TERMS & CONDITIONS OF SALE
PRICES
This quotation is based on present day costs at GEFPC Ltd and suppliers plant and is subject to changes which may vary in the cost of production, delivery charges and other circumstances beyond our control which may occur between the date of the quotation and completion of the contract.
VALIDITY
Products itemised on this quotation are offered subject to being unsold on receipt of the order and written acceptance by GEFPC Ltd. Unless otherwise stated the products quoted will be invoiced at the price ruling at the date of despatch. Prices are exclusive of V.A.T. and valid for 30 days only, subject to being advised otherwise by GEFPC Ltd.
TESTS AND QUALITY
All materials supplied by GEFPC have been subjected to careful inspection and quality tests on a sample basis at our supplier’s works before despatch.
COMPLETION AND DESPATCH
Delivery period(s) quoted by GEFPC Ltd for completion and despatch, date from the acceptance and written acknowledgement by GEFPC Ltd or from the date of receipt by GEFPC Ltd of all necessary information or instructions, including an official written order from the customer, whichever may be the later. Delivery date(s) quoted are only approximate. GEFPC Ltd are not to be held responsible for a delay in delivering materials or equipment for any reason whatsoever beyond GEFPC Ltd control, specifically, war, interference/restraint by government officials, inability for either GEFPC Ltd, or its suppliers to secure materials necessary for completion of an order, force majeure, strikes, lock-outs, riots, accidents, fire, failure of carriers, railway companies or shipping companies to furnish facilities and/or services.
PAYMENT
- a) Unless otherwise stated GEFPC Ltd terms are strictly Nett 30 days following date of invoice, only where the purchaser has an approved credit account.
Otherwise where purchaser does not have approved credit account, terms are to be met with cash on order. b) The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered. c) In the event of the purchaser re-selling the materials, equipment or other goods before full payment of the goods has been met by the customer, GEFPC Ltd beneficial interest shall attach to the proceeds and/or any benefit arising out of such resale or to any claim to such proceeds and/or benefit without prejudice to any further claim GEFPC Ltd may have against the purchaser in respect thereof.
- d) Should the materials, equipment and other goods become constituents of or be converted into other products whilst subject to GEFPC Ltd beneficial ownership. GEFPC Ltd shall have the beneficial ownership in such other products as if they were solely and simply GEFPC Ltd goods and accordingly the matters set out in paragraphs ‘b’ and ‘c’ should as far as appropriate apply to such other goods. e) In the event that the purchaser shall not pay in accordance with these terms GEFPC Ltd may issue proceedings to recover all sums due to them, obtain judgment and enforce the same and such action shall not prejudice their ownership in the materials, equipment and other goods agreed to be sold. f) In the event that the purchaser shall not pay in accordance with these terms GEFPC Ltd may require the purchaser to indemnify them in all respect of all reasonable fees incurred by them to agents and/or solicitors to recover the monies due and in the case of fees of solicitors these shall be calculated on a solicitor and own client basis.
WARRANTIES AND USE
Save as in these conditions mentioned, all express or implied or statutory warranties, representations, conditions or liabilities whether as to fitness or otherwise and whether arising out of contract or tort relating to the equipment to be supplied in pursuance of this quotation are hereby excluded. In lieu thereof we warrant that If any defect is discovered in any part of the materials or equipment used in accordance with any instructions issued by GEFPC Ltd or its agent and such defect is proved to be due to faulty material or workmanship we shall, subject as hereinafter mentioned:- (a) Goods not manufactured by GEFPC Ltd shall pass onto you any benefit you may receive under any warranty given to us by the suppliers of such goods in respect thereof GEFPC Ltd liability under this warrantee is limited as aforesaid and shall be a pre-requisite of such liability that. (i) The goods have been used correctly under the conditions disclosed to us at that time you place your order and for the duty on which our quotation is based. (ii) A claim in writing has been received by us within six month of delivery of the goods to you and. (iii) The defective part has been delivered to our office and all carriage, customs and other duties in respect of such delivery have been paid by you. The above warranty stipulations do apply unless otherwise stated.
PATENTS
We will indemnify you against any claim for infringement of Letters Patent or Trade Marks or Registered Designs existing at the date of the contract, by the use or sale by you of any goods supplied by us to you and against all costs and damages which you may incur in connection with such infringement. Provided that:-(i) this indemnity shall not apply to any infringement as a result of our having followed a design or instructions furnished by you, or of the use of goods in a manner, for a purpose or in a country not specified by or disclosed to us and(ii) this indemnity is conditional on your giving to us the earliest possible notice in writing of any claim being made or action threatened or brought against you. We shall be entitled at our expense to conduct any litigation that may ensue and all negotiations for the settlement of any claim.(iii) You warrant that any design or instructions furnished by you to us shall not cause to infringe any Letters Patent or Trade Marks or Registered Design in the execution of your order or otherwise.(iv) We shall have the right in such event to make such changes, alterations or substitutions in the equipment as may be appropriate to avoid the infringement.
LEGAL CONSTRUCTION
Any contracts entered into by us shall in all respects be construed and shall operate as English Contracts, and in conformity with the Laws of England, and unless otherwise arranged shall be subject to the jurisdiction of the English Courts.
RISK
Goods, the subject of agreement by GEFPC Ltd to sell and/or hire, shall be at the risk of the intending customer as soon as they are delivered by GEFPC Ltd to the customer’s vehicle or premises or otherwise to such customer’s order and in the case of an agreement to hire, such customer shall immediately insure such goods and keep the same insured throughout the period of hire against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business in which the goods are for the time being used, the same to be insured for the full replacement value thereof, such insurance bearing an endorsement recording GEFPC Ltd interest.
DAMAGE
GEFPC Ltd shall not be responsible for loss or damage to goods beyond the point of delivery. In the event of damage in transit, notice shall be given in writing to carriers and GEFPC Ltd within three days of delivery and in the event of non-delivery of the whole or part of any consignment, notification shall be given within 14 days of the date of despatch indicated on GEFPC Ltd Advice Note, otherwise GEFPC Ltd cannot accept any responsibility unless specifically arranged.
MISCELLANEOUS
a) GEFPC Ltd shall not be liable for any consequential or indirect damages including, but not restricted to damages which may arise from loss or anticipated profits, or production from increased cost of operation or spoilage of material. b) Any proposals, drawing and related data are the property of GEFPC Ltd and are subject to recall at anytime before this proposal is accepted. Any drawing accompanying this proposal are not to be used for construction purposes. c) An accepted order for this equipment or goods, shall be non-cancellable except upon mutual agreement. d) We reserve the right to make any change in equipment or design which in.