Nationwide Ventilation LTD
NO SERVANT OR AGENT OF THE COMPANY OTHER THAN A DIRECTOR OF THE COMPANY HAS AUTHORITY TO BIND THE COMPANY TO ANY DEPARTURE FROM THE COMPANY’S STANDARD TRADING CONDITIONS (OTHERWISE THAN IN WRITTING ON A FORM OF QUOTATION OR ACKNOWLEDGEMENT OF ORDER CONTAINING THE COMPANY’S STANDARD TRADING CONDITIONS).
STANDARD TRADING CONDITIONS
Orders can only be accepted upon and subsequent to The Conditions of Sale as set below. Where the customer’s written conditions and warranties conflict with these conditions shall prevail unless otherwise agreed in writing.
2 QUOTATIONS AND ORDERS
(i) Quotations and tenders are valid for acceptance for 30 days from the date on which they are made unless otherwise stated in the quotation or tender and are subject to the following Terms and Conditions.
(ii) Orders must be given in writing and contain sufficient information to enable us to proceed forthwith .
3 DRAWING. ETC
(i) All illustrations, preliminary drawings, specifications and particulars of weight and measurements prepared by us are approximate only and the descriptions contained in our
catalogues, price lists and others advertisement matter are intended merely to present a general idea of the goods are not binding in detail.
(ii) All such illustrations, drawings, specifications and particulars remain our property and may not copied or produced without our permission.
(i) The price is based on the rate of labour, working hours and conditions, cost of material, transport, insurance and overhead charges ruling at the date of our quotation or if no quotation was given, at
(ii) the date of our acceptance of the customer’s order. Should any alteration in such factors beyond our control take place after such date and before delivery of the goods or completion of the works the price shall be adjusted accordingly,
(ii) Unless expressly agreed by us the price does not include tax or other statutory impositions, and the customer shall bear the amount of tax chargeable by law whatever amount (if any) may have been stated by us to be chargeable.
(i) Our terms are strictly nett 30 days and unless otherwise expressly agreed by us payment is to be made without discount within that period.
(ii) Any part of the price not paid on the due date shall bear interest at the rate 11.2% per month without prejudice to our right to enforce payment on time.
(iii) We have the right to suspend deliveries and/or work if the customer fails to pay any sum to us when due whether such sum is payable in respect of the same or any other deliveries or work what so ever.
(iv) We shall have a general lien on any property of the customer in our possession in respect of any sums due to us from the customer whether by way of debt or damage, and whether or not in respect of the particular agreement to which these conditions relate.
6 PROPERTY AND RISK
(i) All goods and material supplied by us remain our property until payment of the price in full and the completion of the work (if any) notwithstanding that the goods or part there of may have been affixed to the property of the customer or any other person.
(ii) All goods and material supplied by us are the customer’s risk from the time at which they left our factory.
(i) Delay in delivery does not give the customer the right to cancel the order, nor can we hold ourselves responsible for any loss, damage or expense resulting from such delay how so ever caused.
(ii) The time stipulated for delivery shall mean the time for delivery ex-factory notwithstanding that the place for delivery may be elsewhere and unless otherwise agreed shall be reckoned from the
date we receive the customer’s order and full information sufficient for us to commence manufacture
(iii) If the customer makes default in taking delivery or giving instructions as to delivery the goods shall remain in all things at the sole expense and risk of the customer who shall arrange for suitable
storage. If the customer fails arrange such storage we may in our absolute discretion store the goods on the customer’s behalf at his sole risk and expense at our premises or at such other place and
on such teams as we consider fit, and the customer shall pay us on demand a storage charge to cover our losses and expenses suffered and incurred in strong, insuring, transporting and handling the
goods. In no event shall these conditions operate to relieve the customer of making payment as through such default or delay had not occurred.
