These are strictly in accordance with our terms as set out below
1. General. CrownPower Systems Limited will hereinafter be known as "The Company", and our customer, be it for the purchase of goods or services or the hire of plant as "The Buyer".
Upon placing an order the Buyer is acknowledging and is accepting these terms and conditions of sale. The Company will not be bound by conditions other than these unless expressly agreed in writing between the Company and the Buyer.
2. Acceptance. The placing of an order with the Company by the Buyer does not cause the Company to enter into a binding contract for the supply of goods or services. No binding contract is created until the Company issues an order acknowledgement.
3. Price. The Company reserves the right to alter prices in order to cover any increase in costs between the date of quotation and delivery. All prices quoted exclude VAT and are ex warehouse unless otherwise stated.
4. Cancellation. The Company will only allow cancellation of an order with its consent and on terms, which will indemnify the Company against all loss arising from such cancellation. Deposits received from the Buyer are not refundable upon the cancellation of an order by the Buyer. The Company will not accept the return of goods for credit unless prior authorisation has been obtained from the Company for the return of goods.
5. Terms. 1. Terms of payment are thirty (30) days from date of invoice unless otherwise stated. Any outstanding amount shall be subject to 3% interest over and above the prevailing London Inter Bank Offered Rate (LIBOR).
5.2 Should the Buyer become bankrupt or in the case of a company if a petition is presented or a resolution passed for the winding up of the Buyer the Company shall be at liberty to repudiate the contract without prejudice to its right to payment. The Company also reserves the right to enter the Buyer's premises and repossess any goods which are the property of the Company. Any further deliveries will also be cancelled upon notification to the Buyer in writing.
5.3 Hired plant must not be removed from the original site specified by the Buyer when the plant was first collected (or from the original delivery address to which the Company delivered the plant) without the knowledge and consent of the Company.
6. Invoice Error. The right is reserved by the Company to correct any clerical or typographical error on an invoice.
7.1 Goods damaged during transit must be reported in writing to the Company within three (3) working days. In the case of an independent carrier claims for damage in transit or non-delivery must be settled between the Buyer and the carrier. In the case of plant hire the Buyer signing the contract will have inspected the plant and shall deem it to be in good working order. The Buyer shall also be responsible for carriage of hired plant, loading, unloading, craneage etc. Unless specified otherwise specified any goods or equipment supplied by the Company shall be deemed to be under the Buyer's control.
7.2 Any non-delivery of goods advised or invoiced must be notified to the Company in writing within twenty-one (21) days of despatch.
7.3 Under or over delivery should be notified to the Company in writing within three (3) working days of delivery. In the case of an independent carrier a copy letter should also be sent to the carrier.
7.4 Claims for faulty or defective goods must be notified in writing to the Company within seven (7) working days of receipt of goods.
8. Retention of Title. Ownership of all goods supplied remains in the company until all sums due by the customer to the company have been paid in full.
9. Risk. The risk of loss or damage to the goods shall pass to the Buyer with delivery and the Company will not be liable to the Buyer for any loss or damage to the goods howsoever occurring after delivery to the customer.
10. Guarantees. The Company will repair or at it's option replace any goods supplied under the contract which are found by the Company to be defective in material or workmanship provided that the defect is notified to the Company in writing within one year from the date of invoice for the item(s) concerned. It is a condition of the guarantee that the Buyer maintains the goods in accordance with the Manufacturers specifications and requirements. This guarantee extends only to the original buyer, and does not include fuses, disposable batteries, or any parts which have been subject to misuse including unauthorised modification, neglect, accident or abnormal conditions of operation.
10.2 Where the Buyer is hiring plant the hirer shall keep himself acquainted with the state and condition of the plant, check oil and water supply as necessary for it's up-keep and ensure that it remains serviceable and clean.
10.3 Any breakdown or unsatisfactory working of hired plant must be immediately notified to the Company. Under no circumstances shall the Buyer repair or make any attempt to repair the plant unless authorised by the Company.
10.4 In the event of hired plant being inoperable due to failure or maintenance work the Company shall endeavour to carry out repairs and or maintenance promptly but shall not be deemed responsible to cover the cost of supplying power for the duration of the repairs.
11. Force Majeure. If performance of this contract shall be prevented or hindered in whole or in part for any reason whatsoever beyond the Company's control, including (without limitations) natural disasters, fire, war, hostilities, civil commotions, strikes and or industrial dispute(s), government action or shortage of materials the Company may postpone delivery or, at it's option cancel the contract without liability on the part of the Company.
12. The Company reserves the right to make changes in design at any time without incurring any obligation to install such changes in units previously installed.
13.1. Limitation of Liability.? Where the Company provides services at locations other than the Company's premises the Buyer shall indemnify and hold harmless the Company it's agents and employees against all loss, damage, liability (whether in respect of property damage personal injury, death or otherwise) or expense whatever (including legal costs) resulting from or relating to any claim or cause of action arising out of or in connection with any installation, commissioning, service work, labour, goods or facilities supplied by the Company under this contract. The Buyer shall maintain with an insurance company of recognised standing, insurance in respect of all liability assumed under this condition and will, on request, provide the Company with evidence as to the existence and sufficiency of such insurance.
13.2. The Company will accept no liability for the quality of any goods or services provided except as stated in these conditions. Expressly no liability is assumed for consequential loss, or fitness for purpose.
13.3 The Company shall not be liable for any losses, including consequential loss arising as a result of the failure of goods supplied, either during the period of the guarantee or outside the period of the guarantee, whether such failure is as a result of the negligence of the Company or not.
14. Health and Safety. It is the duty of the Buyer( Where the company supplies equipment only) to insure that all goods purchased hereunder are applied and installed in accordance with the Company's application and installation recommendations and the Buyer agrees to indemnify the Company in respect of all claims in connection with the breach of this duty.
15. Invalidation. Should any term of the contract be held to be invalid such invalidation will not affect the validity of the remaining terms.
16.1 Any indulgence, extension of time for payment, relaxation or delay in enforcing the terms of this agreement on the part of the Company shall not prejudice the Company's rights hereunder or constitute a waiver of any of the terms or conditions hereof.
16.2 Where there are two (2) or more buyers, each shall be severally as well as jointly viable to the Company for the due performance and observance of all the terms and conditions of this agreement, and any notice given to any one of the such joint buyers shall be good notice to all such buyers.
16.3 Any notice required or permitted to be given to the Buyer under this agreement shall be validly given and if delivered by hand to the address at which the plant is located or sent by pre-paid ordinary post to the Buyer at said address and in the event of the event of same being sent by ordinary post same shall be deemed to be received by the Buyer on the expiry of forty-eight (48) hours after the same was posted.
17. Proper Law. This contract will be governed by, construed and take effect in accordance with the law of England and English courts shall have sole jurisdiction to decide any differences between the Company and the Buyer.