For the purpose of these conditions the following terms shall have the following meanings:
“Seller” EnviroVent Ltd.
“Purchaser” The company firm or person who buys or agrees to buy the goods.
“The Goods” All items supplied
The contract price shall be that current at the date of despatch of the Goods. This price excludes Value Added Tax (or any amendments thereof or substitution thereof) which shall be charged at the appropriate rate as at the tax point date. The Contract Price is inclusive of delivery charges to UK mainland on all supply only orders over 10 units, other destinations and smaller orders will be charged at cost. The seller reserves the right to levy cancellation charges. All prices are nett unless otherwise agreed in writing.
Within the United Kingdom payment in full shall be made within 30 days from date of invoice unless stated in writing by the Seller. Outside the United Kingdom payment in full shall be made in sterling upon presentation of shipping documents in London against an irrevocable letter of credit with EnviroVent Ltd named as the sole beneficiary confirmed by a United Kingdom clearing bank. Any claim for errors, omissions or discrepancies on goods supplied by the seller must be made within 5 days of receipt. In the event of litigation being necessary to recover a debt, the customer shall be liable for the payment of interest on the contested amount of 2% per month plus our legal costs plus an administrative charge of £25.00.
Delivery dates (which shall mean the date on which the Goods are ready to leave the Seller’s works) are not guaranteed. The Seller will endeavour to meet the Purchaser’s delivery requirements, but shall not be liable for any loss or damage whether direct consequential or otherwise caused by any delay in delivery. Should it be necessary to retain the Goods in stock beyond the requested or acknowledged delivery date due to the customers’ inability to accept delivery the Seller reserves the right to charge for these goods which are ready for despatch as well as for the cost of storage.
The Purchaser shall provide clear and reasonable access to the delivery point and shall promptly unload the Goods when tendered at the delivery point. The Seller shall not be liable in the event of goods being damaged during the course of unloading whether undertaken by the purchaser or not.
In the event that the goods are delivered at a time and place agreed with the purchaser but no representative of the purchaser is present the goods will be returned to the seller and any costs involved will be charged at cost.
If the goods are to be delivered by instalments then the seller shall nevertheless be entitled to treat any failure on the part of the purchaser to pay for any one or more of such instalments in accordance with these conditions as a repudiation of the Contract by the purchaser and the seller shall be entitled to repudiate further performance thereof and to recover damages for breach of contract. A defect or defects in one or more of the instalments will not entitle the purchaser to repudiate the whole contract.
Property and title in the goods remain the seller until all monies due from the purchaser to the seller are paid. Risk in the goods shall pass from the seller to the purchaser upon delivery of the goods to the purchaser and the purchaser hereby acknowledges with the seller that he is a bailee of the goods until payment in full has been made and hereby indemnifies the seller against any loss damage costs or expense or reduction of value in connection therewith after the risk has passed to the purchaser whether or not the same shall have been caused by or arisen from matters wholly or partly within the purchasers control.
No claim for loss of or damage to the goods in transit will be accepted unless the purchaser notifies the seller of such loss or damage within 5 days of arrival of the goods. In the case of alleged damage to the goods, no claim will be accepted unless such alleged damage is noted on the delivery note by the person signing for a receipt of the goods.
The goods supplied shall be within the tolerances allowed by the appropriate British Standard Institute standard and in accordance with current sales literature provided by the seller in relation to the goods. The seller shall rely upon any information provided by the purchaser as to their requirements for the goods as accurate and trustworthy.
The seller hereby warrants the performance of the goods in accordance with the seller’s specified warranty from the date of despatch or installation. The warranty herein does not extend to damage caused by fair wear and tear; installation carried out other than strictly in accordance with instructions received from the seller; installation carried out contrary to good engineering practice; installation carried out contrary to the recommendation of CIBSE, HVCA, NICEIC and FETA; lack of maintenance or maltreatment to the goods; where the product has been purchased from unapproved suppliers such as Ebay or similar; where there is lack of proof of purchase; and shall be in substitution for all other warranties whether express or implied by common law or statute.
The seller will not be liable for any loss or consequential liability or damage sustained by the purchaser by reason of any act of God, war, riot, fire, strike, lock-out, Governmental control or regulation, abnormal weather conditions and accident break down or any other circumstance beyond the seller’s direct control.
If the performance of this contract requires any government Licence or other permit then this contract shall be conditional upon such licence or other permit being available.
All drawings supplied relating to the goods are the copyright of the seller and must not be reproduced without the sellers consent.
We undertake to repair (or entirely at our option to replace) free of charge any goods or services or works which are defective and not in accordance with the terms of his contract. Our liability is limited solely to such free repair or replacement and in no circumstances do we accept any further liability for any damages or losses (whether direct of consequential) of any kind whatsoever or whenever arising.
The purchasers hereby acknowledge that they have entered into this contract upon the conditions herein set out and not upon any other conditions produced by the purchaser.
Where the purchaser provides the seller with personal data, the data will be held securely in confidence and processed for the purpose of carrying out the manufacture or ventilation equipment and associated activities.
The purchaser accepts that the seller may consult with and disclose the data to credit reference agencies, banks, credit insurers and other responsible organisations outside the sellers business that the seller has nominated and that such organisations may process the data.
The purchaser understands that under the act the purchaser has a right to know what data the seller holds on the purchaser if the purchaser applies to the seller in writing and pays the applicable fee.
The foregoing terms and conditions shall be interpreted and administered in accordance with English law.