TERMS & CONDITIONS OF SALE

TERMS & CONDITIONS OF SALE
TERMS & CONDITIONS OF SALE
1. General
All quotations issued and orders received are subject to these
Conditions of Sales and no alterations shall take effect unless
confirmed in writing by Franke Sissons Limited, (hereinafter referred
to as “the Seller”). No terms, condition or warranty not recorded
herein shall be binding on the Seller, except where such is
necessarily imported into the contract under any Statute or at
Common Law.
2. Prices
(i) Errors and omissions are subject to correction
(ii) Unless otherwise stated in writing, prices charged would be
those ruling at the date of the order being received by the company.
(iii) Unless otherwise specified, prices include for the supply and
delivery only of the goods but not for their off-loading, positioning
and installation.
(iv) All prices shown are subject to VAT at the standard rate. Prices
are correct at the time of printing but are subject to alteration without
prior notification.
3. Payment
(i) In respect of an initial order and whenever else specified by the
Seller, the Buyer shall pay the Seller in full as a condition precedent
to despatching the goods. In all other cases, payment must be
made in full by no later than 30 days from the date of the invoice.
(ii) Where payment is not received by the due date, the Seller
reserves the right to charge interest on outstanding amounts for
each month or part of any month that payment is overdue, at the
rate of 1½ per cent per month, or part thereof, and/ or at the Seller’s
option to suspend all deliveries of all goods to the Buyer.
(iii) Should the Seller be prevented by the Buyer from effecting
delivery on the due date, the full price of the goods shall become
payable as if the goods had been delivered.
4. Delivery
(i) Any time expressed for delivery shall be deemed to be an
estimate only, time not being of the essence for the contract unless
separately agreed to in writing by the Seller. The Seller accepts no
liability for any loss sustained by the Buyer through late delivery and
further where a time for delivery has been agreed but delivery is
delayed for any reason beyond the control of the Seller, a
reasonable extension of time shall be allowed to the Seller.
(ii) Where working drawings have to be approved by either the
Buyer or his agent then the estimated delivery period is to be
applied from the date of receipt in writing by the Seller of this
approval.
(iii) Where a time for delivery is agreed and the Buyer fails for
whatever reason to accept the delivery, a minimum charge of £25
will be incurred and the Seller reserves the right to make a
reasonable charge for storage. Should delivery not be possible after
one week’s delay the Seller shall be entitled to submit his invoice
and the normal conditions of payment will apply.
(iv) The Buyer shall provide adequate labour and unloading facilities
at the place of delivery at his own risk and expense.
(v) If advance notice of the approximate arrival time of the delivery
vehicle is required this must be stated on the order.
(vii) An additional charge will normally be made for packing and
delivery outside the mainland of the United Kingdom.
(viii) Any special delivery arrangements by passenger train, carriers
or similar requests by the Buyer will be charged at cost.
Delivery Charges
UK Mainland and Northern Ireland - Normal standard product
consignments* will be delivered next day without a delivery charge.
Orders less than £100 net value, excluding VAT, will incur a delivery
charge of £10. Consignments above this value, deliveries of
specially fabricated products or particularly large orders may require
special transport and Franke Sissons reserve the right to charge as
necessary.
Republic of Ireland – Deliveries are free of charge on a weekly
basis or sent on a chargeable next service based on 3% of the net
invoice value with a minimum charge of £40. Orders less than £100
net value, excluding VAT, will incur a delivery charge of £10.
Channel Islands and Scottish Islands - Deliveries are based on
an ex-works lncoterms 2010. Deliveries can be arranged on a 2/3
day carrier service and are priced on application. The charge to be
quoted when the order is placed.
Site Delivery Charge A site delivery charge for standard
consignments will incur a £25 fee.
Special Deliveries Franke Sissons reserve the right to charge as
necessary for special or timed deliveries (including Saturdays),
made at the request of the customer. Deliveries that cannot be
completed due to the fault of the customer will be chargeable.
*Excludes fully assembled units, specially fabricated products
and consolidated palletised consignments.
5. Restocking Charges
(i) Only products that meet the following criteria, will be considered
for return by prior agreement
- Less than 30 days old (from invoice date)
- In its original packaging
- In a resalable condition
- A current product shown in the latest published copy of our sales
catalogue
(ii) A restocking charge of 25% of the original invoice value will be
applied.
(iii) Any goods authorised for restocking must be returned at the
customer’s expense and risk. Any goods received back damaged
will not be credited.
(iv) An Authorisation to return goods needs to be issued by Franke
Sissons before any goods will be accepted. Franke Sissons reserve
the right to refuse a restocking request.
(v) Non-standard products cannot be accepted for return.
6. Cancellation of Order
(i) Special item orders cannot be cancelled. The Seller will invoice
the full amount whether or not the product is still required.
