D N Specialist Services and
Equipment Terms and Conditions of Business:
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Definitions
In these Terms and Conditions : The Company shall mean D N
Specialist Services and Equipment. Also known as
'DNSSE'. The Buyer shall mean any person, partnership,
firm or company placing an order.
The Goods shall mean all goods, materials and services provided
by the company in fulfilling the order.
The Works shall mean all labour and materials used for
installation, maintenance or services provided by the
company.
Where referred to as: The first party being the company.
The second party being persons or organizations in receipt of
information supplied by the company.
The third party(s) being all other persons or organizations
infinitum.
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Application
All contracts for the sale of the company's goods and or
services are made expressly subject to these conditions unless
or until officially varied in writing by an authorised officer
of the company. In particular no purported verbal variation of
these conditions shall bind the company and these terms and
conditions shall take precedence over any other which the buyer
may seek to impose.
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Quotations
Quotations unless withdrawn earlier or specifically stated
other-wise in writing are valid for a period of twenty eight
days. They represent no obligation until the buyers order is
accepted and acknowledged in writing.
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Information
The buyers order must be in writing and contain sufficient
information to enable the company to proceed forthwith. If such
information is not supplied then the company reserves' the
right to revise any tender or quotation and to extend the time
for performance.
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Descriptions
Unless otherwise stipulated; all specifications, drawings and
particulars of weights, measures and performance submitted
within the company's proposals are deemed appropriate and
the descriptions and illustrations contained in catalogues,
price lists or other goods described therein, of which none of
these shall form part of the contract.
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Price and Delivery
Prices are ex-works and are unless otherwise stated in writing
exclusive of Value Added Tax or any other amount imposed by
Her Majesties Government and Customs and Excise, also carriage
and special packaging and shall be charged at the price ruling
at the date of dispatch unless previously agreed in
writing.
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Payment
Where no credit agreement has been made the full purchase price
for the goods or services shall be made prior to the supply of
any products, equipment or services being made. Where
agreement for credit has been made the full contract price of
all goods delivered shall be invoiced on the date of despatch.
All installation and service or maintenance work shall require
a deposit prior to work commencing. An invoice shall be raised
at the end of the first fix stage or at intervals agreed prior
to the order being accepted. Upon completion of all works
being carried out a final invoice shall become due. This
invoice shall contain all amounts due in the main contract and
for any variations to the original contract undertaken during
the continuance of the contract. All variation(s) shall only
be undertaken upon receipt of a written and signed order. The
company reserves the right to suspend subsequent deliveries of
goods or works where payment has not been received by the due
date.
The company reserves the right to refuse to execute any order
or contract if the arrangements for payment or if the
buyers' credit is not satisfactory to the company. In the
event of non-payment of any due accounts or in the case of
death, incapacity bankruptcy or insolvency of the buyer or when
the buyer is a limited company in the case of liquidation or
the appointment of the receiver ,then the price of all goods
and services delivered or otherwise provided by the company to
the buyer shall become due and payable immediately. In addition
the company shall have the right to cancel all contracts with
the buyer or to suspend or continue at its option further
deliveries and or services without prejudice to the
company's right to recover any loss sustained.
Payment is due within fourteen days from the date of issue of
an invoice. Interest on late payments will accrue at eight
percent per twenty eight day period from the date as defined
above and will continue to accrue on any outstanding amounts
until payment is made in full. The company reserves the right
to charge at its discretion for any administration or other
activities it undertakes to recover money's owing to the
company.
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Title and Risk
Risk shall pass to the buyer at the time of delivery. The
company shall retain title to the goods until it has received
payment in full of all sums due in connection with the supply
of goods or works undertaken. A payment shall be deemed to have
been received only when the amount of that payment is credited
to the company's financial accounts. The buyer shall insure
all goods so owned by the company and store them in such a
manner that they are identifiable as the property of the
company. All goods supplied by the company in the buyer's
possession shall be presumed to belong to the company unless
the buyer can prove otherwise. Until title of the goods has
been passed to the buyer as provided above, the company shall
be entitled to enter the buyers premises or site premises to
exact recovery of goods or trace the proceeds of sale of any
goods owned by the company. Such proceeds shall be held on
trust by the buyer for the company and shall be on the
company's request paid into a separate identifiable bank
account.
