Terms and Conditions

Conditions Applicable


These Conditions shall apply to all contracts for the Sale of Goods and the Supply of Services by the Seller (Accurite Industries Limited) to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation or order or similar document.


All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.


Any variation to these Conditions (including any special terms and Conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.


Price and Payment


The price of the Goods shall be the Seller’s quoted price which shall be binding on the Seller provided that the Buyer shall accept the Seller’s quotation within 15 days. The Seller may, by giving notice to the Buyer at any time up to 7 days before delivery, increase the Price of the Goods to reflect any increase in the cost to the Seller which is due to factors occurring after the making of the contract of sale which are beyond the reasonable control of the Seller (including, without limitation, foreign exchange fluctuations, taxes and duties and the cost of labour, materials and other manufacturing costs). Provided that the Buyer may cancel this contract within 7 days of any such notice from the Seller. The Price is exclusive of VAT which shall be due at the rate ruling on the date of VAT invoice.


In cases where there are no official written quotations, the prices as indicated on the Sellers invoice shall be deemed to be the agreed price.


The Buyer must take delivery of the said Goods, within 15 days from the date of the Sellers notification of Goods being ready. If this does not occur, the Seller has the right to re-sell the Goods elsewhere, and the Buyer loses his security.


Should the Buyer cancel the order prior to delivery / collection of the machine / parts, then all payments there-upon deposited with the seller for the said cancelled machine / parts will be forfeited by the Buyer, and the Seller can re-sell the said machine / parts.


Should the Buyer not pay the agreed full amount within 10 days of the Sellers notice that the machine / parts are ready, then all payments there-upon deposited with the seller for the said machine / parts will be forfeited by the Buyer, and the Seller can re-sell the said machine / parts.


Where a number of individual machines are supplied as part of a single contract, and the delivery, and or installation / commissioning is staggered, then the pricing conditions associated with the overall contract, are applicable to the individual machine supply, where the machine price is individually itemised.


Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of [2] per cent above HSBC Bank plc’s base rate from time to time in force and shall accrue at such rate after as well as before any judgment.


Where the Seller agrees to give the Buyer a credit on goods purchased for whatever reason, no monetary refund will be given on amounts of £1,000.00 excluding VAT, a credit note against their account will be issued. On amounts over £1,000.00 excluding VAT, monetary refund will be at the discretion of the Seller.


Description

The Goods shall be supplied in accordance with the description contained in the Seller’s specification and manufactured in accordance with all applicable directives which relate specifically to the goods.


The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

Time limits for bringing claims for defects


The Buyer shall inspect the Goods on delivery and shall within 3 days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. Following such notification the Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.

The Buyer shall notify the Seller of any non-delivery of the whole consignment within 7 days of the date of despatch (as stated on the invoice). Notwithstanding the receipt by the Seller of any such notice a clear signature on a carriers delivery advice sheet shall be deemed to signify receipt of the quantity of goods indicated on the advice sheet.


If the Goods are not in accordance with the contract for any reason the Buyer’s sole remedy shall be limited to the Seller making good any shortage by replacing such Goods or, if the Seller shall elect, by refunding a proportionate part of the price.

Seller’s liability


In the event of a breach of this contract by the Seller, there can be no damages or losses whatsoever, claimed against the Seller, due to this actual or apparent breach.


The Seller will not be liable to the Buyer or to its personnel or to any third party in connection with injuries or damages which may be incurred or suffered by them or any of them as a result of the operation or use of the machinery or during its installation, or as a consequence of its malfunctioning or claimed to be due to lack of adequate safety features or to the improper designing of the machinery. The Buyer agrees to indemnify the Seller and to hold the Seller free and harmless of any claim,demand, action, suit or other proceedings (bearing directly all Legal fees and court costs relating to the defence thereof) which may be made, filed or instituted against the Seller in relation to injuries and damages asserted to have been so incurred or suffered by anyone.


The Buyer shall adequately insure the machinery, at its own cost and expense, with a reputable insurer and under such policy as will protect the Buyer against all risks arising out of the installation, operation, use or malfunctioning of the machinery andas will preclude to such insurer recourse against the Seller in connection with any payment made by it to any third party claimant.

Retention of Title


In spite of delivery having been made property in the Goods shall not pass from theSeller until:-


The Buyer shall have paid the Price plus VAT in full; and


No other sums whatever shall be due from the Buyer to the Seller


Until property in the Goods passes to the Buyer in accordance with clause 6.1 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other Goods in its possession and marked in such a way that they are clearly identified as the Seller’s property.


Notwithstanding that the Goods (or any of them) remain the property of the Seller theBuyer may sell or use the Goods in the ordinary course of the Buyer’s business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until Property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller’s money.


The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that the property in any Goods has not passed from the Seller.


Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess the goods. On the making of such request the rights of the Buyer under clause 6.3 shall cease.


The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller if the Buyer does so all sums whatever owing to the Buyer to the Seller shall forthwith become due and payable.


The Buyer shall insure and keep insured the goods to the full price against “all risks”to the reasonable satisfaction of the Seller until the date that Property in the Goodspasses from the Seller and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

Delivery


Delivery of the goods shall be made to the Buyer’s address on the delivery date. The Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tended for delivery. The risk in the goods shall pass to the Buyer upon such delivery, including for any damage sustained to the goods during any unloading of delivery vehicles.


Where the Buyer is responsible for the collection of the goods, then the risk in the goods shall pass to the Buyer upon the successful loading of the goods at the Sellers Factory, or other specified place of loading.


The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be reimbursed by the Buyer (without any set off or other with holding whatever) and shall be due on the date for payment of the price.


The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the goods (or any of them) promptly or at all.


Notwithstanding that the Seller may have delayed or failed to deliver the goods (orany of them) promptly the Buyer shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tended at any time within 3 months of the delivery date.


