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| Terms and Conditions |
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Orders are accepted on condition that the
following Conditions of Sale be accepted by the Customer to the exclusion
the Customer's conditions and any other conditions of sale or purchase and
that in the event of re-sale the Customer undertakes the responsibility
of ensuring that the ultimate purchaser is also fully acquainted with and
accepts the said conditions
- QUOTATIONS AND TENDERS
All quotations and tenders are "ex-works" unless otherwise
stated and are subject to a firm order being placed within 28 days unless
otherwise stated. The acceptance of the order by the Company will constitute
a contract subject to these conditions. Any variation of the Contract
must be in writing and signed by the Company and the Customer. Unless
firm prices are quoted in the quotation or tender the contract price
is based upon the cost of material, labour, transport, fuel and other
relevant factors applying, statutory obligations at the time of the
tender or quotation, and if between that date and the date of actual
delivery, variation either by rise or fall shall occur in these costs,
then the contract price shall be amended to provide for these variations.
The order must be accompanied by sufficient information to enable the
company to proceed with the order forthwith
- SPECIFICATIONS AND DRAWINGS
All quotations, drawings and information remain the Company's property
and copyright and are to be treated as confidential. Adequate drawings
will be supplied where necessary.
- CUSTOMER'S MATERIALS ETC., REPAIRS
While the Company takes all reasonable care of the customer's parts,
components and goods in its possession, the Company accepts no responsibility
for any damage, distortion, faults or defects therein which appear or
develop during the course of the work undertaken by the Company. Subject
to availability of parts, materials and labour, the Company will be
prepared to correct any such damage, distortion faults or defects at
the Customer's request and expense. All goods received by the Company
for repair or otherwise are held by the Company at the Customer's risk
as regards loss or damage except where the cause of loss or damage was
the result of the negligence of the Company, its servants or agents.
- CUSTOMERS REQUIREMENTS
When supplying goods in respect of a particular purpose every endeavour
is made to meet the requirements of Customers from the information supplied
by them. As full information will be supplied at the request of the
Customer regarding the manufacture and capabilities of any goods for
a particular purpose no responsibility is accepted as to the suitability
of any goods once an order is accepted, except under the terms of the
Company's Guarantee. Without prejudice to the generality of the foregoing,
the Company will furnish upon request data information and other services
relating to the application or use of the goods but the Company will
not be responsible and does not assume liability whatsoever for damage
of any kind sustained either directly or indirectly by any person in
or through the adoption or use of such data information or services
in whole or in part.
- DELIVERY AND COMPLETION DATES
(a) In the event of either-
(i) The Company being delayed in or prevented from making delivery or
completing the contract owing to act of God, force majeure, war, civil
disturbance, requisitioning, government or parliamentary restriction,
prohibition or enactment of any kind, import or export regulations,
strike, lock-out, trade dispute, difficulty in obtaining workmen or
materials, breakdown of machinery, shortage of fuel, fire, accident
or any other cause whatsoever beyond the Company's control, or
(ii) Non-delivery by the Company's suppliers.
the Company shall be at liberty to cancel or suspend the contract without
incurring any liability for any loss or damage resulting therefrom
(b) Whilst delivery and completion dates are given in good faith based
upon information available to the Company at the time of quotation or
tender, such dates are not guaranteed and the Company accepts no liability
for delay (as defined in 5(a)(i) above) in delivery or completion and
no delay (as defined) shall entitle the Customer to reject any delivery
or any further instalment or part of the Order or to repudiate the contract
or the order or any part thereof or to claim any damages or compensation
in respect of the said delay.
- DELIVERY: Loss or Damage in Transit
When the Company delivers to the Customer, delivery will take place
when the goods are delivered to the Customer's premises or unloaded
from transport which occurs last, and risk will thereupon pass to the
Customer. When the Customer collects from the Company delivery will
take place when the goods are loaded on transport or leave the Company's
works whichever occurs first, and risk will thereupon pass to the Customer.
The Company accepts no responsibility for any loss or damage to goods,
howsoever arising, after delivery has taken place, except in cases where
the Company itself has agreed to undertake transport, when the Company
accepts responsibility only for repair or replacement of damaged or
lost goods where the cause of damage or loss was result of negligence
of the Company's employee or agent. Customers are strongly advised to
make suitable insurance arrangements in respect of goods in transit
out of the Company's works. Claims in respect of loss or damage in transit
should be made direct on the carrier or transporter concerned.
- STORAGE
If the Company does not receive forwarding instructions within one month
after notification to the customer that the goods are ready for delivery,
the Customer shall arrange for storage at its own expense and risk failing
which the Company shall be at liberty to store or arrange for storage
of the goods at the Customer's expense and risk and the goods shall
be paid for by the Customer by reference to the time when the goods
are ready for delivery or are due to be delivered, whichever is later.
Any charges for storage or demurrage after delivery will be paid for
by the Customer.
- PATENTS ETC.
