1- Acceptance of Orders.: All contracts of sale made by Conway Saw & Supply Co Ltd (“The Company”) shall be deemed to incorporate these terms & conditions which shall prevail over any other document or communication from the party with whom the company is dealing (“The Customer”) All orders are accepted fulfilled subject to these conditions under English law unless otherwise agreed in writing. In these conditions “we”, “us” & “our” refer to the Company. You can write to us at New Swan Lane, West Bromwich, West Midlands B70 0NS or send e-mail to firstname.lastname@example.org. These are also the address’ to write to if you have any complaints. “You” and “Your” refers to the customer who places an order with us. We reserve the right to not accept any order. Once your order is accepted by us, a contract will come into force, on the terms & conditions set out here.
2- Price: All prices are ex works and exclude VAT or any taxes. Customers will be invoiced for delivery at the current rate. Maintenance of prices is not guaranteed & they are subject to alteration without notice. Every effort is made to ensure that prices and descriptions are accurate at the time of going to press/on website. If an error is found or if manufacturer’s prices or products change, we will inform you as soon as possible and offer you the option of cancelling your order or reconfirming your order with the revised price or product. We are under no obligation to provide goods to you at an incorrect (lower) price if the error is obvious and could reasonably have been recognised to you as a pricing error.
3- Invoices: Goods are invoiced at the prices ruling at the time of dispatch. VAT where applicable will be applied to all goods or services supplied at the rate in force at the time of the invoice. a) Whilst every effort will be made to dispatch the goods on time, no liability can be accepted by the Company for failure to deliver goods in the specified time. All delivery times quoted are business estimates only and form no part of any contractual obligation. b) The Company will accept no liability for shortages, damage, or non delivery of goods, unless the Customer notifies the Company in writing within three days of receipt of goods or invoice. c) The Company’s liability for the safety of the goods ceases upon the Company placing the goods under the control & direction of the carrier.
4- Payment: All goods must be paid for in full prior to despatch or paid in full within 28 days from invoice date for authorised credit account holders. Any payments that are overdue will bear interest at the rate of 2% per annum above the base rate of HSBC Bank plc from the date that payment was due until the date of actual payment.
5- Title: Ownership of the goods shall remain with the Company until payment in full has been received. Until such payment has been made, the Company may at any time (and without prejudice to anyof its other rights) recover or resell the goods or any part of them and may enter the Customer’s premises for this purpose. If you sell the goods you agree to hold the sale proceeds upon trust for us until you have paid us for them in full.
6- Specifications: Technical data, dimensions & weights etc., quoted are a quick guide only and no guarantee is given or implied that the goods will conform in absolute detail to the descriptions & illustrations. The Company reserves the right to amend specifications & to withdraw goods from sale without prior notice.
7- Suitability: Other than expressly stated in the catalogue or manufacturer’s brochures, the Company makes no representations as to the fitness or suitability of any goods for any purpose whatsoever.
8- Liability: The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss however caused. The Company’s liability for any non-performance of any order shall be limited to the value of the goods to which the claim relates.
9- Claims: Non-delivery or damage must be notified to the Company in writing within three days. Inspection of goods on delivery prior to signing acceptance is essential. Carrier’s notes for delivery of goods must be endorsed accordingly. Note: Failure to observe the proper claims’ procedure will invalidate the Company’s contractual liability under these conditions of sale.
10- Returns: Undamaged, unopened and fully marketable goods may be returned by prior agreement of the Company, who reserve the right to make a cancellation or administrative charge. If you have already received the goods: a) you can only exercise this right to cancel your order if the goods are still in a re-saleable condition & you have retained the packaging. b) you must return the goods to us at your own cost to the address in clause 1 of these conditions (unless we are at fault, in which case we will arrange collection) c) you must take care to ensure the goods are not damaged in the meantime & d) if you do not return the goods as required, we may charge you the costs of recovering them ourselves.
11- Cancellation: All monies paid form part of a contract of sale & are non-refundable. Orders will be considered cancelled upon notice from the customer, or failure to take delivery of the goods within a period of 30 days from when the Company notifies the Customer that the goods are ready for despatch. If for any reason the Customer fails, or refuses to take delivery, the Customer will be in breach of contract. The Company may sell or otherwise dispose of the goods without prejudice to the Company’s right to legal redress for loss suffered in consequence of the customer’s failure to take delivery of the goods.
12- Storage: Goods paid for in full, or part paid, may be stored at the Company’s discretion by prior arrangement. Storage charges will accrue at a rate of 1% of the invoice value per month following the date after which the customer failed to arrange collection or refused to accept delivery. This amount will be payable before and subsequent collection / delivery.
13- Delivery: Delivery encompasses the mode of transport of the goods or machine(s) to the Customer’s address. If offloading has been expressly included in writing within the terms of the delivery, the machine(s) remain(s) the haulier’s responsibility until they have been offloaded from the vehicle to the ground. Whilst contracted drivers may assist with manoeuvring machinery into a Customer’s workshop, once the machine has been removed from the vehicle, responsibility passes to the Customer as regards logistics & for the purposes of liability. If our engineers are to commission or install machinery, unless expressly stated in writing on the Customer’s acknowledgement of order or invoice and notwithstanding any assistance / advice that Conway Saw Ltd’s engineers may provide, the customer is responsible for any moving into place & siting of the machinery. In any instance that Conway Saw Ltd are responsible for moving at or into a Customer’s site, the relevant risk assessment documentation will be provided.
14- Second Hand Machines / Used: May not comply with the Health & safety at Work Act 1974 or any other Act or Acts or Regulations there under governing the use of that plant machine or equipment in a working environment. The Customer must ensure prior to use that any such piece of plant, machine or equipment does notcontravene any such relevant Act or Regulation. In the case of exported machines, it is the responsibility of the Customer to ensure that local Acts & regulations are complied with.
15- Special Terms: Any machine sold in “existing condition” or “as seen” will be supplied without any guarantee as to function, condition or fitness for the purpose either expressed or implied. The Customer shall carry out a risk assessment to ensure that the machine is safe and without risk to health & safety & this undertaking shall have the effect of relieving the Company of any liability thereto.