Propack Terms & Conditions
CONDITIONS OF SALE
Unless expressly agreed in writing the following conditions will apply.
1. (a) QUOTATION is valid for a period of 3 months from date of quotation.
(b) PRICE is based upon current costs of materials and labour at the date of quotation, but shall be subject to adjustment in respect of increases or decreases in such costs as may take place between the date of quotation and the date of despatch.
(c) DESPATCH TIME shall commence from receipt of:-
(i) Written signed order
and (ii) Manufacturing samples/information (see Quotation, “Required with Order”).
and (iii) First instalment payment.
and is given IN GOOD FAITH BUT WITHOUT GUARANTEE although every effort will be made to adhere thereto.
(d) OUTPUTS stated are the maximum operating speed which Seller estimates can be attained without difficulty on good quality components under good operating conditions. Unless stated to the contrary, they are not guaranteed.
2. ACCEPTANCE
No order shall be binding on the Seller until accepted in writing, when a signed Order Acknowledgement will be sent. Buyer is requested to check Order Acknowledgement and notify Seller immediately if any detail is not in accordance with Buyer’s requirements.
3. INSPECTION
By Buyer’s representative of completed equipment prior to despatch will be welcomed. In absence of Buyer’s representative, Inspection Certificate will be signed by Seller’s staff. So far as is practical Seller will meet Buyer’s reasonable requirements as regards functional tests but Buyer shall provide all necessary materials for such tests free of charge and meet any additional costs incurred.
4. PACKING
(a) United Kingdom - all equipment is supplied UNPACKED, EX-WORKS. Returnable packing will be charged but credited in full if returned within 2 months from date of despatch. Seller reserves right to charge for labour of packing and for non-returnable packing material where cost is high in relation to the value of goods supplied.
(b) Export - all equipment is supplied on an FOB, FOR, FOA, C&F or CIF basis as indicated. Equipment for road, rail or airfreight will normally be packed on non-returnable pallets with polythene covers. Equipment for seafreight will be packed in non-returnable lined wooden cases in accordance with BS1133. Where special packing is required, the Seller reserves the right to charge extra.
5. TRANSPORTATION
(a) United Kingdom - unless otherwise instructed, Seller will despatch by the most appropriate method and debit the cost to the Buyer’s account.
(b) Export:-
(i) FOB, FOA & FOR PRICES include delivery to LONDON port, railhead or airport; a supplementary charge is payable for other places of shipment. Unless otherwise instructed, shipment is effected. “Freight forward - uninsured”. If requested, freight and/or insurance will be “prepaid” at the Buyer’s expense.
(ii) C&F PRICES include freight to port of destination and are subject to any variations in freight rates between date of quotation and date of shipment.
(iii) CIF PRICES include freight and insurance to port or place of destination and are subject to any variation in freight and insurance rates between date of quotation and date of shipment.
6. INSTALLATION
Where requested, seller will provide a trained Engineer to supervise installation of Seller’s equipment in Buyer’s premises. Installation normally comprises assembly, coupling up, connection of services (including electrical but not beyond machine isolator), testing and trial runs and instruction of Buyer’s staff. Buyer is requested to arrange assistance by other trades as required, and to sign Acceptance Certificate on completion. Unless stated to the contrary, the Seller’s engineer’s time will be charged at the rate indicated plus actual cost of fares, hotel lodgings and subsistence expenses incurred.
7. GUARANTEE
All equipment is supplied on the condition that “IT WILL SATISFACTORILY FULFIL THE PURPOSE FOR WHICH IT IS OFFERED” as stated in our quotation on components equal to or better in quality than samples or drawings submitted. All parts of Seller’s own manufacture are guaranteed against failure (other than caused by abuse, accident, fair wear and tear or other causation outside our control) for a period of 12 MONTHS from date of despatch, and will be repaired or replaced (at Seller’s option) free of charge (but excluding transportation and fitting). Manufacturers’ guarantees (if any) shall apply to parts not manufactured by the Seller.
8. CLAIMS
All equipment should be immediately unpacked on arrival and checked for damage or shortage which must be notified within 3 days in writing to (a) Carrier or Carrier’s Agent, and (b) Seller, and (c) Insurance Company (where appropriate). Unless this condition is carefully observed, goods shall be deemed to be in accordance with the Contract.
9. PAYMENT
Shall be made strictly in accordance with the terms specified in the quotation, time being of the essence. Seller reserves the right to suspend delivery until payment is made.
10. OWNERSHIP
Ownership of the equipment shall not pass to the Buyer until payment is full has been made to the Seller. Meantime possession of the equipment shall not constitute an Agency.
11. CONSEQUENTIAL DAMAGES
Under no circumstances can Seller accept responsibility for consequential damages howsoever caused.
12. VALUE ADDED TAX
No provision has been made in the quotations for UK value added tax, and should any goods supplied become liable to tax for any reason whatsoever, such tax will be passed to the Buyer at the officially prescribed rate.