TERMS AND CONDITIONS OF BUSINESS
- These conditions are the terms on which Trent Scales Limited (hereinafter referred to as ‘The Company”) contracted for the sales and/or supply of goods services and
no variation or modification of these terms and conditions (notwithstanding subsequent document) shall be of any effect unless amended in accordance with para. 15
Interpretation of trade terms used in any contract with the Company shall be those laid down in the International Rules for the interpretation of Trade Terms commonly
known as “Incoterms”.
No order shall be binding upon the Company unless it is expressly accepted in writing by the Company.
Prices for the Company’s goods are subject to alteration and Orders are accepted on the basis that the goods will be invoiced at the price ruling at the date of dispatch
by the Company unless otherwise stated on the Company’s quotation and all prices are subject to the addition of Value Added Tax at the appropriate rate, where
- Export Prices
Prices for the Company’s goods for export are based upon the Foreign Exchange Rate ruling at the date of dispatch of the goods by the Company.
- Terms of Credit
Any order for goods placed with the Company shall be subject to the customer providing to the satisfaction of the Company, evidence of his credit worthiness.
Payment shall be made by the customer immediately upon receipt of the Company’s invoice and if the invoice is not paid in full within a period of 30 days of its dispatch
by the Company by first class post to the customer the Company shall be entitled to charge interest on the amount due at 8% above the National Bank base lending
rate applicable at that time. The Terms of payment under these conditions can only be varied by agreement of the Company in writing and included in the Company’s
official Acknowledgment of Order.
- Ownership of Goods Property in the goods shall not pass to the customer until the goods are paid for in full by the customer and the Company shall have the right
to recover such goods not paid for in full at the expense of the customer.
(a) Insurance of all goods supplied by the Company shall be the responsibility of the customer immediately upon the delivery of the goods to his premises, or to the site
to which they are to be delivered.
(b) Insurance of goods exported from the United Kingdom shall be the responsibility of the customer immediately upon the delivery of the goods by the Company to
the Port of Embarkation.
The Company reserves the right to refuse cancellation of orders placed by customers and acceptance of goods returned to the Company without its permission will be
refused in respect of any goods returned to the Company with its permission the customer shall be responsible for the original cost of transport, the cost of removal of
the goods and return transport and a restocking charge of 10 % of the total value of the Company’s invoice.
Any times and/or dates whenever and howsoever stated or given by the Company are given and intended as best estimates only and shall under no circumstances
whatsoever be or become of the essence of any contract between the Company and the customer and the Company shall under no circumstances whatsoever be liable
to the customer for any loss damage or expense whether caused directly or indirectly by or from any delay in the delivery of the goods.
Information regarding the Company’s goods are contained in Catalogues and other printed matter provided by the Company to the customer are given in good faith but
are intended as being approximate and it shall be the duty of the customer to rely on its own judgement as to the nature quality and suitability for its purpose of the
Company’s goods. The Company reserves the right to alter or amend specifications without prior notice.
- Damage and Shortage
(a) Where goods are delivered by outside carriers damage or part loss claims cannot be entertained unless the carriers and the Company are notified in writing within
three days from the date of delivery.
(b) Where goods are delivered by the Company and a receipt of delivery note signed by the customer is received, the goods will be deemed to have been examined and
therefore no claim for damage or loss made by the customer can be entertained by the Company. The customer may not exclude this provision either by marking his
signature ‘unexamined” or by failing to return the signed delivery note or otherwise.
The Company’s liability for replacing goods which have proved, to the Company’s reasonable satisfaction to be defective under careful use because of defective ma-
terials, whether used by the Company, its associates or suppliers, or because of faulty workmanship of the Company’s employees before and during the three calendar
months from the date of supply, is limited to replacing such goods tree of charge. Any such replacement is subject to the customer not having attempted to repair the
goods himself or in any way interfered with the goods. This guarantee is given in lieu of all other warranties conditions and obligations imposed or applied by statute or
otherwise and in particular, without prejudice to the generality of the foregoing, the Company shall not be liable for loss of profit or goodwill of the buyer or any other
person arising directly or indirectly from any breach of this contract or for any other indirect or consequential damage whatsoever, No claim under this guarantee by
the buyer shall be a basis for rescinding the contact or for withholding payment of any sum due to the Company under this or any other contract.
- Any variation of these Terms and Conditions of Business shall only be of any effect if they are expressly agreed in writing by the Company under the signature of a
Director of the Company.
- Forces Majeure
The Company shall not be responsible in any way whatsoever by its failure to perform all or part of the Contract as a result of interruption of the Contract by act of God,
sanctions, embargo or any other restriction or Order of any government or agencies or by war, threat of war, warlike conditions, mobilisation, blockade, revolution,
civil commotion, riot, sabotage, strike, lock-out, sickness epidemic, fire, flood, breakdown at the Company’s or any of its associated factories, accidents, curtailment in
manufacture, transportation or any other circumstances beyond the control of the Company. Shipment or transportation of goods involved in any of the aforementioned
matters may be delayed for a period necessary for restoration from such disturbances, however, either the Company or the customer shall have the right to terminate
the Contract under a telegraphic notice to the other if such a delay in shipment shall exceed thirty days.
- General Exclusions
The Company shall not be responsible in anyway for damage to equipment caused by vermin.
- Laws and Jurisdiction
The Laws of England and Wales shall be the only Laws applying to this Contract and any litigation arising out of this Contract shall be conducted only in England.