CWS: Terms and Conditions
1. DEFINITIONS:
‘Order’ means the Order placed by us for the supply of goods and/or services. ‘Seller’ means the person, firm or company to whom the Order is addressed.
2. GENERAL:
The acceptance of our Order shall constitute acceptance of the following terms and conditions. No conditions or terms stipulated by you are to annul or vary the following conditions except in so far as expressly consented to by us in writing. Any alterations of these conditions to become binding must be agreed by us in writing.
3. QUALITIES AND DESCRIPTION:
The Goods Shall:
(a) Conform as to quality and description, with the particulars stated in the Order.
(b) Be of sound materials and workmanship.
(c) Be equal in all respects to the specifications or samples (if any) provided by either party to the other.
(d) All materials, whether of Mild Steel, Cast Steel, Cast Iron, Brass, Copper, Gunmetal, etc., must be to British Standard Specification for such metals and test certificates must be supplied to us if desired. In all cases where lifting appliances are ordered such as Winches, Pulleys, Ropes etc., Test Certificates MUST be supplied.
4. DELIVERY:
(a) The seller at his own expense shall deliver the Goods properly packed and secured at the place specified in the Order or as subsequently agreed.
(b) Title to the Goods passes to us on delivery.
(c) The seller shall deliver the Goods at the time or times specified in the Order. If the Goods or any part thereof are not delivered within the times specified in the Order, we shall without prejudice to any other rights or remedy be entitled to determine the Contract in respect of the Goods undelivered and any other Goods already delivered which cannot be effectively and commercially used by reason of the non delivery of the Goods undelivered as aforesaid.
(d) Goods must not without our written consent be delivered earlier than two weeks before the due delivery date otherwise we may reject them.
(e) The Seller will with all possible speed, repair or replace, free of charge, all goods damaged or lost in transit, provided that CWS Lifting & Safety Ltd. shall give the Seller written notification of such damage or loss within a reasonable time.
5. WHEN ORDER INCLUDED SITE SERVICES:
(a) That the material be delivered fixed and left complete in a good sound condition to the satisfaction of the Architect
and/or the Engineer and/or us.
(b) That you insure against all claims which may be brought against us in respect of injuries or damage to any workman in
your employ, or to any person, property, or anything caused by or arising out of the work under this enquiry/order, and
indemnify us against all such claims as may be brought against us.
(c) That the work shall be carried out in such a manner as to comply in all respects with all relevant legislation and
regulations, and you will indemnify us in respect of any claim made against us resulting from any breach of such legislation.
(d) Normal working hours are Monday to Friday from 08:00 – 17:00. Saturdays are from 08:00 – 12:00 (Workshop)
which is normal rates and there after we charge premium rates, time and half. Sunday and Bank Holidays are charged at double time. (Site services priced accordingly).
6.RETURNS:
Goods returned for credit as 'not required' or 'ordered incorrectly' will be subject to a restocking charge.
7. PAYMENT:
Payment shall be due as follows:
(a) For goods/services supplied – Strictly 30 days from date of invoice for services rendered.
(b) When contract included erection – Strictly 30 days from date of invoice and acceptance of work by parties listed in Clause 5(a).
(c) Failure to inform us of any late payments will be subject to a weekly interest rate of 5% on all outstanding invoices and, a fee of £25.00 for failing to meet the due date.
Note: INTEREST MAY BE CHARGED ON UNPAID BILLS AT THE RATE PAYABLE ON HIGH COURT JUDGEMENT DEBTS FROM THE DATE OF YOUR BILL IN THE EVENT OF THE SAME NOT BEING PAID WITHIN 30 DAYS.
8. ADVICE NOTES:
One copy of the Sellers Advice Note showing the Order Number, the number of packages and the method and route of transport must be posted to the address from which the Order originates. One copy must accompany the Goods and one copy must be given to any carrier engaged by us.
9. DEFECTIVE GOODS:
(a) If within fifteen months after dispatch or within twelve months after installation in the end user’s premises we give
notice in writing of any defect in the Goods which shall have arisen under proper use, or of any other non-conformity with
the contract, then the Seller shall with all possible speed repair, or at our request, replace the Goods without cost to us.
(b) If a proportion of the Goods are defective or do not conform as aforesaid we may without prejudice to any other rights and remedies cancel the Order and reject any or all Goods already delivered and the Seller shall thereupon repay any sums already paid by us in respect of Goods so rejected or not delivered, and no compensation shall be payable to the Seller.
10. PATENT INDEMNITY:
The Seller shall indemnify against all legal liability costs and losses arising from any infringement or alleged infringement
(by us or any other person) of any registered design letters patent, trademark or trade name by the use, hire or sale of the Goods.
11. ASSIGNMENT:
The Seller shall not without our consent in writing assign or transfer the Contract or any part thereof to any other person.
12. BANKRUPTCIES OR LIQUIDATION:
If the Seller shall have a Receiver appointed of the whole or any part of its assets or if an order is made or a resolution is
passed winding up the Seller’s business, then unless such order or resolution is part of a Scheme or Reconstruction or Amalgamation we shall be at liberty:
(a) To cancel the Order summarily by notice in writing without compensation to the Seller.
(b) To give any such Receiver or Liquidator or other person the option of carrying out the Contract.
13. DOCUMENTATION:
All drawings, designs, technical information, advice and other matters communicated or supplied by us are confidential and
shall remain our property. They shall be used solely for the purpose of the enquiry/contract and shall not be shown or communicated to any third party without our written consent.
14. TOOLS:
All tools, moulds, parts, materials and other things supplied or paid for by us shall be our property and shall be used solely for the purpose of this contract.
15. THE CONTRACT:
Our enquiry, your quotation and our official Purchase Order shall constitute the binding contracts. No variations of
Purchase Order shall be recognised unless agreed in writing by us.
16. GENERAL LIABILITY:
You will indemnify us against all liability for injury or damage to persons or property resulting from or caused by the proper use of goods supplied by you.
17. LEGAL CONSTRUCTION:
The contract shall in all respects be constructed and operate as an English contract and in conformity with English law.