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1.0 DEFINITIONS
1.1 'Seller' - means Handling Equipment
Direct.
1.2 'Buyer' - means person or company
who buys or agrees to buy from the
Seller.
1.3 'Conditions' - means the Terms and
Conditions of sale set out in this
document and any special Terms and Conditions agreed
in writing by the
Seller.
1.4 'Goods' - means the article(s) which
the Buyer agrees to buy from the
Seller.
1.5 'Specials' - means any article(s)
not being standard which the Seller
manufactures to the specification(s) of the Buyer
and which the Buyer will
pay all additional costs to the Seller.
2.0 APPLICABILITY OF CONDITIONS
2.1 Any contract shall consist of the Buyer¹s
order(s) and the Sellers
acceptance thereof.
2.2 Any order(s) accepted by the Seller shall
be subject to these
conditions of sale and no other conditions shall
apply unless expressly
agreed in writing by the Buyer.
2.3 Acceptance of delivery of goods shall be deemed
conclusive of the
Buyers acceptance of these conditions.
3.0 PRICES
3.1 The price of the Goods shall be the price
currently being charged,
prices are exclusive of VAT at the rate ruling
at the relevant tax point.
4.0 RETENTION OF TITLE
4.1 Whilst risk of Goods supplied to you by us
shall pass on delivery.
Legal and beneficial ownership of the Goods shall
remain with us until such
time as payment has been received in full of all
sums due to us by you and
until such time such Goods supplied must be kept
separate from your property
and clearly identified as our property.
5.0 RISK
5.1 The Goods shall be delivered at the Buyers
risk.
5.2 Risk in the product passes when they are delivered.
Delivery to your
premises or those of your customer, other named
Agent or independent carrier
will constitute delivery for the purposes of these
Conditions.
5.3 If for any reason the Buyer fails to take
delivery on the due date
delivery will have been deemed to have taken place
on the due date.
6.0 FITNESS FOR PURPOSE
6.1 Goods are not sold for any particular purpose
even if implied by the
Seller to the Buyer.
6.2 All implied Terms and Conditions and warranties
relating to the
quality and/or fitness for the purpose of the Goods
or any of the Goods are
excluded.
6.3 The Seller shall be under no liability to
the Buyer for any direct, indirect
or consequential loss and/or expense (including
loss or profit) suffered by
the Buyer arising out of a breach by the Seller
of this contract.
7.0 RETURN OF GOODS
7.1 The return of Goods will only be agreed to
if they are contained in
the original packing, unmarked and unused and have
not been specifically
manufactured.
7.2 Return of goods shall be at the Buyer's expense and the Seller's acceptance.
8.0 CLAIMS
8.1 Should the buyer not receive the correct quantity
or damaged Goods
the delivery document must be endorsed accordingly.
The Seller must be
notified immediately.
8.2 Failure to observe the claims procedure can
invalidate the Sellers
contractual liability under these Conditions of
Sale.
8.3 Cancellation of Goods will only be accepted with the Seller's written agreement.
9.0 DATA
9.1 Illustrations, diagrams, drawings, photographs,
weights and measures
are provided for information only and form no part
of the Contract. The
Seller reserves the right to change specifications
at any time.
10.0 GENERAL
10.1 All headings are for ease of reference only
and shall not affect the
construction of this Contract.
10.2 Any provision of this Contract which is or
may be void or
unenforcable shall to the extent of such invalidity
or unenforcability be
deemed severable and shall not effect any other.
11.0 PROPER LAW OF CONTRACT
11.1 This Contract is subject to the Law of England
and Wales.
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