SPECK Pumpen NP25/60-140 [58/68] Terms conditions
Макгруп McGrp.ru
Задайте вопрос
Зарегистрироваться

SPECK Pumpen NP25/60-140 [58/68] Terms conditions

SPECK Pumpen NP25/60-140 [58/68] Terms conditions
Page 54 fax: 01494 441542 info@speck.co.uk
Terms & Conditions
General
1.
(a) All contracts between Speck Pumps (UK) Limited ("Speck") and the Purchaser shall
be subject to the following conditions of sale which shall constitute all the terms of
the contract between Speck and the Purchaser.
(b) These conditions shall supersede any earlier terms and conditions employed by
Speck.
(c) Unless expressly agreed by Speck in writing, these conditions shall override any
standard or other terms or other conditions stipulated, incorporated or referred to
by the Purchaser in negotiations or elsewhere.
(d) No variation or waiver of or addition to these conditions shall be effective unless
confirmed in writing by Speck.
(e) The contract between the Purchaser and Speck shall be concluded only upon
written acceptance by Speck.
(f) No quotation by Speck shall constitute an offer and such quotations are valid for
30 days only.
Prices
2.
(a) The price stated is the net price for the goods for delivery from Speck's warehouse
in accordance with the contract.
(b) Speck reserves the right to alter prices from time to time without notice to reflect
changes in the rates of exchange, increases in customs, excise or other duties or
taxes or changes in the cost of raw materials and labour notwithstanding Speck's
previous acceptance of an order. In such cases, the effective price will be the price
shown on Speck's standard price list in force on the date of delivery.
(c) Unless otherwise indicated in writing all quotations by Speck are exclusive of all
taxes, (including but not limited to VAT) and of all duties, levies and other charges
all of which, where applicable, will be separately charged at the appropriate rates.
(d) In view of Speck's policy of continuous product improvement, alterations in design
and construction may be made by Speck without notice.
(e) Where carriage, insurance, storage or other charges are shown separately from
the price they will nevertheless be payable by the Purchaser at the same time as if
they form part of the price and shall be treated as such a part for the purposes of
these conditions.
Payment
3.
(a) Time for payment shall be of the essence of the contract and payment shall be
made net cash within 30 days of the invoice date at the address shown overleaf, in
the absence of any express agreement to the contrary, and shall be due before any
of the goods are sold or dealt with in any manner by the Purchaser. Where it is
expressly agreed that the price is payable in foreign currency, all banking and
similar charges shall be for the account of the Purchaser. Payment in the event of
goods being delivered outside the United Kingdom shall be against the production
of shipping documents.
(b) If the Purchaser fails to make payment by the due date Speck shall be entitled to
charge interest on the sum or balance owing (without prejudice to any other rights
of Speck in respect of such default) on a daily basis at the rate of 2% per month
being calculated from the date on which payment became due until the date on
which payment is made.
(c) In the event of Speck agreeing to accept payment by installments, any delay in the
receipt by Speck of one installment shall without prejudice to any other right,
forthwith entitle Speck to the whole of the outstanding sum.
(d) If any payment whatsoever is overdue or if the Purchaser has failed to take delivery
of any goods or is in breach of any of these conditions which (if capable of
remedy) is not remedied within 7 days of the Purchaser being notified thereof
Speck shall without prejudice to any other rights or remedies available to them be
entitled to suspend or cancel deliveries of goods under this or any other contract
made between Speck and the Purchaser without any liability remaining on Speck.
(e) If the Purchaser purports to cancel the contract or refuses to take delivery of any of
the goods the Purchaser shall thereupon become liable for the full contract price
but will be credited with the amount obtained by Speck less any deposit payable if
Speck is able to dispose of the contract goods.
Delivery
4.
(a) Whilst Speck will use all reasonable endeavours to deliver or dispatch goods
within the time stated, any time stated is an estimate only and the Purchaser shall
be bound to accept goods when available. Speck shall not be liable for any loss
or damage of any kind and howsoever arising caused by failure to deliver or
dispatch within the time stated.
(b) Should Speck be unable to make any delivery at the time provided therefore by
reason of strike, lock-out, trade dispute, breakdown of plant, fire, accident,
