FTDS-03-08 Issue 1
1. APPLICATION – These terms and condition apply to every quotation and contract made by us to the exclusion of any customer’s stipulations unless specifically varied in writing by one of our Directors or by our Secretary.
2. QUOTATIONS – Any tender or quotation by us may be withdrawn at any time before acceptance but in any event shall lapse after 30 days. Such a tender or quotation does not constitute an offer and is subject to confirmation upon acceptance of order. Where our specification, tender or quotation is for supply of products complying with a standard or specification set by a customer, such specification, tender or quotation shall be deemed to have been prepared according to our interpretation, and in the event of the customer imposing a different interpretation, then our quotation or price shall be varied accordingly.
3. CONTRACT – Contracts are created only by our writing and on these terms with any additional details expressly set out and agreed in writing by us. Any amendment or variation must be in writing and signed on our behalf.
4. LIMITS OF CONTRACT –
(a) The contract includes only the goods, accessories and work specifically agreed by us.
(b) Provided that we remedy any alleged breach of our obligations within 30 days of our being advised thereof by the customer in writing the customer shall not be entitled either to determine the contract or to any damages in respect of breach of contract.
(c) If the customer cancels an order he shall pay us on demand all our costs and expenses incurred in connection with the order, including damages (if any) payable to our subcontractors, suppliers or others, our overheads or loss of anticipated profit.
5. DESCRIPTION – All specification drawings descriptive matter particulars of weights dimensions performance and the like supplied by us are approximate only, and we will have no liability for failure to comply therewith unless and to any extent that it is specifically agreed in a contract that we accept liability for divergence and then liability shall fall on us only within such limits as are specifically agreed to be liquidated damages.
6. TIME – Dates given or agreed by us are our best estimates only and time is not of the essence of any contract. We have no liability for any delay outwith our own control or caused by trade disputes. In respect of delay within our control we only have liability for particular items which are supplied late and in respect of any such items our liability is limited to ½% of the price or value of such items for each month’s delay in excess of 6 months up to a maximum of 5% of the price or value thereof.
7. DELIVERY & TRANSIT – Unless specifically in our tender, the price quoted is ex works, packed. In any cases where we undertake to deliver, we shall have no liability for loss or damage in transit except that, provided we are notified within such times as enables us to comply with the carriers conditions for claiming loss, or within 3 days of delivery where our own transport is used, we shall repair or at our option replace items lost or damaged free of charge as soon as can reasonably be done within our programme. In no case shall we meet the cost of off loading. All packing materials must be returned at customer’s expense to us in good condition within one month, or will be charged for.
8. STORAGE – Where items are to be uplifted or delivered and these are not uplifted or sufficient delivery instructions are not given within 14 days of our notification that items are ready for despatch, we shall be entitled to arrange storage and all charges therefore, for insurance or for demurrage shall be payable by the customer.
9. CUSTOMER’S INSTRUCTIONS – Our tender, contract and price are dependent on full and accurate information being supplied by the customer in time and state to allow us to proceed without interruption or delay to completion of our work, and in the event of delay or failure therein which renders our obligations herein impossible of performances or completion during our normal working hours the customer shall be liable to make good all charges costs damages and loss incurred by us in programmed interruption, delayed or overtime worked or involved in supplementing inadequate or inaccurate information or otherwise arising from such delay or failure. The customer will be similarly liable if our work is dependent on progress of other work or items and we are delayed from getting ahead with our work.
10. PRICE – All prices quoted and agreed by us are based on conditions ruling at the date of our first quotation thereof and our charges shall be increased to cover
(a) Any increase in costs of labour and materials occurring after such date.
(b) Any changes in or additional requirements of any classification society, department of trade or other approving authority made after such date.
(c) Any charges alterations or variations made by the customer after such date, with relevant overhead increase in addition.
11. TEST & INSPECTIONS – Our products are carefully inspected and where practicable submitted to our standard tests at our works before despatch. If any other tests are required, these will be charged for. In the event of any delay on the customer’s part in attending any such other test after 7 days notice from us, the test will proceed in the absence of the customer and shall be deemed to have been made in the presence of the customer. Further, the customer must inspect all items upon receipt and we have no liability for any defect which such inspection should reveal except to repair or replace as soon as can reasonably be made in the company programme any defective items or parts where intimation has been given in writing to us within 3 days of receipt of items.
12. PERFORMANCE GUARANTEE & LIABILITY – We do not warrant or otherwise undertake that the products manufactured or supplied by us will be fit for any purpose. In event of defects appearing despite proper use in any item within 12 months after supply thereof, subject to the terms of this clause, we shall repair or at our option replace the defective item or part thereof free of charge as soon as can be reasonably fitted in our programme, provided.
(a) That notice of such defect is given to us in writing as soon as reasonably practicable.
(b) Unless specifically otherwise arranged the customer returns the item or part free to our premises. Clauses 7 and 9 hereof shall apply to the supply of any repaired or replacement part or item. However, we shall have no liability for defects due other than to our own design manufacture and workmanship. In respect of goods not of our manufacture, we shall have no liability except to pass on to the customer the benefit of any guarantee which we may have received from the supplier of such goods. Beyond the foregoing, all liability for loss or damage, direct or consequential, is excluded saving only from our liability for personal injury or death proved due to our negligence.
13. PAYMENT – Unless otherwise agreed in writing, payment shall be due net cash against invoice. In the event of any payment remaining unpaid for 28 days after invoice we shall be entitled to charge interest at 4% over Clydesdale Bank Limited Base Rate until payment has been made in full, provided however that the risk of any loss, damage or deterioration from whatever cause shall be borne by the customers from the date of despatch from our premises.
14. VAT – Value Added Tax is not included in prices and any chargeable must be paid by the customer in addition when due.
15. LAW – The law of Scotland applies to our quotations and contracts.