Bewator BC610 User's Guide download pdf (Page 68)

Conditions Of Sale

1 GENERAL

1.1 - The following are the terms and conditions (.Conditions.) of the contract (.Contract.) under which Bewator Limited (.the

Company.) is to supply the goods and/or services specified in the Company’s acknowledgement of order attached to

these Conditions or otherwise agreed in writing by the parties (the .Equipment.) to the person placing that order (the

.Customer.).

1.2 - No other terms, conditions or warranties shall apply unless agreed to in writing by the Company. These Conditions shall

prevail over any terms and conditions of purchase of the Customer.

1.3 - No variation to these Conditions shall be binding unless agreed in writing by the Company.

1.4 - The employees and agents of the Company are not authorised to make representations as to the description, quality or

fitness for any particular purpose of any of the Equipment, unless confirmed in writing by the Company. The Customer

acknowledges that it has not relied on, and waives any claim for breach of, any such representations which have not been so

confirmed.

2 SALE

2.1 - The Company shall sell and the Customer shall purchase the Equipment subject to these Conditions.

2.2 - Orders accepted by the Company may only be cancelled or rescheduled with the Company’s consent in writing

3 PRICE AND PAYMENT

3.1 - The price of the Equipment shall be the Company’s quoted price or where no price has been quoted, the price listed in

the Company’s Price List and Buyers Guide current at the date of acceptance of the Customer’s order.

3.2 - Any prices quoted which are not in the Price List and Buyers Guide or other published price list are valid for 30 days only

unless otherwise stated or withdrawn. All orders remain subject to acceptance by the Company.

3.3 - Payment of invoices shall unless otherwise agreed in writing be made in full without any deduction or set-off by the due

date.

3.4 - Failure to make due payment in respect of any deliveries or installments under this or any other contract between

the Customer and the Company shall entitle the Company to delay, suspend or cancel deliveries in whole or in part at its

option.

3.5 - Any extension of credit allowed to the Customer may be changed or withdrawn at any time. Any credit accounts are

payable 30 days from invoice date unless otherwise agreed by the Company in writing. Any dispute by the Customer

regarding the validity of the invoice shall be notified to the Company in writing within 14 days of the invoice date.

3.6 - If payment is not made in full by the due date stated on the invoice:

3.6.1 - The Company reserves the right to charge interest to the Customer at the rate of 7% above LIBOR on the unpaid

balance (such interest to accrue on a day to day basis from the due date for payment until receipt by the Company of the full

amount whether before or after any judgement) and

3.6.2 - The Customer shall indemnify the Company against all costs and expenses (including any legal costs and expenses on a

full indemnity basis) incurred or sustained by the Company in recovering sums due or in exercising its rights pursuant to Clause

6, in each case without prejudice to any other rights or remedies available to the Company.

3.7 - Payment shall be due whether or not property in the Equipment has passed by virtue of Clause 6 below and the

Company shall (without prejudice to any other right or remedy) accordingly be entitled to sue for the price once the same is

due even if property in the Equipment has not passed.

4 LICENSES, TAXES AND OTHER CHARGES

4.1 - Unless otherwise agreed in writing with the Company the Customer warrants and represents to the Company that every

applicable license (import or otherwise), foreign exchange control authorisation or any other authority that may be required in

connection with the Equipment, has been or will be duly obtained by and at the expense of the Customer.

4.2 - Unless otherwise agreed in writing the prices do not include Value Added Tax (.VAT.) or any other tax or levy on the

supply or importation of the Equipment.

5 DELIVERY AND COMPLETION OF SERVICES

5.1 - Delivery shall be ex-works Newport UK unless specified otherwise on the order acknowledgement issued by the

Company to the Customer for the Equipment.

5.2 - Upon delivery the Customer shall sign the delivery note of the Company or its carrier to acknowledge receipt of the

Equipment.

5.3 - Any dates for delivery are approximate only. The Company’s liability for any loss, damage, cost or expense caused by

any delay or failure in delivery of the Equipment howsoever caused, including without limitation the Company’s negligence,

shall be limited to the price of that Equipment under the Contract. The Equipment may be delivered by the Company in

advance of the quoted delivery date if agreed with the Customer.

5.4 - Where the Equipment is ordered to be delivered in installments (.call-off order.), each delivery shall be paid for separately

and failure by the Company to deliver any one or more of the installments in accordance with these Conditions shall not entitle

the Customer to treat the Contract for the whole of the Equipment as repudiated.

5.5 - If the Customer fails or refuses to take delivery of the Equipment or fails to give the Company adequate delivery

instructions by the time stated for delivery then, without prejudice to any other right or remedy available to the Company, the

Company may:

5.5.1 - store the Equipment until actual delivery and charge the Customer the reasonable costs (including insurance) of storage

and subsequent re-delivery; or

5.5.2 - treat the Contract as repudiated and use the Equipment in fulfilment of other Customers. orders.

5.6 - Where the Equipment is to be collected by the Customer, the Company may treat the Contract as repudiated and re-sell

the Equipment if the Customer fails to collect the Equipment within 7 days of notification by the Company that it is ready for

despatch.

5.7 - The Company may charge the Customer for packaging, insurance, carriage and freight of the Equipment. The Company

may pack the Equipment in whatever manner it considers reasonable. The Company shall be under no obligation to conform

to any limits for weights or measurements of any consignment of Equipment.

6 TITLE AND RISK

6.1 - Risk of loss or damage to the Equipment shall pass to the Customer when the Equipment is delivered to the Customer. If

the Equipment is carried at the cost of the Company, the Company will only bear the risk of loss or damage in transit if it

receives written notification of such loss or damage within 3 days of delivery, or in the case of non-delivery, within 21 days of

the date of despatch.

Tel: +44 (0)1633 821000 E-mail: [email protected] www.bewator.co.uk

Conditions Of Sale

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Bewator BC610 User's Guide Page 68

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