE VENTILATION LTD
SERVANT OR AGENT OF THE COMPANY OTHER THAN A DIRECTOR OF THE COMPANY HAS
AUTHORITY TO BIND THE COMPANY TO ANY DEPARTURE FROM THE COMPANY’S
STANDARD TRADING CONDITIONS (OTHERWISE THAN IN WRITING ON A FORM OF QUOTATION
OR ACKNOWLEDGEMENT OF ORDER CONTAINING THE COMPANY’S STANDARD TRADING
STANDARD TRADING CONDITIONS
Orders can only be accepted upon and subsequent
to The Conditions of Sale as set below. Where the customer’s written
conditions and warranties conflict with these conditions, these conditions
shall prevail unless otherwise agreed in writing.
2 QUOTATIONS AND ORDERS
(i) Quotations and tenders are valid for
acceptance for 30 days from the date on which they are made unless otherwise
stated in the quotation or tender and are subject to these Terms and Conditions.
(ii) Orders must
be submitted in writing and contain sufficient information to enable us
to proceed forthwith.
3 DRAWINGS. ETC
(i) All illustrations, preliminary drawings,
specifications, weights and measurements prepared by us are approximate
only and the descriptions contained in our catalogues, price lists and
others advertisement material are intended merely to present a general
idea of the goods and are not binding in detail.
(ii) All such
illustrations, drawings, specifications and particulars remain our property
and may not copied or produced without our permission.
(i) The price is based on the rate of labour,
working hours and conditions, cost of material, transport, insurance and
overhead charges ruling at the date of our quotation, or if no quotation
was given, at the date of our acceptance
of the customer’s order.
(ii) Should any
alteration beyond our control take place after such date and before delivery
of the goods or completion of the works the price shall be adjusted accordingly,
expressly agreed by us the price does not include tax or other statutory
impositions, and the customer shall bear the amount of tax chargeable
by law whatever amount (if any) may have been stated by us to be chargeable.
(i) Our terms are strictly nett 30 days and
unless otherwise expressly agreed by us payment is to be made without
discount within that period.
(ii) Any part
of the price not paid on the due date shall bear interest at the rate
11.2% per month without prejudice to our right to enforce payment on time.
(iii) We have
the right to suspend deliveries and/or work if the customer fails to pay
any sum to us when due whether such sum is payable in respect of the same
or any other deliveries or work whatsoever.
(iv) We shall
have a general lien on any property of the customer in our possession
in respect of any sums due to us from the customer whether by way of debt
or damage, and whether or not in respect of the particular agreement to
which these conditions relate.
6 PROPERTY AND RISK
(i) All goods and material supplied by us
remain our property until payment of the price in full and the completion
of the work (if any) notwithstanding that the goods or part thereof may
have been affixed to the property of the customer or any other person.
(ii) All goods
and material supplied by us are the responsibility of the customer from
the time at which they left our factory.
(i) Delay in delivery does not give the customer
the right to cancel the order, nor can we hold ourselves responsible for
any loss, damage or expense resulting from such delay howsoever caused.
(ii) The time
stipulated for delivery shall mean the time for delivery ex-factory notwithstanding
that the place for delivery may be elsewhere and unless otherwise agreed
shall be reckoned from the date we receive the customer’s order
and full information sufficient for us to commence manufacture
(iii) If the
customer defaults in taking delivery or giving instructions as to the
delivery, the goods shall remain in all things at the sole expense and
risk of the customer who shall arrange for suitable storage. If the customer
fails to arrange such storage we may at our absolute discretion store
the goods on the customer’s behalf at his sole risk and expense
at our premises or at such other place and on such terms as we consider
fit, and the customer shall pay us on demand a storage charge to cover
our losses and expenses suffered and incurred in storing, insuring, transporting
and handling the
goods. In no event shall these conditions operate to relieve the customer
of making payment as though such default or delay had not occurred.
(iv) If a customer
defaults in taking delivery or giving instructions as to delivery of the
goods or informs us that he no longer wishes to take delivery of the goods
or wishes to cancel the order placed by him, then the customer shall pay
to us such charge as shall be necessary to cover losses and expenses suffered
and incurred through the failure of the customer to accept delivery of
the goods or caused or occasioned or incidental to the cancellation of
the said order by the customer including all sums which we may have paid
or shall have to pay to any third party.
items that are manufactured to an agreed date/programme and subsequently
delayed by the client or client representative shall be invoiced as though
they have been delivered.
Not withstanding that the place of delivery is expressed to be other than
ex-factory in arranging for the carriage of the goods from our factory
to such other place of delivery we act solely as agent for the customer
and the goods shall be at the sole risk and expense of the customer from
the time at which the goods are delivered from us to the carrier. We accept
no responsibility whatsoever in respect of loss or damage or delay to
the goods while in transit.
We reserve the right to charge extra for packing material and if the packing
material is of a returnable nature then full credits will be given if
returned in good condition, carriage paid to our works within 30 days
of the date of delivery ex-factory.
10 CLAIMS FOR NON DELIVERY/
(i) Non receipt of goods within fourteen days from date of despatch
must be notified to us and the carrier at the receiving end otherwise
no claim will be recognised.
(ii) Customers must notify the carriers
and ourselves of any damage within three days of arrival of goods otherwise
no claim can be upheld. Endorsing a delivery note ‘not examined’
will not absolve the customer from this liability.
(i) In the case of goods not manufactured by us our liability shall
be limited to such guarantee as we may receive from the manufacturers.
(ii) Figures for the performance of
the goods are based on our experience and are such as we expect to obtain
on testing the goods subject to a reasonable margin of error. They are
also agreed on the
condition that any figures and information given to us by or on behalf
of the customer are accurate and trustworthy.
(iii) If the goods fail to achieve
the figures for performance agreed by us we must be given reasonable time
and opportunity to remedy the fault. If we then fail to remedy the fault
the customer may
return such part of the goods as fail to achieve the figures for performance
and upon the customer doing so we shall refund so much of the price as
is fairly attributable to the part concerned.
(iv) In no circumstance shall we be
liable beyond the terms of the above guarantee for loss, damage, delay
or expense of any kind howsoever caused and we shall not in any event
be liable for loss, damage, delay or expense of any kind:-
(a) If any work on or alteration to
the goods is carried out by the customer without written approval: 0r
(b) If such loss, damage, delay or
expense is a consequence of wear and tear, carelessness in using or handling
the goods, defective foundations or building or faulty erection (unless
supervised by our staff).
12 The Proper law
of this Contract shall be The Law of England
NATIONWIDE VENTILATION LTD
30 Second Avenue, Chatham, Kent ME4 5BG
Tel: 01634 811116 Fax: 01634 811131