The Customer shall indemnify the Company against all actions, costs
(inducing the costs of defending legal proceedings), claims, proceedings,
accounts and demands in respect of any infringement of patents rights,
copyrights, registered design or similar protective rights resulting
from compliance with the Customer's instructions whether express or
implied.
- SUB CONTRACTORS
The right is reserved by the Company to sub-contract all or any part
of any contract without prior notice to the customer.
- INSPECTION AND TESTS
Any inspection of the goods by the Customer or his representative shall
be made at the Company's works or where otherwise nominated by the Company.
If special tests or tests in the presence of the Customer or his representative
are required these must be made at the Company's works or where required
by the Customer and will be charged for extra. In the event of any delay
on the part of the Customer of his representative in attending such
tests after having received seven days notice that the Company is ready,
the tests may proceed and shall then be deemed to have been made in
the presence of the Customer or of his representative.
- PACKING
Where goods are sold packed the extent of packing and or protection
will be the discretion of the Company unless the Customer specifically
requests special packing. The Customer is hereby informed that certain
large items of equipment require special packing. In all instances the
Customer will be charged extra for special packing.
- TITLE TO GOODS
(a) The Company reserves the right to cancel a contract for the sale
of equipment or the provision of services at any time before payment
in full has been received by the Company and in that event the Company
reserves the right to enter the premises in which the goods are kept
and recover possession of the goods.
(b) All goods supplied by the Company to the Customer in pursuance of
a contract of sale shall remain in the sole and absolute property of
the Company as legal and beneficial owner until such time as the Customer
shall have paid the agreed price to the Company.
(c) Not withstanding that the agreed price has not been paid and that
the Customer holds goods as bailee the Customer is entitled to use or
to resell or dispose of the goods to third parties in the normal course
of business on condition that any goods received in exchange for the
Company's goods or any proceeds of sale thereof are held by the Customer
as trustee for the Company and any such monies are to be held in a separate
bank account pending payment of the entire purchase price to the Company.
(d) In the event that the Customer has not received the proceeds of
any such sale or disposal he will if called upon to do so by the Company
within 7 days of being called upon to do so all rights and claims that
the Customer has against any third party in respect of the sale or disposal.
- PAYMENT
Prices quoted are net. Subject to credit being approved accounts are
due for payment not later than 30 days from the date of dispatch, otherwise
payment must be received by the Company before delivery. When deliveries
are spread over a period each consignment will be invoiced as despatched
and each months invoices will be treated as a separate account and be
payable accordingly. The Company reserves the right to charge interest
on all overdue accounts at three percent above current bank rates. Failure
to pay for any goods or for any delivery or instalment shall entitle
the Company to suspend further deliveries and work both on the same
order and on any other order from the Customer without prejudice to
any other right the Company may have. The Company reserves the right
where a Customer fails to adhere strictly to the agreed credit terms
or where genuine doubts arise as to a Customer's financial position
to suspend delivery order of any part or instalment without liability
until payments or satisfactory security for payment has been provided.
Where goods are to be delivered outside the UK payment must be made
against delivery of the goods or shipping documents f.o.b. U.K. Port
unless credit arrangements approved by the Company have been made.
- LICENCES ETC
The Customer will be responsible in all instances for obtaining any
necessary import licences and complying with all regulations governing
admission of the goods into the country of destination and for payment
of all customs duties, port duties and charges.
- GUARANTEE
(a) Subject to the subsequent sub-clauses of this clause the goods manufactured
and/or supplied and the services carried out by this Company are supplied
with the following express guarantee: -
The Company takes all precautions to ensure the quality of materials
and workmanship and guarantee all goods and services against faulty
material and/or workmanship for a period of six months from the date
of delivery. The terms of this Guarantee apply only to the first owner/user
of the goods.
(b) The Company will in no circumstances accept responsibility for any
defects whatsoever arising
(i) from fair wear and tear
(ii) from misuse of any goods
(iii) out of situations outside the control of the Company
(c) This Guarantee shall not apply to defects in any goods which have
been altered outside the Company's works and any claim hereunder must
be made in writing within 3 days of discovery of the defect and in any
event not later than 6 months from the date of delivery.
- SHORTAGES OR NON-DELIVERY
In the case of shortages or non-delivery of the whole or any part of
a delivery the Customer must notify the Company and the Carrier (if
applicable) within 7 days of the date of the Company's advice note and
make a written claim in respect of the shortage or non-delivery within
28 days of that date. Any conditions imposed by the Carrier in relation
to claims must be complied with.