(ii) Once goods have been delivered they are not in any
circumstances returnable without the Seller’s agreement in writing.
7. Damage or Loss in Transit
(i) The Seller’s responsibility ends with the arrival of goods at the
designated delivery point. The Seller is not liable for any damage or
loss during unloading or thereafter.
(ii) The Buyer or his agent should examine goods on arrival and
details of any damage or loss entered on the Carrier’s note.
(iii) In the event of non-arrival, damage or shortage of goods, no
claim will be accepted unless notification is given to the Seller in
writing within 7 days from the date of the Seller’s invoice.
(iv) Damaged goods will not be replaced or repaired if they have
been used or installed.
8. Property and Risk
(i) Title to each item of the goods supplied by the Seller remains
vested in the Seller until the purchase price and all other monies
owing by the Buyer in relation to those goods or the price (whether
or not due) are paid in full.
(ii) In addition, and without prejudice to sub-condition (i) above, title
to goods supplied by the Seller remains vested in the Seller until
such time as there are no monies owing by the Buyer to the Seller
on any account (whether or not due).
(iii) Not withstanding this reservation of title the Buyer may resell
any goods in the ordinary course of business which remains the
property of the Seller, in which event the Buyer shall remit the
proceeds of sale to the Seller and in such a way that they are kept
separate and are readily identifiable.
(iv) The Seller shall be entitled (but not obliged) at any time to
recover and dispose of any goods to which it has retained title under
this clause and the Buyer will be deemed to have granted to the
Seller an irrevocable licence, for so long as any monies shall remain
owing to the Seller to enter the Buyer’s premises to inspect and
recover any such goods.
(v) The Buyer agrees to undertake in respect of all goods that
remain the property of the Seller:
(a) To store the same in such a way that they are readily identifiable
as the property of the Seller.
(b) To insure the same to their full value.
(c) To hold the same in all respects as bailee for the Seller.
(vi) Where the property in the goods has not passed, the Seller may
nevertheless maintain an action against the Buyer for the purchase
prices and all other monies then owing to the Company in relation to
the goods notwithstanding Section 49 of the Sales of Goods Act
1979.
(vii) If the Seller repossesses or resells its goods is shall credit the
Buyer in the Seller’s accounts (in each case after deduction of all
expenses of recovery and/or sale) with the lesser of (i) the net value
or proceeds of sale (as the Seller may elect) of the goods and (ii)
the invoiced price (excluding value added tax) to the Buyer of the
goods. (viii) Notwithstanding the provisions of Condition 8(i) and
8(ii) above the goods shall be at the risk of the Buyer from the time
when they are tendered for the delivery at an agreed destination or
are available for collection by the Buyer or cease to be in the
Seller’s possession and in particular when they are delivered into
the possession or custody of a carrier, forwarding agent,
warehouseman or other bailee or agent for the purposes of
transmission whether or not such person contracts with or is
instructed by the Seller or Buyer.
9. Drawings
All drawings by the Seller shall remain the Seller’s property and
copyright, and therefore must not be wholly or partially used or
copied without the Seller’s written permission.
10. Description
Illustrations and dimensions, in the Seller’s catalogue or
documents, although correct in general detail, do not constitute a
sale by description. The Seller’s policy is one of continuing
improvement and the Seller reserves the right to vary or modify the
design, specification, or surface finish without notice, unless written
undertaking has been given to the contrary.
11. Replacement
Where the goods supplied by the Seller are of the Seller’s design
and manufacture the Seller will make good any defects in those
goods subject to the following conditions:(i) The Buyer shall notify the Seller in writing at the Seller’s address,
Franke Sissons Ltd, Carrwood Road, Sheepbridge, Chesterfield,
S41 9QB within 7 days of the date of delivery.
(ii) The Seller shall be provided with an adequate opportunity to
examine the goods.
(iii) The Seller shall not be obliged to replace any goods or make
any allowances or other arrangement if, in the reasonable opinion of
the Seller, the defect has arisen from accident, misuse, neglect,
installation, lack of reasonable maintenance, or any other cause
beyond the reasonable control of the Seller.
(iv) Where the defect is reasonably attributed to the fault of the
Seller, the Seller shall replace or repair the defective goods, but
shall not be liable for any costs of removal of the defective goods, or
installation of replacement goods, nor any consequential loss or
damage arising there from.
(v) The Seller will not accept any charges for remedial work that is
carried out without his express authority and approval.
(vi) The Seller’s liability shall be limited to the repair or replacement
of materials and components manufactured by the Seller. No goods
are guaranteed by the Seller for any specific length of time but are
warranted to be free from defect in workmanship and materials at
time of delivery. No liability can be accepted in respect of products
that have become defective due to contact with corrosive liquids
such as strong bleaching solutions and fluids, photographic
developing liquids, immersion type silver cleaning fluids and the like
that are injurious to stainless steel.
