Dalebrook Catalogue 2024 - Catalog - Page 138
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TERMS & CONDITIONS
1. Definitions
“The Company” shall mean Dalebrook Supplies Ltd. or Remmerco Ltd. “The Customer” shall mean the person, firm or
company to whom any quotation is addressed or with whom any verbal or written contract is made. “The Goods” shall where
the context permits include units, parts and accessories agreed to be sold.
2. General
(a) Any order including any based on, or resulting from any quotation is deemed to incorporate these terms and conditions;
and these terms and conditions supersede any terms or conditions proposed by the Customer and shall prevail over any
inconsistent terms or conditions contained in or referred to in any order, correspondence or elsewhere and all or any
arrangements to the contrary are hereby extinguished.
(b) The Company accepts no responsibility for the accuracy of drawings, patterns or specifications supplied by the Customer.
No orders placed by the Customer whether resulting from a quotation or otherwise shall constitute a legally enforceable
contract until accepted by the Company. The placing of an order based on a quotation supplied by the Company or in the
absence of prior quotation the acceptance of an order imports therein the terms and conditions set out here under.
(c) Any information or technical assistance given by the Company is given in good faith and is for general guidance only, and
does not constitute a warranty, guarantee or recommendation of the suitability of the goods for any specific purpose.
3. Quotations
(a) All tenders, quotations and estimates made by the Company are given without obligation and are subject to written
confirmation when the order is placed.
(b) Although every effort will be made to meet delivery dates these are not guaranteed, the Company cannot be held
responsible for loss or damage due to delay in delivery, nor shall the Customer be entitled to refuse to accept goods because
of late delivery.
(c) The time given for the execution of the order shall be reckoned from the date of receipt of the Customer’s written order
or from the date on which all information and drawings necessary to enable the Company to proceed is received, whichever
date may be the later.
4. Corrections
The Company reserves the right to correct any clerical or typographical errors made by its employees, servants or agents at
any time.
5. Prices
(a) Whilst every effort will be made to maintain prices as quoted, the Company will only accept orders at prices ruling on
the day of despatch, and such price shall be fixed at the Company’s discretion after taking into account any increase in the
cost of materials, transport and any other relevant factors; and the Customer hereby agrees to pay the price as invoiced. The
Customer also agrees to pay for any loss or extra cost incurred by the Company through any request or instruction or lack of
instructions or if there is any suspension of work due to the instructions or lack of instructions on the part of the Customer, its
employees or contractors. Unless otherwise indicated in the Company’s quotation no discount of any kind is allowable. Prices
being strictly nett.
(b) VAT will be charged at the rate applicable at the time of despatch.
(c) All prices and specifications are subject to alteration without notice.
(d) If an invoice is not agreed then it is incumbent upon the Customer to communicate this fact to the Company immediately
as under no circumstances will any dispute be acknowledged by the Company more than 7 days after the date of the invoice.
6. Orders & Schedules
All verbal orders or instructions should be confirmed in writing within 3 days. Orders accepted by the Company cannot be
cancelled without the consent of the Company in writing.
7. New Accounts
Two approved trade references and a bank reference are requested.
8. Carriage
Carriage is effected at the Company’s option and appropriate charges will be made for such carriage based on current Carriage
Standard Rates. Unloading is Customer’s liability.
www.dalebrook.com sales@dalebrook.com +44 (0) 1376 510 101
9. Payment
Unless otherwise agreed in writing, prices quoted and agreed by the Company and the Customer are nett prices. These are
payable in accordance with the credit terms agreed between “The Company” and “The Customer”, as stated in the credit
facilities agreement letter issued by “The Company” to “The Customer”. The Company reserves the right to charge interest
in the event of payment being overdue at 5% over Barclays Bank plc base rate.
10. Risk
Risk in respect of goods shall pass upon delivery. When goods are by the Company’s own transport delivery shall be deemed to
take place at the moment the goods are lifted from the delivery vehicle. When goods are delivered by other means of transport
delivery shall be deemed to take place when the goods are handed or surrendered to the carriers.
11. Claims
No claim for material damaged in transit or suffering from any defect apparent from reasonable examination will be considered
by the Company unless:(a) An appropriately qualified signature e.g. Material received damaged (signed), is clearly made by the customer on the proof
of delivery note. AND
(b) The Company is advised in writing, in addition to (a) above, within 3 days of receipt of material. No claim or loss in
transit can be considered unless advised by the customer in writing within 10 days of invoice or in case of shortage within
4 days from receipt of goods and the Customer has signed the proof of delivery note indicating the amount of shortages.
