COBORN ENGINEERING CO LTD - CONDITIONS OF SALE
1. Any variation of these conditions in any document of the buyer is inapplicable unless specifically accepted in writing by us.
2. All quotations are subject to confirmation by us, on receipt of an order and machines from stock are offered subject to being unsold when the order is received.
3. All orders are accepted only:
(a) upon the terms and conditions set out herein.
(b) if accompanied by sufficient information to enable us to proceed with the order forthwith.
4. We reserve the right to refuse any order.
5. The quoted price for the goods may be varied due to any variation in the rate of exchange between the quote date and the time of delivery.
6. All quotations are strictly net cash against invoices, unless otherwise stated. In the case of export contracts payment in full shall be due upon presentation of shipping documents and invoices in the United Kingdom, or if by reason of the buyer’s act or omission we are unable to ship the goods when ready, upon presentation of invoices and notification from us that the goods are ready for dispatch, interest at the rate of 15% per annum may be charged on accounts unpaid within 60 days of invoice date.
7. Any date given for dispatch of the goods is an estimate only, (although prepared with the utmost care & attention), and no liability can be accepted for the consequences of any delay.
8. Unless instructions to the contrary are stated in the order we shall arrange for transport of the goods and delivery to the destination stated in the order. Goods are quoted ex-works and charges for carriage and insurance will be added to the invoice. Loss or damage in transit or short delivery must be notified within 3 days of receipt (of goods or invoice) otherwise claims will not be accepted.
9. If we do not receive forwarding instructions within 14 days of notification that the goods were available for dispatch a reasonable charge for storage including insurance and demurrage shall be made and shall be paid by the buyer.
10. All specifications, drawings and particulars of weights and dimensions submitted with quotations may be subject to variation, and the descriptions and illustrations contained in catalogues, price lists and any other advertising matter are intended merely to present a general idea of the goods described therein and none of these shall form part of the contract, nor shall they be treated as constituting a representation that goods of that type will be supplied.
11. (a) Alteration of the goods ordered before or after delivery will be undertaken by us on ly on terms agreed by us with the buyer which will provide for the payment of all such sums as may be reasonably required by us.
(b) Cancellation of any order will only be accepted on terms agreed with us which may if we so desire provide for the payment by the buyer to us of a cancellation charge which such charge may at our discretion include any administration expenses or charge incurred by us, any charges or expenses arising out of the resale of the goods to another purchaser any interest charges borne by us and such other sums as may be necessary to meet our loss and damage including any loss of profit.
12. (a) We warrant that in manufacture by us of goods only the best workmanship and materials have been employed. If within 12 months from the date of dispatch (subject to being used on a normal single shift basis only) there shall be found any defect caused by faulty materials or workmanship and not caused by fair wear and tear or damage in transit, accident misuse or neglect, we shall make good the defect free of charge either by repair or, at our option, by the supply of replacement part or parts.
(b) No warranty or guarantee is given in respect of proprietary articles and products supplied by us and not of our manufacture which are subject only to the maker’s guarantee or warranty (if any) and the buyer is entitled to the benefit of that guarantee only so far as we have the power to transfer it.
(c) No warranty or guarantee is given on used machinery unless specifically agreed in writing by us.
(d) Any warranty or guarantee available may be invalidated if the goods are installed or used improperly, or in an unsuitable environment.
(e) No liability for warranty will be accepted if the equipment is transferred to another site other than the original delivery address.
(f) Coborn Engineering Company Limited will accept no liability for warranty if the equipment is ordered for export to the United States of America, Japan or South Korea, where authorized agents have this responsibility.
13. Save as aforesaid no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will obtain any performance figures (unless such figures are guaranteed by us in writing) or that they will be suitable for any particular purpose or for use under any specific conditions, notwithstanding that any such purpose or conditions may be known or made known to us.
14. (a) Save as expressly provided in these conditions we shall be under no liability whatsoever in respect of any loss injury or expense whatsoever arising from any defect in the goods and in particular (but without prejudice to the generality of the foregoing) we shall not be liable for any consequential damage or expense or any loss of profit or any liability to third parties incurred by the buyer in consequence of such defects.
(b) The buyer will indemnify us in respect of any liability, loss, claim or proceedings whatsoever arising whether under any Statute or at common law in respect of any damage to property or the death or injury to any person caused by or by the use of any goods sold by us to the buyer unless in the case of death or personal injury only, such death or injury shall be proved to have been caused by our negligence or that of our employees.
(c) Nothing in these Conditions shall apply to exclude or restrict any liability which cannot be excluded or restricted by virtue of the Unfair Contract Terms Act
15. The buyer is responsible for safe custody and storage or damage (however caused) to or theft of any goods and plant or material (including tools used in erection) from the time such items are delivered to the customer’s premises (including transfer from our vehicle) and notwithstanding that the property and the goods, etc. may not have passed to the buyer.
16. The goods shall remain our sole and absolute property as legal and equitable owners until such time as the buyer shall have paid to us the agreed price together with the full price of any other goods the subject of any other contract. We may for the purpose of recovery of our goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them. Until such time as the buyer becomes the owner of the goods he will store them on his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as our goods. The buyer acknowledges that he is in possession of goods solely as a fiduciary for ourselves until he shall become the owner.
17. In the event of any dispute in connection with the contract we reserve the right to refer the matter to arbitration before a single arbitrator to be nominated by mutual agreement.
18. Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer’s acceptance of these conditions.
19. The invalidity, illegality or unenforceability of any provision of these conditions shall not affect the other conditions.
20. These conditions and the contract shall be subject to and construed in accordance with English Law.