Terms & Conditions of Sale:
Unless otherwise agreed in writing, these conditions shall be incorporated in every offer, quotation, acceptance and contract for the sale or supply of goods (including any ancillary services) by DYMATEC (hereafter designated ‘The Company’).
(a) Unless previously withdrawn this quotation is open for acceptance within one calendar month from the date hereof unless stated and without prejudice to Clause 1(b) hereof
(b) Whilst the Company makes every effort to maintain prices in this quotation, price variations may be made should any change occur in existing rates of wages, material prices etc.
(c) Goods will be invoiced at the prices and subject to the manufacturer’s terms and conditions of sale in force at the time of shipment.
(d) So far as imported goods are subject at our option to amendment to give effect to any alteration in export or import charges affecting the same or to any change in the relevant exchange rates.
(e) Unless otherwise agreed in writing the contract does not include the supply of:
(i) descriptive literature or instructions other than one copy of instructions for operation and routine maintenance of the equipment
(ii) the services of an engineer on site for the purpose of checking or commissioning the equipment.
(iii) installation, connection and other drawings except those included in (i) above If the Company is required to supply any of these items and agrees to do so an extra charge shall be made.
- SETTLEMENT TERMS
(a) Unless otherwise agreed payment in full shall be due for the goods on notification by the Company that they are ready for despatch.
(b) The company reserves the right to add interest and late compensation charges to any invoice which has passed the agreed date of payment.
All quotations are subject to the availability of the equipment concerned on receipt of a firm order and to confirmation by the Company upon receipt of the Customer’s order
- RISK AND TITLE TO GOODS
(a) The risk in all goods passes to the Buyer upon delivery (as hereinafter defined) but title in the goods remains vested in the Company and shall only pass from the Company to the Buyer upon full payment being made by the Buyer of all sums due (on whatever account or grounds)to the Company by the Buyer
(b) The Buyer agrees that prior to payment of the whole price of the goods and of all sums due as aforesaid the Company may at any time enter upon the Buyers premises and remove the goods therefrom and that prior to such payment the Buyer shall keep such goods separate and identifiable for this purpose,
(c) In the event of the goods becoming constituents of or being converted into other products while such sums are due as aforesaid the Company shall have the ownership of the goods and a lien in such other products.
(a) Whilst the Company will endeavor to deliver at the stated time, delivery dates shall be regarded as estimates only. The Company shall not be be liable for any claims arising from delay in delivery from whatever cause.
(b) Goods shall be deemed to be delivered when handed over to the carrier.
(c) If import restrictions render supply impossible, the Buyer shall not be entitled to any claim against the Company whatsoever in respect of such non-delivery
(d) If goods in any contract have to be delivered in installments, faulty goods in any one installment, or the delayed delivery of any one installment, shall not entitle the Buyer to repudiate the whole contract.
- DAMAGE IN TRANSIT
It is a condition that unless otherwise stated in this quotation the Company is not liable for any damage or loss prior to installation be it consequential or otherwise, that may occur after the goods have left the Company’s premises
- CARRIAGE CHARGES
(a) In the event of the Company agreeing to arrange transport of the goods to the customer, all charges incurred thereby shall be passed on to the customer at cost unless otherwise stated hereon, or agreed in writing by a, partner of the Company. The company reserves the right to charge for any abortive collections or deliveries.
(b) The Buyer shall be responsible for any insurance of the transit of the goods to the Buyer’s premises as the Buyer shall consider necessary
In event of cancellation of an order by the Buyer, for any reason whatsoever, the Company shall be entitled to make a cancellation charge which shall be paid by the Buyer within 28 days of notification of the charge by the Company to the Buyer and the charge shall comprise:
(i) a total of all transport costs, storage charges and other expenses incurred by the Company as a result of the cancellation of the order by the Buyer and
(ii) a sum calculated on the difference between the selling price and the cost of the goods to the Company.
Whilst every assistance is given to our clients to select the correct equipment for any given purpose, the Company’s guarantee only covers the performance of the equipment supplied when it is used under the conditions for which it is designed and the Company cannot be held responsible for the correct functioning of the plant or process on which the equipment is used.
In any claim by the Buyer against the Company in respect of the goods for their performance the Company shall be only liable for replacement or repair of equipment of its own manufacture and shall not be liable in respect of the following matters:
(a) for components in the goods or equipment not manufactured by the Company which will normally carry the guarantee granted by the original manufacturer
(b) for any defects caused by wilful damage, negligence, incorrect application, wear and tear.
(c) for damage sustained in transit.
(d) for loss or damage, injury or death howsoever caused to the Customer or any other person consequential upon defects in the goods of any description or from incorrect application of the equipment supplied Claims under guarantee in respect of all equipment supplied by the Company will be examined provided the equipment is returned appropriately packed and carriage paid either to the Company, or to the original manufacturer
- FORCE MAJEURE
The Company shall be excused from liability if performance of the contract is prevented or hindered by any cause whatsoever beyond the Company’s control and in particular, and without prejudice to the foregoing by act of God, War, Government Control, restriction or prohibitions or any other Government act or omission whether local or national, fire, flood, subsidence, sabotage, accident, strike or lock out and shall not be liable for any loss or damage resulting from any such circumstances.
- DESCRIPTION AND DESIGN
(a) The description given to the goods in any quotation of contract is given by way of identification only and the use of such description shall not constitute the contract as a sale by description and the Company reserves the right to alter the design or the materials used in the goods at any time without notice.
(b) All specifications drawings and particulars submitted are approximate only and descriptions, illustrations, price lists and other advertisement matter are intended merely to present a general idea of the goods described therein and none of these shall form part of the contract
(c) The company accepts no liability for failure to attain any performance figure quoted unless specifically guaranteed in writing within a specified margin of tolerance
(d) The Customer assumes responsibility that goods stipulated by the customer are sufficient and suitable for the purpose concerned save in so far as the stipulations are in accordance with the Company’s advice
Design and principles of operation of the goods shall remain the exclusive copyrights of the Company or its suppliers and neither the design nor the principles of operation shall be reproduced in whole or in part by the customer or any third party without the previous written consent of the Company
- STATUTORY OBLIGATIONS
The Buyer shall be responsible for complying with any statutory obligations normally imposed on a supplier of goods of this nature by the county in which the Buyer is situated and shall indemnify the Company against all costs and claims in respect thereof
- OTHER CONDITIONS
The foregoing conditions shall take priority to any purchase conditions imposed or attempted to be imposed by the Customer and receipt of the Customer’s order shall be deemed acceptance of these conditions