Terms and conditions for the sale of Cleaning Equipment and related products
See also our Website Terms and Conditions
1.1 In these Terms: ‘you’ means the individual, firm, body corporate or other body who buys the Goods or whose order for the Goods is accepted by us. ‘we and us’ means the individual, firm, body corporate or other body who supplies the Goods to you under these Terms ‘Goods’ means the goods which we are to supply in accordance with these Terms. ‘Terms’ means the terms of sale set out in this document and includes any special terms agreed in Writing between you and us. ‘Contract’ means the contract for the sale of the Goods by us to you. ‘Writing’ includes facsimile transmission and comparable means of communication.
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
2. Basis of the Sale
2.1 We shall sell and you shall purchase the Goods in accordance with any written quotation which is accepted by you, or any written order from you which is accepted by us, subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms.
2.2 No variation to these Terms shall be binding unless agreed in Writing.
2.3 Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed in Writing and any advice or recommendation given by us to you as to the storage, application or use of the Goods which is not confirmed in Writing is followed or acted upon entirely at your own risk.
3. Price of the goods
3.1 The price of the Goods shall be a quoted price or, where no price has been quoted, the price listed in our published price list current at the date of acceptance of the order. All prices quoted are valid for 30 days only or until earlier acceptance by you, after which time they may be altered by us without giving notice to you.
3.2 Except as otherwise stated under the terms of any quotation or in any price list, and unless otherwise agreed in Writing between you and us, all prices are given by us on an ex works basis, and where we agree to deliver the Goods otherwise than at our premises, you shall be liable to pay our charges for transport, packaging and insurance.
3.3 The price is exclusive of any applicable value added tax, which you shall be additionally liable to pay to us.
4.Terms of payment
4.1 Subject to any special terms agreed in Writing between us, we shall be entitled to invoice you for the price of the Goods on or at anytime after delivery of the Goods, unless the Goods are to be collected by you or you wrongfully fail to take delivery of the Goods, in which event we shall be entitled to invoice you for the price at any time after we have notified you that the Goods are ready for collection or (as the case may be) we have tendered delivery of the Goods.
4.2 Subject to a separate agreement to grant you credit terms, you shall pay the price of the Goods within the credit period agreed. The time of payment of the price shall be of the essence of the Contract.
4.3 If you fail to make any payment on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to:
4.3.1 cancel the Contract or any other contract between us or suspend any further work for or deliveries to you under this or any other contract;
4.3.2 appropriate any payment made by you to such of the Goods (or the goods supplied under any other contract between you and we) as we may think fit (notwithstanding any purported appropriation by you); and
4.3.3 In circumstances where the Commercial Debts (Interest) Act 1998 does not apply charge you interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per annum above Barclays Bank plc’s base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
4.3.4 be reimbursed fully on an indemnity basis for all fees and disbursements incurred by our solicitors in connection with your failure to make payment under the Contract.
5.1 Delivery of the Goods shall be made by you collecting the Goods at our premises at any time after we have notified you that the Goods are ready for collection or, if some other place for delivery is agreed by us, by delivering the Goods to that place.
5.2 Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by us in writing.
5.3 Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Terms or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
5.4 If we fail to deliver the Goods for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6 Risk and property
6.1 Risk of damage to or loss of the Goods shall pass to you:
6.1.1 in the case of Goods to be delivered at our premises, at the time when we notify you that the Goods are available for collection; or
6.1.2 in the case of the Goods to be delivered otherwise than at our premises, at the time of delivery or, if you wrongfully fail to take delivery of the Goods, the time when we have tendered delivery of the Goods.
6.2 Not withstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by us to you for which payments then due.
6.3 Until such time as the property in the Goods passes to you, you shall hold the Goods as our fiduciary agent and bailee, and shall keep the Goods separate from your goods and the goods of third parties and properly stored, protected and insured and identified as our property, but you shall be entitled to resell or use the Goods in the ordinary course of your business.
6.4 Until such time as the property in the Goods passes to you (and provided the Goods are still in existence and have not been resold), we shall be entitled at at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith, to enter upon any of your premises or any premises of a third party where the Goods are stored and repossess the Goods.
7.1 All machines are sold with a 12 month manufacturers warranty which warranties the machine against mechanical defect for 12 months from date of purchase. This excludes consumable items and parts that are subject to fair wear and tear. The decision to repair or replace shall be with the seller.
7.2 Any machine that is found to be faulty must be returned by the customer to the seller for repair and you will contacted as to whether the machine is covered under warranty or chargeable. Transport Charges for return shall be the responsibility of the purchaser.
7.3 A full on-site warranty can be purchased for any of our industrial range of equipment at the time of purchase.
8.1 Demonstrations are available on most machines however the online prices are for customers who are buying without a demonstration and already know their requirements.
8.2 If buying on-line as a result of a demonstration or a customer having a demonstration resulting from a visit to our website then our usual selling price shall be relevant. Costs of demonstrations vary on the different types of equipment.
9.1 Standards Carriage are for delivery to UK Mainland Only. For export pricing please contact our sales team.
10 Business to business transactions
10.1 The conditions and warranties set out in Sections 13, 14 and 15 Sale of Goods Act 1979 and Sections 12, 13, 14, 15 and 16 Supply of Goods and Services Act 1982 are hereby expressly excluded from contracts made under these terms and conditions.
10.2 In the event of any defect in or failure of any product supplied under these terms and conditions the maximum liability of the Company will be the initial purchase price of the product.
10.3 Returns will only be accepted if goods are found to be faulty within 14 days of delivery. Decision to repair, refund or replace shall be with the seller.