weather conditions, hostilities (whether or not war is declared), prohibition of
export. short~ of labour, materials, power or transport, government order, act of
God or any cause whatsoever beyond the control of Speck, delivery may be wholly
or partly suspended and the period of delivery shall be extended by the period
during which those conditions continue. If the said period exceeds 3 months,
Speck shall have the right to determine the contract without prejudice to rights
accrued in respect of deliveries already made or any other rights acquired under
the contract.
(c) Notwithstanding that the invoice price may specifically include the cost of carriage,
the risk in goods sold shall pass to the Purchaser upon transfer unto the carriers,
purchasers or Speck transport and the Purchaser shall insure the goods against
any loss or damage thereto or any part thereof unless otherwise agreed. This
provision shall apply even where the sale is made C.I.F. or any other ex-works
basis.
(d) In a case where at the Purchaser's cost Speck concludes the contract of carriage
and arranges for insurance of the goods for transit Speck shall be deemed to be
acting solely as agent for the Purchaser and sub-section 2 and 3 of section 32 of
the Sale of Goods Act, 1979 shall not be applicable.
(e) If goods are upon delivery found to be damaged Speck shall not in any event be
liable unless
(l) the Purchaser gives written notice to Speck and the carrier within 3 days of the
receipt of the goods;
(II) the Purchaser gives Speck a reasonable opportunity to arrange for inspection
of the goods.
If Speck is satisfied that the damage was not caused in transit, it shall replace or
repair the goods at its option.
(f) If Speck replaces or repairs any goods pursuant to (e) above the Purchaser shall
forthwith if requested to do so by Speck pack the goods in a suitable manner so as
to ensure no further damage is caused and return them forthwith to Speck or to
whomever Speck shall direct at the Purchaser's cost.
(g) Speck reserves the right to charge the Purchaser any costs, charges or expenses
incurred by Speck as a result of any warehousing (including charges for storage in
Speck's own premises), carriage, insurance and handling in consequence of any
act or omission of the Purchaser its servants or agents or as a result of any special
requirements or stipulations of the Purchaser not provided for in the contract.
(h) Where goods are required to be delivered outside the United Kingdom the
Purchaser will be responsible for obtaining all consents and licences which are
necessary to enable it to import and use the goods and for all necessary consents
C including exchange control consent) to enable it to make payment for the
goods.
(i) Unless otherwise specified, goods are normally supplied packaged or in non-
returnable containers at a nominal charge If the goods are to be delivered outside
the United Kingdom then a separate charge will be made for packaging. Where
goods are supplied in returnable containers a charge will be made to cover the
cost thereof. In this event the Purchaser will be credited in full only if the empty
container is returned to Speck carriage paid in good condition. Details of such
returned containers must be advised to Speck separately at the time when they are
returned and containers must be clearly marked with the sender's name and
address and the Advice Note number under which they were despatched.
Title
5.
(a) The property in the goods shall not pass to the Purchaser until the Purchaser has
paid in full all the sums due to Speck. As legal ownership remains in Speck the
Purchaser shall be bailee of the goods Speck.
(b) The goods shall be stored separately from any other goods of the Purchaser and in
such a way that they can be readily identified as the property of Speck.
(c) If Speck's goods shall have become incorporated or mixed or form part of some
other property or machine, the Purchaser shall mark both the goods and the new
products of which they are a constituent part in such a way that they can be
readily identified as Speck's property.
(d) Legal ownership of the said new products shall remain in Speck and the Purchaser
shall be bailee of the new products for Speck.
(e) Subject to (f) and (g) below Speck may entitle the Purchaser to sell the goods and
new products in the ordinary course of business on the basis that the proceeds of
sale will belong to Speck and shall be placed in a separate account and shall be
paid to Speck on demand. No such sale may be made as the agent of Speck.
(f) Speck may revoke any power of sale given to the Purchaser by notice to the
Purchaser if payment for the goods is still overdue 7 days after a written demand
has been made.
(g) The purchaser's power of sale shall automatically cease and this contract shall

Содержание

Похожие устройства

Скачать