Terms and Conditions
1. Terminology
In this document the following expressions shall bear the following meanings:- [a] "The Company" shall mean DeccaTanks.
[b] "The Buyer" shall mean any person or body purchasing or intending to purchase goods or services from the Company.
[cl "The Conditions" shall mean the Terms and Conditions of Sale contained in this document.
[d] "Business Days" shall mean all days except Saturday, Sunday and Bank Holidays. re] "Manufacture and or supply of goods" shall include service(s) where provided.
2. Acceptance by the Company
All goods are sold subject to the Company's Terms and Conditions of Sale.
3. Variation of terms
These conditions may not be varied except by the written consent of a Director of the Company.
4. Price variation
Every effort will be made to maintain prices quoted but orders are accepted subject to the Company's right to vary the prices to those ruling at the date of dispatch.
5. Terms of Payment.
All accounts to be paid within 30 days.
6. Delivery of goods.
Any period or dates quoted for dispatch are to be regarded as approximate only and the Company accepts no liability for any loss injury damage or expenses whether arising directly or indirectly from non-delivery or delay in delivery of goods.
7. Loss or Damage in transit
When the price quoted includes delivery the Company will repair or at its option replace free of charge goods lost or damaged in transit providing that the Company is given written notification of such loss or damage within 3 (three) business days of the date of delivery.
8. Claims
No claims in respect of any defect in the goods supplied by the Company will be entertained unless claims are submitted in writing within 14 (fourteen) days from the date of delivery of the goods. In the event of the Company undertaking the erection of the goods then any claim concerning a defect must be made in writing within 14 days of completion.
9. Risk
[a] On delivery the risk in the goods shall pass to the Buyer but the title to the goods shall not pass to the Buyer until payment for the goods has been received by the Company. [b] Notwithstanding delivery the property in the goods shall remain in the Company until the Buyer has paid in full for and the Buyer shall keep the goods separate and hold the goods and any proceeds of sale of the goods and any rights arising from such sale thereof as trustee for the company.
[cl If any of the goods are processed into any other goods before payment in full for the goods has been received by the Company the goods including all other goods as aforesaid shall be the property of the Company and the Buyer shall hold such goods and any proceeds of sale of such goods and any rights arising from such sale as trustee for the Company until such payment is made.
[d] In the event that the goods are endorsed or described by the brand name of the Buyer then the provisions of this clause shall not apply and the property in the goods shall pass to the Buyer on delivery but in such event the full price shall be due on delivery.
10. Return of Goods
Goods may be returned only by previous arrangement with the Company provided that: -
[a] The Buyer pays the Company a handling charge,
[b] The goods are unused and free from damage,
[cl The goods are returned to an address specified by the Company and the carriage is paid by the Buyer.
11.Warranty
[a] The Company warrants that the goods delivered shall be in accordance with the specification (if any) of the Company relating thereto but in any event the Buyer must satisfy itself that the goods are fit for the purpose for which the Buyer intends to use them. Save as herein stated all express or implied statutory or other warranties representations whether as to fitness or otherwise relating to the goods supplied by the Company are hereby excluded.
[b] If the Buyer alleges that the goods delivered are not-
[i] in accordance with the Company's specification relating thereto or
[ii] of merchantable quality
The Buyer must notify the Company in writing within three business days after delivery and shall not dispose of or use those goods in any way whatsoever pending investigation of the complaint by the Company and until such investigation has been completed shall store the goods at his own expense.
[cl The Company shall not be liable for any loss of or damage to the goods or loss of or damage to commercial or industrial property caused by the goods howsoever caused or arising unless the Buyer notifies the Company in writing in the case of loss of or damage to the goods within three (3) days of the receipt of the goods and in the case of loss or damage to commercial property within three (3) days of the occurrence of such loss or damage. [d] The Company shall not be liable for any indirect or consequential loss or damage however caused.
12. Site conditions
Where the tank(s) is erected by the Company the Buyer will be responsible for:
[a] Providing at its own expense and responsibility the tank foundations, to the Company's specification and for providing facilities for electric lighting power water supply and drainage and any other facilities or serves reasonably required by the Company to carry out its work.
[b] Additional costs arising from the failure to ensure that the site is ready and accessible for erection on the agreed date or due to any deficiency in the foundation.
[cl Ensuring that all materials and component parts are offloaded and adequately stored and placed adjacent to the erection site immediately prior to commencement of erection.
- Site testing
Where the Order includes the requirement for the tank(s) to be erected on site the Company will complete the erection of the tank(s) and carry out a water test after which the Company will present a certificate to the Buyer or his representative which the Buyer or his representative will sign confirming that the tank has been tested to the satisfaction of the Buyer or his representative. One copy of the certificate will be retained by the Buyer.
- Force Majeure
The Order is subject to cancellation by the Company or to such variation as the Company may find necessary by reason of inability to secure labour materials transport or supplies or by reason of strike, lock-out, trade dispute, weather conditions, hostilities, legislation, Act of God or any occurrence whatsoever beyond the control of the Company.
- Notices
Any notice to be given under this order to the Buyer may be deemed delivered if dispatched by the Company be pre-paid post and sent to the latest address of the Buyer as quoted on the order form or in the Buyer's correspondence. Anything dispatched by post shall be deemed to have been received when it should in the normal course of post certified by the Post Office have been delivered.
- Cancellation
If any order is cancelled by the Buyer after written acceptance by the Company, the Buyer shall pay a charge for handling the order and for the materials. Provided that, if at the time of cancellation the Company has commenced work on the Order, the full contract price shall be due and payable.
17. lndemnities
Where goods are manufactured or processed in accordance with instructions descriptions or other specifications submitted by the Buyer the Buyer shall indemnify the Company against all damages penalties costs or expenses arising out of any infringement of any patent design trademark or other rights of a third party.
18. Confidentiality
The Buyer and the Company shall keep confidential any information obtained under the Contract and shall not divulge the same to any third party without the prior consent in writing of the other. The provisions of this Clause shall not apply to: -
[a] Any information in the public domain
[b] Information in the possession of the receiving party thereof before divulgence as aforesaid.
[cl Information obtained from a third party who is free to divulge the same.
- Insolvency
If the Buyer shall fail to pay any sum due on the due date, or shall be served with a Statutory Demand, a Bankruptcy Petition, or being a limited Company a Winding Up Petition, or shall enter into an arrangement or composition with its creditors or shall suffer any distress or execution to be levied on its goods then the Company shall have the right to suspend or cancel further deliveries of goods and to treat the contract as repudiated.
- Jurisdiction
[a] The Order shall be governed by and construes in accordance with English law and both parties accept the jurisdiction of the English Courts.
[b] Clause headings are for ease of reference only and do not affect construction.
21. Health and Safety
In order that the Buyer may comply with the Control of Substances Hazardous to Health Regulations 1988 the Company will provide on request such technical information as is available from the manufacturers and is in its possession. The Company shall not be held responsible for the accuracy completeness or relevance of such information.