In no circumstances shall the Company be responsible for loss, damage or delay due to shortage of materials arising from
circumstances beyond the control of the Company or from industrial disputes, transport delays, accident, plant failure or any
other contingency (whether or not of the same nature as the foregoing), arising from circumstances beyond the reasonable
control of the Company. The Customer is to indemnify the Company against any claims whatsoever for damages and costs
and against all liability in respect of any infringement of patent rights or registered design resulting from compliance with the
Customers instructions expressed or implied.
12. Defective Products
The Company in no circumstances, will be liable to the Customer or user for any loss, damage or remedial expenses, whether
direct or consequential, arising from the goods supplied by the Company for any purpose.
13. Return of Goods
The return of any goods properly supplied will not be accepted unless the Company’s authority has been previously agreed
and a returns number given. Notice of such return must be in writing within 7 days of receipt of the goods. Returns must
be delivered carriage paid accompanied by a separate advice note detailing the consignment. Conditional upon goods being
received in perfect condition, suitable for immediate resale, goods will be credited at invoice or current value, less a handling
charge of 25%. If any reconditioning is found necessary this will be charged.
14. Specials
Goods made to the Customer’s orders and/or specifications cannot under any circumstances be accepted for return or
cancellation.
15. Specifications & Drawings
Unless otherwise agreed in writing all descriptive specifications, drawings and particulars of weights and dimensions, furnished
by the Company are to be deemed approximate only and the description and illustrations contained in such documents are
intended to represent a general idea of the product and not to form part of the contract.
16. Copyright
All drawings, descriptions and other information submitted by the Company shall remain the property of the Company
together with the copyright therein and must not be disclosed or reproduced without the Company’s written authority.
17. Limits of Contract
Any quotation includes only such goods, accessories and work as are specified therein.
18. Limitations of Liability
The Company shall have no liability for any loss, delay, damage or claim arising out of the following:
(a) the Company’s inability to obtain adequate labour or materials due to any cause outside the Company’s control;
(b) prevention or delay in carrying out the works by reason of any cause outside the control of the Company including but not
limited to any Act of God or force majeure.
(c) any act, omission, default or negligence by the Customer, its servants or agents.
(d) the Customer’s failure to obtain all necessary permits approvals or licences required by law or otherwise with respect to the
Work. Any costs incurred by the Company arising out of any of the matters described in sub clause (c) and (d) of this clause
shall be invoiced to the Customer and shall, fourteen days after the date of such invoice, be a debt due from the Customer to
the Company. Any claims arising from the negligence of the Company its servants or agents shall be limited to the Company’s
statutory liability.
(e) any infringement of patent rights or registered design resulting from compliance with the customer’s instructions express
or implied. Provided always that the Company shall not be held liable for any damage caused by negligence of its servants or
agents when engaged upon the Customer’s premises or otherwise, other than damage arising out of breach of contract.
19. Warranties
The Company warrants that it has exercised and will exercise all reasonable skill and care in:
(a) the design of the Work insofar as the Company has designed or will design the Work.
(b) the selection of goods and materials insofar as the Company has selected or will select the said goods and materials.
(c) the satisfaction of any performance specification or requirement provided always that such specification or requirement is
included or referred to in the description of the Work or is agreed to in writing by the Company. Insofar as the Company has
designed the Work such design shall at all times remain property of the Company and shall be used for no other purpose than
the Work unless specifically agreed to in writing by the Company. No liability shall rest with the Company arising out of the
unauthorised use of the design.
20. Insolvency
Should the customer commit any act of bankruptcy or make any composition or arrangement with its creditors or being a
company has a winding up order made or (except for the purposes of reconstruction) a resolution for voluntary winding up
passed or a receiver or manager or the business or undertaking is duly appointed or possession is taken by or on behalf of
the holders of any debentures secured by a floating charge of any property comprised in or subject to the floating charge
therein and in such case the Company, without prejudice to its accrued rights or remedies may by written notice determine
its employment.
21. Retention of Title
All goods supplied by the Company to the Customer under the terms of any agreement shall remain the sole property of the
Company both in law and in equity and the Customer acknowledges that it is in possession of all such goods solely as bailee for
the Company until such time as the Customer shall have paid the Company the agreed price together with the full price of
any other goods supplied by the Company pursuant to any other agreement between the Company and the Customer. Until
such time as the Customer becomes the owner of the goods in accordance with the provisions of this clause, the Customer
shall store such goods separately from its own goods or those of any other person or persons in such a manner as makes them
readily identifiable as the Company’s goods. The Customer’s right to possession of the goods shall cease upon the occurrence
of any of the events referred to in clause 20 hereof and the Company may thereupon enter upon any premises where the
goods are stored or where they are reasonably thought to be stored for the purpose of repossessing the goods.
22. Legal Construction
Unless otherwise agreed by the Company in writing, these conditions shall in all respects be construed and operate as an
English Contract, in conformity with the English Law.
