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SPECK Pumpen
Плунжерный насос
P55/26-800
Технические характеристики Страница: 59

SPECK Pumpen P55/26-800 [59/68] Terms conditions

www.speck.co.uk tel: 01494 523203 Page 55

Terms & Conditions

immediately determine if a Receiver is appointed over any of the assets or the

undertaking of the Purchaser or a winding-up order is made against the Purchaser

or the Purchaser goes into voluntary liquidation or calls a meeting of or makes any

arrangement or composition with creditors or commits an act of bankruptcy or

ceases trading. If any such event should occur, the Purchaser shall promptly notify

Speck thereof.

(h) Upon determination of the Purchaser's power of sale under (f) or (g) above or in

an event of default by the Purchaser Speck shall be entitled to enter the premises

of the Purchaser without notice to take possession of the goods and new products

not paid for and as between the Purchaser and Speck this condition will constitute

the authority of the Purchaser to Speck to enter on the premises of any other

person holding the goods as the Purchaser's agent and on whose property the

goods may be and to remove the goods.

(i) From the date of delivery of the goods until actual payment the Purchaser shall

keep the goods fully insured, and if the goods are lost, destroyed or damaged,

shall hold the proceeds of insurance to the order of Speck pending payment of

sums Out-standing to Speck.

Call-Off Orders and Delayed Delivery

Call-off orders must be completed within one year from the date of the first delivery,

Speck will only accept instructions to delay delivery of an order beyond the date given

in (the written acceptance) (delivery schedule agreed between Speck and the Purchaser)

providing not less than 3 months' prior written notice of such variation is given to

Speck. Where less than 3 months' of a request a delivery is given, Speck shall be

entitled at its sole discretion and without prejudice to any other right or remedy it may

nave to terminate the contract forthwith or to agree to such a delay and:-

(a) to exercise its right under paragraph 4 (g) hereof; and

(b) to charge interest on the sum which would have become due had the goods been

delivered in accordance with the said (written acceptance) (delivery schedules) at a

rate of 2% per month calculated from the date on which payment would have

become due had the goods been so delivered until the date on which payment is

actually made.

Guarantees, Warranties

and Limitation of Liability

(a) Speck undertakes to repair or at their Option replace or credit against the invoiced

sum any goods manufactured by Speck or any part or parts thereof manufactured

by Speck which are discovered by the Purchaser to be defective in materials or

workmanship provided that an opportunity shall have been given to Speck to

inspect such goods.

(b) Speck shall not be liable for any claim under (a) above unless

(i) written notice of the defect is given to Speck within 7 days of the discovery of

the same; and

(ii) the goods in question were new when purchased by the Purchaser from Speck

and have been properly stored and operated by the Purchaser prior to the

defect occurring; and

(iii) the goods in Question have not been subject to abnormal use or any

modification prior to the defect occurring; and

(iv) the goods in Question at Specks request are returned to Speck at the

Purchaser's expense.

Speck shall not be liable for any claim unless made within six calendar months

from the date of delivery.

is not in use within Speck's service area the mainland of England, Scotland or

Wales.

(d) In the event of any repairs or replacement being carried out free of charge by

Speck under (a) any replacement parts supplied in connection therewith by Speck

to the Purchaser shall be covered by the provisions of (a) for the remainder (if any)

of the period of six months referred to under (b). In no circumstances will the

aforementioned period be extended beyond six months from the date of delivery of

the original new products.

(e) The warranty contained in (a) and (b) above is given in substitution for all

conditions and warranties whether expressed or implied by common law, statute,

custom of trade, course of dealing or otherwise and all such conditions and

warranties are hereby excluded save where otherwise provided by statute.

(f) The Purchaser hereby confirms that the sale is no a consumer sale within the

meaning of the Sale of Goods Act, 1979.

(g) Speck shall not be liable in contract or tort or otherwise for direct or consequential

loss or damage or injury in connection with or arising out of possession,

operation, use, malfunction or modification of the goods save as provided for in

(e) above and the Purchaser shall indemnify Speck in respect of any claim for loss,

damage or injury to any person or property or for any other loss directly or

indirectly occasioned by or arising from the possession, operation or use of the

goods or arising from the malfunction or modification of the goods.

(h) The Purchaser hereby confirms that there have been no representations made by

or on behalf of Speck on the faith of which the Purchaser entered into the contract

except and to the extent to which such representations are herein expressly set

Out. No servant or agent of Speck has any authority to give any warranty or make

any representation concerning the goods.

Trade Mark or Names

(a) No trade mark or name carried on goods supplied by Speck may be erased or

replaced without the consent of Speck.

(b) The Purchaser may not use in relation to any other goods of any description

whatsoever any registered trade mark or name used or entitled to be used by

Speck, or by any of Speck's subsidiaries.

from the Purchaser's use or sale of any of the goods and the Purchaser shall fully

and completely indemnify Speck in respect of all damages, costs, charges and

expenses for which Speck may be liable as a result of any such infringement or

alleged infringement.

Default

If the Purchaser shall make default in or commit a breach of the contract or of any

other of its obligations to Speck, or if any distress or execution shall be levied upon the

Purchaser's property or assets, or if the Purchaser shall make or offer to make any

arrangement or composition with creditors, or commit any act of bankruptcy, or if any

petition or receiving order in bankruptcy shall be presented or made against him or if

the Purchaser is a limited company and any resolution or petition to wind - up such

company (other than for the purposes of amalgamation or re - construction) shall be

passed or presented, or if a receiver of such company s undertaking, property or assets

or any part thereof shall be appointed, Speck shall have the right forthwith to determine

any contract then subsisting and upon written notice of such determination being

posted by it to the Purchaser's last known address any subsisting contract shall be

deemed to be determined without prejudice to any claim or right Speck might otherwise

make or exercise.

Descriptive Matter

10.

All descriptive matter (including but not confined to catalogues, advertisements,

brochures, drawings, illustrations, specifications or dimensions) is approximate only

given for general guidance and shall not form part of this contract

Waiver

11.

No failure or delay in exercising any rights under these conditions shall operate as a

waiver thereof or extend to or affect any other or subsequent events or impair any rights

or remedies consequent thereon or in any way modify or diminish the rights of speck

under these conditions.

Severability

12.

In the event that any of these conditions shall become or shall be declared by any

Court or competent jurisdiction to be invalid or unenforceable in any way such

invalidity shall in no way impair or affect any of the remaining conditions hereof all of

which will remain in full force and effect.

Jurisdiction

13.

These conditions and this contract shall be governed and construed in accordance with

English law and any dispute or matter arising out of this contract shall be submitted for

determination to the English Courts to the jurisdiction of which Speck and the Purchaser

agree to submit.

SPECK Pumpen P55/26-800 [59/68] Terms conditions

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