Commercial & Industrial Services Ltd
TERMS AND CONDITIONS OF SALE
- VALIDITY AND APPLICATION
All and any business undertaken by Commercial & Industrial Services Ltd (“the Company”) for the supply of goods as particularised on the face of its invoices shall be transacted subject solely to the conditions hereinafter set out. Each condition shall be deemed to be incorporated in and shall be a condition of any agreement between the Company and the Purchaser. No agent or employee of the Company has the Company’s authority orally to alter or vary these conditions. There shall be no variation of the within conditions save and unless specifically agreed in writing by a director of the Company. The Company by accepting any order for goods from the Purchaser agrees to sell and the Purchaser agrees to purchase those goods, at the price stated in the Company’s invoice and on the sole basis of the terms and conditions of the Company, whether appearing on such invoice or in these Conditions of Sale and any such agreement between the Company and the Purchaser is hereafter referred to as a contract in respect of those goods. No term or condition save for the terms and conditions contained herein shall be implied or otherwise incorporated into any such contract as a result of any alleged trade custom or usage or of any previous course of dealing between the parties. These terms and conditions of sale shall take precedence over and supersede any previous terms and conditions of sale of the Company. The unenforceability of invalidity of one or more of these terms and conditions or part thereof shall not affect the enforceability, validity, any other term, or the remainder thereof.
Where the Purchaser does not purchase the goods in the course of its business, these Terms and Conditions do not affect such Purchaser’s statutory rights.
No order shall be considered to be binding or to have been accepted by or on behalf of the Company unless and until the Company has despatched its usual form or order acknowledgement.
- TERMS OF PAYMENT
The terms of payment are 30 days for date of invoice; time being of the essence, interest at the rate of 2% per month is chargeable on all overdue payments.
No cancellations shall be effective unless accepted in writing by the Company.
- CARRIAGE CHARGES
The cost of normal (3 to 4 days) carriage by carriers of the company’s choice to any destination in the UK or Eire will be chargeable at our cost.
Extra costs incurred in using a carrier of the customer’s choice will be charged.
The following minimum order charges will apply:
All products excluding spares £250
On order values less than those shown above, freight will be charged at a flat rate of: -
£25 for products
£12.50 for spares
Requests for overnight carriage will be for the customer’s account and charged at cost.
- PACKING CHARGES
Every effort is made to despatch goods in non-returnable containers. Where this is not possible a refundable charge will be made for the packing case, which must be returned carriage paid in good condition.
The recommended prices shown are subject to change without prior notice. At all times prices applicable are those ruling at the date of despatch.
In no circumstances shall time for delivery be of the essence of the contract. Every effort will be made to deliver goods on time but any delivery date stated is an estimate only and the Company shall have no liability for any loss or damage caused by delay in delivery.
- DAMAGE OR LOSS IN TRANSIT
Damage or partial loss in transit must be reported in writing to the company and to the carrier within ten days of receipt of goods. In the event of total non-delivery the company and the carrier must be notified in writing within ten days from the date of despatch. Unless these conditions are complied with, the Company cannot accept any responsibility for loss or damage in transit.
- RETURNED GOODS
It is the company’s policy to not accept goods back for credit once they have been correctly despatched against a firm order. In exceptional circumstances agreement may be given in writing to such acceptance, subject to the conditions set out in the letter agreeing the return of equipment. For guidance only, the conditions, which the Company normally (and at its entire discretion) imposes, are as follows:
- Prior agreement in writing must be obtained before any goods are returned.
- Freight must be pre-paid.
- An administrative charge will be made equivalent to 20% of the invoice value of the goods returned.
- A charge will be made for any refinishing or repacking necessary to return the goods to new condition.
- An order is placed for new goods at least to the value of goods being returned.
All weights, measurements, powers, capacities and other particulars of goods offered by the Company, whether contained in drawings, plans, photographs, specifications, catalogues, price lists, or advertising material supplied by the Company or in similar material accompanying the Company’s tender are provided in good faith as being approximately correct, but are included for guidance only and will not form part of any contract concluded with the Company or be made the basis of any claim against the Company.
All conditions or warranties implied by statute, common law or trade usage are hereby expressly excluded and these Conditions of Sale only apply. All equipment is guaranteed against faulty workmanship or materials for a period of six months or one year depending on the manufactures warranty terms from delivery to the user. Unauthorised stripping or use of incorrect hydraulic oil renders the guarantee void. Goods claimed faulty under warranty must be returned to a Service Centre where applicable carriage paid stating the nature of the fault, and evidence of date of purchase. The Company will not in any circumstances be liable for special indirect or consequential loss or damage howsoever arising.
Full service facilities are available via the Company’s Service Department at our Northampton address or through accredited service agents.
- RISK AND TITLE
The goods shall be at the Purchaser’s risk from the date of delivery and thereafter be liable for any loss or damage to the goods.
Until payment in full has been made by the Purchaser of all sums owing or due to the Company on any account whatsoever whether in respect of purchases of the Company’s goods or otherwise:
Property in the goods supplied by the Company to the Purchaser shall remain in the Company, which reserves the right to dispose of the goods at its discretion.
- The Purchaser shall store the goods in such a way that they are clearly the property of the Company.
- If the purchaser shall mix the Company’s goods with or incorporate them in other goods, those other goods shall be the property of the Company and sections a) and b) above shall apply thereto.
- The Purchaser shall be at liberty to sell the goods to its customers by way of bona fide sale at full market value in the ordinary course of its business.
- The proceeds of any such sale (and the benefit of such contract of sale) shall be the property of the Company and held in trust for the Company absolutely and the Purchaser shall keep such proceeds separate from all other monies and shall account therefore to the Company.
- The Company may by written notice terminate the Purchaser’s power of sale at any time if the Purchaser goes, threatens to go or is in the opinion of the Company likely to go into bankruptcy, receivership or liquidation and at any time after the termination of the power of sale, the Company may repossess the goods and for this purpose, the Purchaser hereby grants to the Company an irrevocable licence to enter upon any premises of the Purchaser.
The purchaser shall hold and save the Company harmless from all liability of whatever nature or kind to third parties or otherwise for or on account of the sale, operation or use of any goods supplied by the company under or as a result of this contract except in respect of liability of the Company for negligence resulting in death or personal injury.
Where the Company agrees to modify or redesign its products at the customer’s request or otherwise to supply special goods to the customer’s specifications it does so strictly on the basis that the customer shall indemnify the Company against all costs, claims, expenses, damages, charges or liabilities whatsoever in respect of or arising from any claim for infringement of Letters Patent, Trade Mark or Registered Design relating to any products supplied to the customer’s design or following the customer’s instructions.
Any nameplates or other form of identification, which the Company has affixed to or marked upon any articles sold by the Company, shall not be removed by the purchaser or by anyone on the purchaser’s behalf without the Company’s consent in writing.
- GOVERNING LAW
These Conditions of Sale and any contract concluded pursuant to them shall be governed by and construed according to the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
25, Hatton Close
Moulton Park Ind Est
Tel: (01604) 642020 Fax: (01604) 642323
Registered in England 3589662 Registered Office: Charles House, No 6 Regents Park Booth Drive, Park Farm Industrial Estate, Wellingborough, Northamptonshire, NN8 6GR.