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Transit Damage
The buyer shall advise the company in writing within seven days
of receipt of any damaged goods and on receipt of authorisation
from the company return the goods complete and securely
packaged in the original packaging carriage paid quoting the
company's return reference number.
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Shortages
The company will consider claims for shortages only if the
company and its carriers receive written notice within seven
days of delivery. The packaging and its contents must be
retained for examination by the company or its carriers.
Failure to advise the company of non-delivery within seven days
shall absolve the company of its responsibility.
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Inspection and Testing
The company shall carry out where necessary testing and
inspection of all goods manufactured and or works provided by
the company. Services and installations supplied by the company
together with any other works or services specified at the time
of acceptance of an order. Additional inspection and testing
will be charged to the buyer and time for completion of works
may be extended.
If the buyer requires to be present at the time of such tests
the company shall give the buyer where practicable seven days
notice in writing of the date and place at which the said
testing will take place. Should the buyer fail to attend on the
appointed date , the test shall proceed in his absence and be
deemed to have been made in his presence.
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Warranty
The company guarantees at its discretion to replace free of
charge any goods found to its satisfaction to be defective with
a twelve month period of the date of the delivery where the
defect is the result of the company's faulty design,
materials or workmanship provided that the goods have been
properly operated and maintained and have not been modified or
repaired other than by the company.
Where goods have been manufactured by a design supplied by the
buyer no liability of the company is excepted by the company
for the design errors which remain the responsibility of the
buyer.
In the case of goods manufactured by third parties the
liability of the company shall not exceed the warranty of the
manufacturer of such goods.
Goods returned under warranty shall be delivered to the
company's premises at the company's expense.
Goods returned under this guarantee and found not to be
defective will be returned to the buyer at his expense and
subject to a charge for the testing and administration by the
company.
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Limitation and Liability
The company's liability as defined in clause 12 shall be in
lieu of any conditions or warrantees implied by law within the
United Kingdom as to the quality or fitness for any particular
purpose of goods and as provided for in that clause the company
shall be under no liability whether in contract tort or in
respect of defects in the goods or for any damage or loss
resulting from such defects or from any works done in
connection there within.
The company shall indemnify the buyer against damage or injury
to persons or property occurring while the company is working
on site to the extent caused by negligence of the company
provided that notwithstanding the provisions of clause twelve.
The company's liability to the buyer shall not exceed five
hundred thousand Great British Pounds or the price of the
contract whichever is the greater.
Except for the personnel injury or death the company shall not
be liable to the buyer by way of indemnity or be of breach of
contract for the loss of use or profit or any consequential
loss however caused that may be suffered by the buyer.
Where alarm systems are installed upon final test and
commission of the system all liability for performance,
operation, service and maintenance shall pass to the client
excluding service and maintenance when written under
agreement.
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Deferred Delivery
If the buyer is unable or unwilling to take delivery of goods
when they are ready for despatch, the company shall arrange
storage at its works or elsewhere at the buyers risk and
expense. Delivery to such storage shall be deemed in accordance
with the contract and goods shall be invoiced and warranty
periods shall commence at such time.
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Origin of Goods
No warranty or representation is given in respect of the source
or origin of the manufacture of goods or any part
thereof.
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Variations and Cancellations
If after the company's acceptance of the buyers order, the
buyer wishes to vary the contract, the company may at its
discretion implement such variations only on the buyers written
instruction including therein acceptance of the company's
revisions to the contract price and the time for completion
resulting from such variation. Cancellation of an order can
only be made with the consent and terms which indemnify the
company against all loss.
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Assignment
The buyer shall not without written consent of the company, in
which the consent shall not be reasonably withheld assign nor
transfer the contract or part of it to any other party.
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Product Improvement and
Substitution
The company reserves the right to make changes which do not
detract from the performance of facilities of the goods and
which are not given within the company's documentation as
to keep abreast of continual technical innovations and
improvements. The company further reserves the right to
substitute goods of an equivalent performance if the goods
specified in the contract are not available on the date
scheduled for delivery.
Quotations unless withdrawn earlier or specifically stated
other-wise in writing are valid for a period of twenty eight
days. They represent no obligation until the buyers order is
accepted and acknowledged in writing.
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