(iv) If a customer makes default in taking delivery or giving instructions as to delivery of the goods or informs us that he has no longer wishes to take delivery of the goods or wishes to cancel the order
placed by him, then the customer shall pay to us such charge as shall be necessary to cover losses and expenses suffered and incurred through the failure of the customer to accept delivery of the
goods or caused or occasioned or incidental to the cancellation of the said order by the customer including all sums which we may have paid or shall have to pay to any third party.
(v) All items that are manufactured to an agreed date/programme and subsequently delayed by the client or client representative shall be invoiced as though they have been delivered.
Not without standing that the place of delivery is expressed to be other then ex-factor in arranging for the carriage of the goods from our factory to such other place of delivery we act solely as agent for the customer and the goods shall be at the sole risk and expense of the customer from the time at which the goods are delivered us to the carrier. We accept no responsibility what so ever in respect of loss or damage or delay to the goods while in transit.
We reserve the right to charge extra for packing material and if the packing material is of a returnable nature then full credits will be given if returned in good condition, carriage paid to our works within 30 days of the date o f delivery ex-factory.
10 CLAIMS FOR NON DELIVERY/ DAMAGE
(i) Non receipt of goods within fourteen days from date of despatch must be notified to us and the carrier at the receiving end otherwise no claim will be recognised.
(ii) Customers must notify the carriers and ourselves of any damage within three days of arrival of goods otherwise no claim can be upheld. Endorsing a delivery note ‘not examined’ will be held to
absolve the customer from this liability.
(i) In the case of goods not manufactured by us our liability shall be limited to such guarantee as we may receive from the manufacturers.
(ii) Figures for the performance of the goods are based on our experience and are such as we expect to obtain on testing the goods subject to a reasonable margin of error. They are also agreed on the
condition that any figures and information given to us by or on behalf of the customer are accurate and trustworthy.
(iii) If the goods fail to achieve the figures for performance agreed by us we must be given reasonable time and opportunity to remedy the default. If we then fail to remedy the default the customer may
return such part of the goods as fail to achieve the figures for performance and upon the customer doing so we shall reply so much of the price as is fairly attributable to the part concerned.
(iv) In no circumstance shall we be liable beyond the terms of the above guarantee for loss, damage, delay or expense of any kind and howsoever caused and we shall not in any event be liable for loss,
damage, delay or expense of any kind:-
(a) If any work on or alteration to the goods is carried out by the customer without written approval : 0r
(b) If such loss, damage, delay or expense is a consequence off wear and tear, carelessness in using or handling the goods, defective foundations or buildings or fault erection (unless
supervised by our staff).
12. Warranties and Liability
12.1 Subject to the conditions set out below the Company warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material workmanship for a period of 12 months from the date of installation or 12 months from the date of delivery whichever is the shorter period.
12.2 Manufacturers extended warranty – In some cases the manufacturer will offer an extended parts warranty in excess of 12 months. These extended warranties will be covered specifically in the quotation. With air conditioning installations it is always the case that labour, condense pumps, ancillaries and ventilation systems are only guaranteed for twelve months.
12.3 The above warranty is given by the Company subject to the following conditions:
( i) The Goods are installed by an authorised dealer or installer of the Company.
( ii) The goods are maintained in accordance with the manufacturer’s instructions by an authorised dealer or installer of the Company.
( iii) Warranty forms and faulty parts must be returned within 21 days of advice date and, if not, an invoice will be issued for payment without further notice.
( iv) The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Purchaser, or for defects caused by faulty installation.
( v) The Company shall be under no liability under the above warranty if the total price for the Goods has not been received by the due date for payment
12.4 Where any valid claim in respect of any Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions the Company shall be entitled to replace the Goods (or the part in question) free of charge or at the Company’s sole discretion refund to the Purchaser the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the purchaser.
12.5 Light bulbs or fluorescent light tubes supplied within light fittings are excluded from any warranty or liability.
13 The Proper law of this Contract shall be The Law of England
30 Second Avenue, Chatham, Kent ME4 5BG
Tel: 01634 811116 Fax: 01634 811131