Terms and Conditions
In these Terms and Conditions the following expressions are to be understood as defined below:
- ‘Confidential information’ means any information that relates to the Company or its operations which is not already in the public domain‘the Company’ means Alan Campbell Engineering Services Ltd, company registration No: 5971190.
- ‘the Customer’ shall mean the person, firm, company or organization with whom the contract to provide the Project is made.
- ‘the Contract’ shall mean any contract between the Company and the Customer.
- ‘the Quotation’ shall mean the document defining the price, extent of supply and timescale for provision of the goods and/or services of the Company.
- ‘the Project’ shall mean the goods and services defined by the Quotation for delivery by the Company.
- These conditions shall form the basis of the Contract. No variations to these terms will be valid unless provided in writing in the Quotation and signed by a Director of the Company.
- In the event of contention between these conditions and any variations contained in the Quotation then the conditions in the Quotation shall prevail.
- ACCEPTANCE OF ORDERS
- No order shall be deemed to have been accepted unless accepted in writing by a Director of the Company.
- The Company reserves the right to either cancel any Contract or requote price and delivery where Customer supplied equipment evidences either gross physical damage or modifications from the original manufacturer’s specification or damage caused by previous attempted repairs. Should the company be sent a large batch of units for repair, i.e. greater than 10, that show gross physical damage or modifications from the original manufacturer’s specification or damage caused by previous attempted repairs, the Company will charge 50% of the value of each individual repair to compensate for the time spent on these units even if they are found to be beyond repair.
- Equipment found to be beyond physical repair will be made available for return on an EXW basis, or at the Customer’s request, disposed of. In these circumstances the contract will be considered cancelled, and unless the unit(s) evidences either gross physical damage or modifications from the original manufacturer’s specification or damage caused by previous attempted repairs, any monies already paid will be returned to the Customer.
- Prices are shown in the Quotation. The prices are exclusive of VAT which will be levied, where applicable, at time of invoice.
- Prices quoted in the Quotation are fixed, valid and open acceptance for a period of 30 days from date of Quotation unless previously withdrawn. Quotations may be withdrawn at any time up to receipt of the Customer’s order.
- The Customer shall indemnify the company against any local taxes or levies, and shall remit to the Company the full amount of any invoice from the Company.
- Payment terms are 100% with order for the Customer’s first three orders. Thereafter, providing satisfactory trading and solely at the Company’s discretion and credit limits, this may become 100% on 30 days from delivery of the Project.
- Payment is to be made by direct bank transfer or cheque if within the UK, or by SWIFT or other telegraphic transfer if from outside the UK. The Company’s bank details, payment method and currency will be provided on the invoice.
- Payments delayed until 60 days from date of invoice will attract an additional charge of 1% of the invoice value, and 1% per 30 day period after this. The imposition of late payment charges shall not debar the Company from pursuing immediate payment of the outstanding invoice.
- Where payment delay of currencies other than Sterling results in losses to the Company through exchange rate movements or currency conversion charges then these losses and charges will be added to the Customers account.
- Unless otherwise agreed in the Contract all deliveries to the Customer shall be to EXW (Incoterms 2010).
- Equipment not collected by the Customer within three months of being made available for collection may be disposed of by the Company.
- Unless otherwise agreed in the Contract all equipment sent to the company shall be delivered on the basis of DAP Company premises, Crewe (Incoterms 2010).
- Any delivery time referred to in any Quotation or acceptance by the Company shall be deemed to commence from the date of receipt by the Company of an official order signed by the Customer and accepted in writing by the Company and with the production of all necessary information and equipment to fulfill the order.
- The Company undertakes to use its best endeavours to complete delivery of the Project by the estimated delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the Contract. Delays shall not entitle the Customer to cancel the order nor to claim for loss of trade, or profits, or damages against the Company.
- If delivery is delayed by strikes, lockouts, fire, accidents, defective materials, delays in receipt of components purchased from outside suppliers or any other cause beyond the reasonable control of the Company, a reasonable extension of time for delivery shall be granted by the Customer.
- VARIATION OR CANCELLATION
- Variations made to the Project, either to the extent of supply, or to the timescale or starting date or schedule of deliveries, may affect the quoted price and delivery estimate. In case of minor variations a confirmation will be issued of the effect of the changes. For major changes the Company will re-issue the Quotation.
- In the event of any order being cancelled after work has commenced, the Customer shall be liable to pay the Company for all expenses and costs incurred in addition to loss of profit incurred as a result.
Any waiver by the Company of any breach in the terms and conditions of the Contract shall not be taken to mean that subsequent breaches will be waived, or that the waiver can be extended to other contract terms.
- The Customer shall carry out a thorough inspection of the delivered Project within 21 days of delivery and shall give immediate written notification to the Company of any omissions, defects or faults. If any defects are apparent that appear to be damage incurred during shipment then the carrier should be notified by the Customer as soon as possible.
- If repaired equipment fails in normal use within six months of delivery to the Customer due to the failure of any repair then the Customer may return the equipment for re-repair at no additional charge.
- The Company warrants that the Project delivered shall accord with the Quotation but does not warrant fitness for any other purpose.
- The liability of the Company under this warranty shall be limited to the invoice value of the Project and the Company shall not be liable for any consequential loss or damage however caused.
With the exception of Customer equipment returned for repair, ownership of all deliverables shall remain with the Company until payment in full has been made to the Company. The Customer shall keep all deliverables in good condition and separate from other stock until the Customer takes title.
- SECRECY & CONFIDENTIALITY
Neither Customer nor Company shall at any time, divulge or allow to be divulged to any person, any confidential information relating to the products or business affairs of the other party, other than to authorised employees of either party who have a need to know.
- FORCE MAJEURE
In case of delays or non performance caused by circumstances beyond its control the Company retains the right to either suspend deliveries or to cancel the Contract without liability. If by reason of Force Majeure there is an incomplete delivery of the Project then the Customer undertakes to accept the deliverables and work that have been completed as a part performance of the Contract.
- DEFAULT OR INSOLVENCY OF CUSTOMER
If the Customer fails to accept the Project or fails to pay any sum due to the Company at the proper time, or if the Customer goes into administration or bankruptcy the Company reserves the right to cancel, wholly or in part, any Contract. Under these circumstances the Company also reserves the right to sell any unreturned Customer equipment to defray any unpaid invoices.
Any dispute between Customer and company shall be resolved amicably within 21 days by reasonable negotiation. If there is a failure to agree after this period then disputes shall be finally settled in the UK under the Rules of Conciliation and arbitration of the International Chamber of Commerce and Industry by one or more arbitrators appointed in accordance with the said Rules or by mediation using a mediator appointed by CEDR (The Centre for Effective Dispute Resolution), London.
- APPLICABLE LAW
The Contract shall be governed by English law unless agreed and stated otherwise in the Quotation.In the event that any provision of the Contract is declared by any judicial or competent body to be void and unenforceable, the parties shall amend the provision in such reasonable manner as achieves the intention of the parties without illegality and the remaining provisions of the Contract shall remain in force and effect unless either party in its discretion decides that the effect is to defeat the original intention of the party, in which event either party shall be entitled to terminate the Contract without penalty.