- RESTRICTIONS ON COMPANY'S LIABILITY
(a) Subject as aforesaid, all express or implied warranties conditions,
representations, undertakings or liabilities, whether imposed by statute,
common law, custom or otherwise regarding damage or loss are hereby
expressly excluded insofar that such matters are within the bounds of
reasonableness and in the light of these terms and conditions; in particular,
without impairing the generality of the foregoing, no statement or descriptions
contained in any catalogue or advertisement issued by the Company or
any communication from the Company or made verbally or in writing by
any of the Company's agents, representatives, officers or employees
shall give or imply or be construed as giving or implying any such warranty,
condition, representation, undertaking or liability as aforesaid nor
shall such statement or description enlarge, vary or override or be
construed to enlarge, vary or override in any way any of the conditions
herein contained
(b) The Company accepts no responsibility for damage, direct, consequential,
contingent or resulting loss, loss of profits, cost, charges, expenses
or other liability whether of the Customer or of any other party, howsoever
arising but within the bounds of reasonableness, the Company's responsibility
being strictly limited to rectification or replacement as set out above
and those matters referred to in these terms and conditions. Such rectification
or replacement will be made as quickly as possible but the Company requires
a reasonable time to effect this. A claim in respect of any defect or
failure to comply with the specification or order or in respect of any
delivery or instalment of any order or any part thereof shall not entitle
the Customer to cancel or refuse delivery of or payment for any other
order, delivery or instalment or any part of the same order delivery
or instalment.
- WEB PURCHASES
The following terms and conditions in this clause 18, apply to purchases
made through our website only:
(a) Tennant Group grant you a limited licence to access and make personal
use of this web site, but not to download (other than page caching)
or modify it, or any portion of it, except with the express written
consent of Tennant Group. This licence does not include any resale or
commercial use of this web site or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative
use of this web site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools.
This web site or any portion of this Web site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for
any commercial purpose without our express written consent.
(b) We endeavour to display as accurately as possible the colours of
our products that appear on the website. However we cannot guarantee
that your monitor will accurately reflect the colour of the product
delivered.
(c) The contract shall not be concluded until we have received your
valid credit card charge or debit card payment details and we have accepted
the order by way of a confirmation by return e-mail to the address you
have given us during the registering procedure and on ordering.
(d) Every effort is made to ensure the complete accuracy of our website
however some prices/details may change from time to time and it is possible
that errors may occur. We will use our best endeavours to rectify any
errors as swiftly as possible but we cannot be responsible for any losses
incurred.
(e) We are entitled to refuse any order placed by you.
(f) To the maximum extent permissible by law, we exclude all warranties,
expressed or implied as to the accuracy of the information contained
in any of the materials on the website. We cannot accept any liability
for any particular material on the website or as a result of any use
or reliance placed upon information contained on the website.
(g) Any material downloaded or otherwise obtained through the use of
this website is done at your own discretion and risk. You will be solely
responsible for any damage to your own computer systems or loss of data
that results from the download of such materials.
(h) Once an order has been accepted by us we shall contact you as soon
as possible to advise a delivery date. Unless otherwise agreed, this
delivery shall take place within 30 days of the order being placed.
If for any reason we are unable to deliver within thirty days we shall
contact you to agree a revised date or to arrange for cancellation of
the order.
(i) You may cancel your order, subject to clause j) below, by informing
us of this in writing, any time up to seven days from the day after
delivery. Goods are to be returned to us at your expense in an unused
condition, without seals or wrapping being removed or broken. We will
refund your money within 30 days of receipt of the goods or within 30
days of your cancellation, whichever is the earlier.
(j) Where goods have been made to your specification or personalised
in any way, there is no right of cancellation once the order has been
accepted by us.
(k) In addition to the above clauses i) and j), we will refund the purchase
price in full, plus the cost of return postage, if the return results
from an error made by us, or from a defective item subject to clause
l) below.
(l) If it is established to our reasonable satisfaction that there is
a defect in the goods or there is some other failure by us in relation
to the conformity of the goods with the Contract, then we shall, at
our sole discretion and within a reasonable time:
replace such goods with goods which are in all respects in accordance
with the Contract at our own expense and at the address to which the
defective goods were delivered;
or issue a credit note to you in respect of the whole or part of the
Contract price of such goods as appropriate having taken back such goods,
subject, in every case, to the remaining provisions of this Condition
provided that the liability of us under this Condition shall in no event
exceed the purchase price of such goods and performance of any one of
the above options shall constitute an entire discharge of our liability
under this warranty. This Condition shall not apply:
(i) unless you notify us in writing of the alleged defect within 3 days
of the time when you discover or ought to have discovered the defect;
and
(ii) unless you afford us a reasonable opportunity to inspect the relevant
goods;
(iii) in respect of any defect arising from wilful damage, negligence,
abnormal storage conditions, failure to follow our or the manufacturers
instructions whichever is appropriate (whether oral or in writing).
(iv) if the total price for the goods has not been paid by the due date
for payment;
(v) in respect of any type of defect or damage specifically excluded
by us by notice in writing; or
(vi) if you make any further use of the goods after giving notice in
accordance with this Condition.
(m) Should you wish to cancel your order or require a refund, or if
you have any other query or complaint, please contact us at sales@tennantsafety.co.uk
(n) Our head office is at Tennant Group, The Midway, Nottingham, NG7
2TS. Registered in England 548218
- GOVERNING LAW
This contract shall in all respects be construed and operate as an English
contract and shall be governed by English law.
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