TERMS & CONDITIONS OF TRADING
1. General
In these conditions ‘Us’, 'Our' and 'We' means Alcosa Engineering Ltd T/A ‘Homeworks & Ironworks’ and ‘You’ and 'Yours' means any persons or body corporate who accepts a quotation or estimate from Us for the sale of goods or whose order for goods is accepted by Us. Complete Systems means systems designed, supplied, installed and commissioned by Us. All tenders and quotations are submitted and all orders accepted solely upon and subject to the following terms and conditions to the exclusion of all other terms and conditions except such (if any) as are specifically accepted by Us in writing. Acceptance of delivery by You shall be conclusive evidence of acceptance of these terms and conditions by You. We do not warrant that any goods are fit for any purpose other than that for which it is supplied or manufactured.
2. Conditions of Sale and Supply
These conditions apply to all contracts for the supply of services and the sale of equipment by Us to You including the supply of Complete Systems to the exclusion of all other standard or printed terms and conditions You may purport to apply in any purchase order, confirmation of order or other documentation and all previous terms and conditions- Any variation of these Conditions or additional or special terms and conditions will not apply unless We agree to them in writing.
3. Quotations
Any quotation given by Us to You is based on: (a) Our wage rates and the prices of equipment current at the time of the quotation and (b) Your specification of the works and or equipment to be supplied and We reserve the right to increase the quotation if that specification is subsequently varied. Any quotation shall not be binding on Us unless it is accepted within the validity period stated on the quotation.
4. Estimates
Any estimate given by Us to You is based on: (a) Our wage rates and the prices of equipment current at the time of the estimate and (b) Your specification of the works and or equipment to be supplied and We reserve the right to increase the estimate if that specification is subsequently varied. Estimates are based on approximation of the given information at the time of submission and may be subject to adjustment where necessary. We will however, always endeavour to comply when possible with the spirit of the estimate, we would advise that a 10 percent fluctuation is considered prudent.
5. Payment Interest
Payment may be made by Cash, Visa or MasterCard Credit Card or Banking Card, Cheque or by BACS transfer to Our bank account. Payment in full is due on completion of all works. Interest on overdue invoices shall accrue from the date that payment is due until the date of payment after as well as before any judgement at a rate equal to 4% above the base lending rate. If You cancel an order we reserve the right to charge You for all the work We have done up to that time and all expenses We have incurred in connection with the Order including a 25% administration charge.
6. Delivery Dates
All delivery dates are estimates and are not totally under Our control. We do not accept any liability for delays in delivery or any loss arising in consequence.
7. Delivery and Acceptance
You must inspect equipment supplied as soon as practicable after delivery and notify Us within 3 days of any alleged defect or failure to comply with the description of the equipment. The equipment is at Your risk from the time of delivery and no liability will be accepted by Us for damage or loss to the equipment after the time of the delivery, failing such notice You will be deemed to have accepted the equipment and it shall he conclusively presumed that the equipment is in accordance with the Contract and free from any defect or damage which would be apparent on examination.
8. Retention of Title
Notwithstanding delivery of the equipment to You or Your premises property and ownership in the equipment shall not pass from Us until You have paid the price including VAT and all other sums which are due from You to Us in full. We shall be entitled to recover the price including VAT notwithstanding that property in the equipment has not passed from Us. Until property and ownership in the equipment passes from Us You will on request deliver up the goods or equipment. We may enter any premises owned occupied or controlled by You where the equipment is situated and repossess it. You shall not charge by way of security for indebtedness any of the equipment which is Our property and if You do so all sums owing by You to Us shall immediately become due and payable without prejudice to Our other rights against You.
9. Guarantees and Liability
For Complete System provided that You have used and maintained them in accordance with the operating manual for the System and its component parts We will replace or repair any parts which fail at no charge for a period of 12 months from the date of commissioning of the Complete. Any other equipment supplied by Us has the benefit of the relevant manufacturer's guarantee which is subject to the terms and conditions laid down by the manufacturer. Except where We have been contracted to install and commission the equipment You are responsible for ensuring that the manufacturers terms and conditions are complied with on installation and in all cases You must operate the equipment in accordance with the manufacturers terms and conditions. In the event of a suspected fault You must inform Us promptly If the equipment is found to be in satisfactory working order or if the fault has been caused by Your failure to observe the manufacturers guarantee terms and conditions We will charge You for all costs incurred including Our time in inspecting the equipment.
10. System Design
We design Systems based on Your requirements and locations as notified to Us by You. We will provide full technical specification for any equipment or Systems in any quotation on request but it is Your responsibility to ensure that equipment or Systems ordered by You meet the requirements and specification of You or Your customers.
11. Liability
If equipment or Systems supplied by Us are defective or otherwise not in accordance with the Contract Your sole remedy shall be limited to our repairing or replacing the equipment or at Our election refunding part of the price. Our liability to You in respect of any breach of the Contract shall in no circumstances exceed the value of the price. We shall in no case be liable to You for loss of profit or for any other indirect loss or expense suffered by You as a result of any breach of Contract by Us.
12. Force Majeure
We shall be under no liability for any delay, loss or damage caused wholly or in part by Act of God, Governmental restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves Our employees or not or by reason of any other matter or thing beyond Our reasonable control.