(vii) Where goods and components supplied by the Seller are not of
the Seller’s design and manufacture, the Seller’s liability shall be
limited to the guarantee provided by the manufacturer of such
goods and components.
(viii) The Seller shall not be under any duty arising from Section 11
of these Conditions of Sale if the Buyer is in breach of any provision
of the Contract with the Seller until the Buyer has remedied the
breach.
The Buyer will notify the Seller of any intended application of the
goods other than that contemplated in the information referred to in
sub-section (i) above so as to enable the Seller to verify that the
goods will be safe for use in such application.
14. Termination
If the Buyer commits any breach of these conditions, or if in the
opinion of the Seller, the financial standing of the Buyer becomes
unsatisfactory, the Seller may, without prejudice to its other rights
and remedies, terminate this contract and any other contract with
the Buyer. The Seller shall also be entitled to require immediate
payments for all goods delivered. In the event of termination under
the provisions of this clause the Seller shall be relieved of all liability
under this contract and any other contract so terminated.
15. Force Majeure
In the event of war, invasion, act of foreign enemy, hostility (whether
war has been declared or not). civil war, rebellion, revolution,
insurrection or military or usurped powers, the Seller shall be
relieved of liabilities incurred under the contract whatsoever and to
the extent to which fulfilment of such obligations is presented,
frustrated or impeded as a consequence of any such events or by
status, rules, regulations, order or requisition issued by any
Government Department, Council, or duly constituted authority, or
from strikes, lock-outs, breakdown of plant or any other causes
(whether or not like nature) beyond the Seller’s control.
16. Law and Arbitration
(i) All contracts entered into by the Seller shall be subject to English
Law.
(ii) In the event of any dispute between the parties the same shall
be submitted to an appropriate arbitrator selected by the Seller.
17. General
(i) Any notice to be given under these conditions may be delivered
by hand, or sent by first class post, addressed to the party to be
served at its registered office for the time being or (if not a company)
the address for the party giving the notice. Notices served by post
shall (except where expressly provided otherwise) be deemed
served on the second business day after the date of posting,
‘business day’ shall mean a day other than a Saturday or Sunday or
an English Bank or Statutory Public Holiday,
(ii) No failure or delay by the Seller in exercising any of its rights
under this contract shall operate as a waiver thereof.
(iii) In the event that any of these conditions shall become or shall
be declared by any court of competent jurisdiction to be invalid or
unenforceable in any way, such invalidity or unenforceability shall in
no way impair or affect any of the other conditions hereof all of
which shall remain in full force and effect.
(iv) Clause headings are for ease of reference only and do not
affect construction.
18. Warranty
(i) Franke Sissons products have the following warranty:
Stainless steel – 5 years
Miranit – 5 years
Taps and water controls – 2 years
Waste disposal units – 2 years
Glass reinforced plastic (GRP) urinals – 3 years
Hand dryers – 1-3 years depending on model
Warranty is from the date of supply by Franke Sissons, against
faulty workmanship in the manufacture and for products placed and
used under normal conditions.
19. Payment Methods
Payment can be made by BACS transfer or cheque at no extra
charge. Payment by credit/debit card will be processed with an
additional 2.5% handling charge. Any re-represented or
dishonoured cheque will be charged an administration fee of £10.
20. Retention of Title
All goods delivered by the company will remain the company’s
property until all debts owed to the company by the buyer, including
any balances existing are settled.
21. Internet Resellers Policy
A buyer wishing to resell Franke Sissons products on the internet
must sign up to the Sellers Internet Partner Agreement provided by
the seller to be entitled to purchase the Products on the terms of the
Conditions of Sale and to resell those Products. Franke Sissons
have the ultimate decision on approved resellers.
12. Indemnity
The Buyer shall indemnify the Seller against all damages, penalties,
costs and expenses to which the Seller may be liable if any work
done in accordance with the Buyer’s specification infringes any third
party property right.
13. Information
(i) All warning data sheets, diagrams and other information as to the
construction, assembly use, storage or disposal of the goods made
available to the Buyer before, at the time of, or after the time of
supply of the goods to the Buyer shall be supplied by the Buyer to
any person to whom the Buyer supplies the goods or any product in
which the goods are incorporated and the Buyer shall impose a
similar requirement on such person. The Buyer shall indemnify the
Seller in full against all liabilities costs claims demands and
expenses resulting from any failure by any person other than the
Seller to make such warnings data sheets, diagrams and other
information available to any other person.
(ii) Where an indication as to time limits for the use of the goods has
been supplied to the Buyer shall procure that all persons into whose
hands the goods may come are aware of such time limits and shall
not supply the goods after such time limits have been exceeded. (iii)
January 2015
Franke Sissons, Carrwood Road, Chesterfield S41 9QB
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