Principle Fork Lifts Limited - Standard Conditions of Sale
- Unless otherwise agreed in writing by a director of Principle Fork Lifts Limited ("the Seller") all goods or equipment or spare parts therefore ("the equipment") supplied by the Seller, are supplied on the following conditions to the exclusion of any terms and conditions stipulated by the Buyer. Price and Payment
- The Seller reserves the right to amend the contract price at any time up to delivery to take account of any variations in the prices charged by the Seller's suppliers or changes in the value of any currency, new or increased taxes, duties or other imports or variations in costs arising from new legislation or regulations.
Payment is due on, or prior to delivery, unless otherwise agreed in writing with the Seller who reserves the right to charge interest on any monies not paid at 4% per annum above the base rate of National Westminster Bank plc from time to time in force and interest shall be compounded at monthly intervals from the due date of payment for the equipment until payment. Time of payment shall be of the essence.
- Failure by the Buyer to effect punctual payment in the manner agreed shall entitle the Seller to refuse to make any further delivery under and/or to cancel the contract concerned and all or any other contracts with the Buyer without prejudice to the Seller's right to claim for equipment supplied and work done at the date of the cancellation and for loss or injury occasioned thereby.
- Where at the time of the contract the Seller is not in possession of the equipment agreed to be sold or does not at that time own that equipment the Seller shall not be liable for any loss where delivery of the equipment is delayed, postponed or the contract is cancelled for any reason whatsoever. Passing of Property
- The property in the equipment shall pass to the Buyer when, and shall not pass to the Buyer until, the Seller shall have been paid therefore in full.
- In the event of the Buyer becoming insolvent, having a Receiver appointed of the whole or any part of its property, compounding with its creditors or going into liquidation or in the event of payment for any goods being overdue, then and in any such event it shall be lawful for the Seller, its servants, or representatives to enter upon the premises of the Buyer and recover possession of any equipment of the Seller for which the Seller shall not have been paid for and take away any such equipment.
- In the event of any equipment being sold or otherwise disposed of by the Buyer before the Seller shall have been paid for it in full, then the proceeds of the sale thereof shall, to the extent required to pay the Seller in full for such equipment, be trust monies held by the Buyer on behalf of the Seller.
- In the event of certain equipment having been paid for by the Buyer and other equipment not having been paid for, the onus of proof shall be on the Buyer to show that any equipment remaining in its possession is equipment for which it has paid.
- The risk in the equipment shall pass to the Buyer on delivery.
- The Seller shall not be liable for any failure to observe, or breach of any of the terms hereof by reason of Acts of God, war, riots, civil commotions, strikes, lock-outs, trade disputes, fires, breakdowns, interruptions of transport, Government action, prohibition of import or export, delay in delivery by the Seller's suppliers or any other cause whatsoever beyond its control impending or interfering with the manufacture, use, delivery or carriage of the equipment.
- Any equipment which is of defective manufacture or which fails to attain any expressly guaranteed performance figures (subject to any specified tolerances) will be replaced or rectified by the Seller at the option of the Seller and free of charge provided that:-
- The Seller is notified of such defect of failure in writing within 6 months after delivery in the case of new equipment.
- In respect of equipment not of the Seller's manufacture, the Seller's responsibility shall be limited to any benefits it may receive under the guarantee given by the supplier of such equipment.
- In respect of equipment described as "second hand" or "reconditioned" the Seller has in writing otherwise than by these Conditions agreed to grant a guarantee in terms of this clause.
- Any equipment in respect of which no notification is given to the Seller under proviso a) above, shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for the same accordingly.
- The Seller's liability in terms of Clause 7 hereof is in lieu and to the exclusion of all warranties, conditions, or obligations imposed or implied by statute or otherwise in relation to the quality or description of the equipment or its fitness for any particular purpose, and all liability for any direct or consequential loss (however arising) is hereby expressly excluded, and the Buyer agrees that, in view of the warranty contained in Clause 7 hereof, such exclusion is fair and reasonable.
- The Buyer acknowledges that no reliance has been placed upon any representation made but not embodied in these conditions of sale, save only such representation (if any) as is notified in writing to the Seller and accepted by the Seller in writing on or before any order is placed or quotation given. 10. In respect of "second hand" or "reconditioned" equipment the Buyer acknowledges that no exact date of manufacture of such equipment can be specified by the Seller or the Buyer.
Health and Safety at Work
- The Buyer hereby undertakes to ensure that equipment will be safe and without risks to health when properly used and in particular to examine the equipment to establish whether it safe to use in the condition in which it is delivered and (without prejudice to the generality of the foregoing) the Buyer undertakes not to use the equipment without first satisfying its public liability and/or employer's liability insurers or some other competent person in such matters that the chains, brakes, steering systems, tyres, forks and hydraulics are safe and without risk to health when properly used and that the equipment satisfies all statutory requirements for the time being in force.
- Where the equipment sold is described as "second hand" or "reconditioned" the Seller gives no warranty of the undertaking that the equipment complies with statutory requirements for the time being in force and the Buyer undertakes to ensure that it so complies and hereby undertakes to indemnify and save harmless the Seller against all or any claims of any nature whatsoever in respect of loss or injury arising from the sale of such equipment howsoever caused.
- The Buyer acknowledges that it has placed no reliance on any description, statement or representation made by the Seller, its servants or agents.
Claims for Damage or Loss in Transit
- No claims for damage in transit, storage of delivery or loss of goods will be entertained unless, in case of damage in transit or storage of delivery, a separate notice in writing is given to the carrier concerned and to the Seller within seven days of the receipt of goods, and in case of loss of goods, notice in writing is given to the carrier and to the Seller within seven days of the date of invoice. Cancellation
- The Buyer shall not be entitled to cancel any order either written or verbal, unless the Seller is able to cancel its corresponding contract with its supplier. In such case the Buyer shall indemnify the Seller for any loss suffered by the Seller and it is agreed that without prejudice to the foregoing this loss shall be equal to at least 15% of the price payable by the Buyer, and such sum being agreed by way of liquidated and ascertained damages. Indulgence
- No indulgence or forbearance extended to the Buyer shall limit or prejudice any right or claim available to the Seller. Proper Law
- This contract shall be deemed to be made in England and shall be construed in all respects in accordance with English Law. Severability
- If any term herein is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.