General Terms and Conditions
(a) In these Conditions "The Company" shall mean HiTec Systems Limited
(b) All quotations are submitted and all orders are accepted subject to these conditions(c) The placing of an order will signify the acceptance of The Company's conditions where there is variance with any conditions contained in a purchase order or in any other correspondence received from The Purchaser
(a) It is an express condition that the prices contained in any quotation are valid for a period of thirty days from the date of issue of the quotation.
(b) All prices quoted are net ex-works exclusive of VAT unless otherwise specifically stipulated in the quotation.
(c) The costs of packaging, carriage and transit insurance shall be an additional charge payable by The Purchaser. For export orders this will include handling and landing charges, local taxes and any other charges that may apply.
3. Order Acceptance
(a) The tendering of a quotation does not obligate The Company to accept any order arising therefrom.
(b) A contract of sale shall not be formed until The Company makes a written acknowledgement of The Purchaser’s order.
(a) Payment of the goods shall be within thirty days of the date of issue of the Invoice or as specified in the quotation. The Company reserves the right to apply interest to any overdue payment, such interest being calculated on a daily basis at a rate of 8% above the current Bank of England Base Lending Rate.
(b) Should payment be in excess of 90 days overdue, The Company reserves the right to secure the services of a Debt Collection Agency or other legal representative(s) in order to obtain overdue payments. The costs of any and all such services, fees and associated expenses will be the sole responsibility of The Purchaser.
(c) The ownership or title of any goods supplied shall not pass to The Purchaser until the purchase price, plus any interest or collection charges (as stated in 4(a) & 4(b) above) are paid in full and The Purchaser shall permit any Agents or Servants of The Company to enter The Purchasers premises to repossess goods at any time prior thereto. The Purchaser shall keep segregated and clearly identifiable (by not removing any labels or identifying numbers etc.) any goods purchased until the purchase price, plus any interest or collection charges (as stated in
4(a) & 4(b) above) is paid in full.
(d) Unless otherwise stated in writing, payment terms for any export orders will be fifty per cent payable with placement of order, balance payable either by direct electronic transfer of funds or by Irrevocable Letter of Credit in favour of The Company confirmed by any U.K. Clearing Bank, payable at sight against presentation of documents evidencing shipment. Bill of Exchange to be drawn on an approved U.K. Clearing Bank.
(a) .Any delivery date quoted by The Company must be treated as our best estimate only, and does not form part of any contract. The Company shall be under no liability whatsoever for any failure or delay in dispatch or delivery. nor for any loss or damage whatsoever arising therefrom.
6. Liability for loss, damage and all risks
(a) Unless otherwise agreed in writing, risk shall pass to The Purchaser from the date of dispatch of the goods by the Company or its agents, or carrier’s collection of the goods.
7. Damage or loss
(a) Where The Company delivers the goods, any claim with regard to shortage or damage must be submitted to The Company in writing within seven days from the date of delivery, failing which no claim will be entertained.
(b) The maximum amount of any claim is limited to the total order value. Where The Company agrees a claim, The Company shall have the option of replacing the goods in part or whole, or the payment of compensation. No liability for any consequential losses whatsoever will be borne by The Company.
(a) Information and instructions with regard to installing, fitting and connecting our goods are given in good faith based on previous examinations and installations of similar applications for which the goods have been designed and are considered to be reliable but does not involve The Company in any liability for failure to obtain equivalent results on any installation due to the differences in some parameters outside our control.
(b) The Company reserves the right to vary at any time and without prior notice, the specifications (including capacities and dimensions) and design of goods, and to supply goods as so varied in performance of any order.
(a) The Company will, in compliance with The Sale of Goods Act, make good or replace free of charge at their option any parts which through fair and reasonable usage have proved to be defective due to faulty workmanship or materials for a period of one year from the date of dispatch from our Works. Any such defective part (or parts) must be returned carriage paid to our Works, but The Company will pay the costs of supplying the repaired or replacement part(s) to The Purchaser.
(b) The Company shall not be responsible for any costs incurred by The Purchaser or for any loss or damage of whatsoever nature whether direct or consequential arising from any such defect.
(c) Any goods or component parts supplied by but not manufactured by The Company will carry the same warranty as given by the original manufacturer.
10. Returns and shortages
(a) Goods that prove to be unsuitable may be returned for credit or exchange if they are returned to The Company within a period of seven days from date of receipt (or after a longer period if agreed in writing by The Company) subject to the following conditions.
(b) All items are returned at The Purchaser’s cost. They must be unused and complete with all packaging in good condition. The Company reserves the right to levy a charge to replace packaging where it is defaced or damaged.
(c) All returns are to be accompanied by The Purchaser’s name and address, Invoice and/or Delivery Note Number and Account Number, together with the reason for the return of the goods.
(d) The Company shall not be responsible for any labour charges incurred during the fitment of removal of faulty or incorrectly supplied goods.
(e) The Company will not accept the return of any goods that have been especially ordered or correctly manufactured or supplied to your specification.
(f) The value of any Credit Note or exchange allowance given by The Company for returned goods shall be for the
actual purchase price paid by The Purchaser for those goods and will not include any packing or carriage charges incurred in delivering the original goods to The Customer.
11. Health and safety
(a) The Purchaser shall ensure that all information supplied by The Company with regard to use of goods (including installation instructions and information of the conditions necessary to secure that use is safe and without risk to health) will be available to and will be applied by his/her employees, agents and contractors.
(b) When goods are to be exported by The Company then The Purchaser shall be deemed to have satisfied himself that the goods comply fully with any and all of the safety regulations which may be applicable to the goods in the country where they will be installed and/or used and shall keep The Company indemnified from the consequences of any breech of such regulations.
(c) Goods supplied by The Company must not be used in any manner which would infringe the "Health and Safety
At Work" regulations, or any other pertinent regulations that may apply to The Purchaser’s area of operation..
(d) Any Instruction Sheets that may be issued with any of The Company’s goods are to be taken as a guide only (due
to variances in specification that may occur between machines of the same model) and the purchaser should
ensure that the person installing any such goods is competent and qualified to do so and that the installation
complies in all respects with any appropriate Regulations and/or Recommended Codes of Practice.
(a) Upon notification of Liquidation or Bankruptcy proceedings or of a Receiver being appointed against The Purchaser, The Company shall be entitled to terminate any contract without any compensation to The Purchaser but without prejudice to any rights of The Company to sue for payment in respect of any items that have or are in the process of being manufactured specifically for The Purchaser, as well as any goods already delivered or services already provided under the contract.
13. Cancellation charges
(a) A contract or order may not be cancelled by The Purchaser without the written agreement of The Company and may be subject to the payment of a cancellation fee to be negotiated with The Company.
(a) The Purchaser agrees to respect any Copyright, Design Rights and Intellectual Rights that may apply to any goods, drawings, instructions or any other items or materials supplied by The Company and undertakes not to (or permit any third party to) copy, replicate or reproduce any such items by any means whatsoever.
15. English law
(a) Any contract which may arise between The Company and The Purchaser as the result of a quotation or other tender shall be constructed and operated in all respects as a contract made in England and in conformity with English Law.
(b) The terms of the Conditions and any Contract entered into upon these terms hereof shall be constructed in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction with regard to any dispute arising thereunder.
© HiTec Systems Limited 2018