When goods are delivered directly to the Buyer from the manufacturer, any transit time given in just an indication, and cannot be deemed a specific contract term, dueto factors beyond the Seller’s control.


Neither party shall be liable for any default due to any Act of God, war, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of the party.


Governing Law


This Contract is subject to the Law of England and Wales. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the Courts of England andWales.


Assignment


The Seller may licence or sub-contract all or any part of its rights and obligations under this Contract without the Buyer’s consent.


Insolvency


If the Buyer fails to make payment for the Goods in accordance with this Contract ofSale or commits any other breach of this Contract of Sale or if any distress or execution shall be levied upon any of the Buyer’s goods or if the Buyer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or ifa receiver, administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if any petition for the appointment of an administrator is presented against the Buyer or if the Buyer shall suffer any analogous proceedings under foreign law all sums outstanding in respect of theGoods shall become payable immediately. The Seller may in its absolute discretion and without prejudice to any other rights which it may have:


(i) suspend all future deliveries of Goods to the Buyer and/or terminate the Contract without liability upon its part; and/or(ii) exercise any of its rights pursuant to clause 6.


Cancellation


The Seller may cancel this Contract at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the


Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.


Should the Buyer cancel the order prior to delivery of the Goods, then he forfeits completely the agreed amount of the deposit /security. The Buyer is also liable to pay to the Seller a minimum amount of 50% of the remaining balance of the full price ofthe Goods.


Should the Buyer wish to return the Goods after acceptance of delivery, then this can only be done with the written consent of the Seller. In the case where written consenti s given, the Buyer must pay in full for all delivery costs, loading and unloading costs where applicable, plus a restocking charge of 50% of the quoted or invoiced price ofthe Goods.


In the case where clause 11.3 becomes applicable, the refund will be done by means of a credit into the customer account.



New Machinery Guarantee


The Machinery is warranted as follows:

–  the good mechanical functioning of the Machinery: for the period of twelve (12)months from the date of the delivery of the Machinery or for one thousand two hundred (1,000) working hours of the Machinery, whichever period will expire first.


–  motors and the electrical parts of the Machinery: for the period of six (6) months from the date of the delivery of the Machinery or for six hundred (500) working hours of the Machinery, whichever period will expire first.


–  inverters, PLCs and other electronic parts: for the period of three (3) months from the date of the delivery of the Machinery or for three hundred (250) working hours of theMachinery, whichever period will expire first.


–  the Seller’s warranties do not include the parts subject to normal wear and tear parts of the Machinery.


–  External services provided by the Customer, and essential to the proper working of the Machinery (eg. services / builders works), which cause malfunctioning of the machine, are not covered by any warranties.


–  All remedial works are to be carried out directly by the Seller (Accurite Industries Ltd).Only in exceptional cases, and with the express written instructions of the Seller(Accurite Industries Ltd), can works be carried out on the Machinery by an authorised Company. Failure to observe this condition will deem the warranty to be null and void.


–  The warranty conditions will only remain valid subject to the machine having regular servicing intervals, carried out only by Accurite Industries Ltd. These intervals are as follows :-


:  cutting machine – a minimum of every 6 months.

:  routing machine – a minimum of every 3 months.

:  polishing machine – a minimum of every 3 months.

:  other machinery – a minimum of every 3 months.


–  Mileage, travelling time, and if required lodgings to and from site will be charged on all breakdowns / warranty works.


–  Parts which fail, and meet the warranty criteria, need to be returned to the seller,where they will be examined, and if found to be defective, will be replaced free of charge. All transport and courier charges returning the failed part and sending the warranty part will be for the Buyers account. If the Buyer requires the part prior to returning the failed part, then this part will subject to a sales invoice, and remains liable for payment until this failed part is returned to the Seller, and found defective. In all cases the Buyer must return the failed part to the Buyer within 7 days of despatch of the replacement part, otherwise the warranty on this part is void.


Any extended warranty specifically granted, shall be subject to the same standard warranty conditions as in 12.1. All the relative periods of servicing and hours of working as contained in 12.1 shall be pro-rata to the extended period of warranty.


Where the Machinery has not been serviced in accordance with the timescale conditions of 12.1, then responsibility for the suitable maintenance and up-keep of the safety features contained on the Machinery, becomes the full liability of the Customer.


Where the installation and or commissioning is carried out by any party other than the Seller, or Sellers approved Technicians, then any guarantee is totally null and void.Any approved Technicians must be certified in writing by the Seller, giving specific Buyer, Technician and machine details.


No warranty either express or implied can be transferred from the original Buyer.


When a machine is sited without roofed protection, and is open to the weather elements, then any warranty becomes void.


Reconditioned Machinery Guarantee


The Machinery is warranted as follows:


–  the good mechanical functioning of the Machinery: for the period of three (3) months from the date of the delivery of the Machinery or for three hundred (250) working hours of the Machinery, whichever period will expire first.


–  motors and the electrical parts of the Machinery: for the period of two (2) months from the date of the delivery of the Machinery or for two hundred (150) working hours ofthe Machinery, whichever period will expire first.


–  inverters, PLC and other electronic parts: for the period of one (1) month from the date of the delivery of the Machinery or for three hundred (100) working hours of theMachinery, whichever period will expire first.


–  the Seller’s warranties do not include the parts subject to normal wear and tear parts of the Machinery.


–  External services provided by the Customer, and essential to the proper working of the Machinery (eg services/buildings works), which cause malfunctioning of the machine, are not covered by any warranties.


–  All remedial works are to be carried out directly by the Seller (Accurite Industries Ltd).Only in exceptional cases, and with the express written instructions of the Seller(Accurite Industries Ltd), can works be carried out on the Machinery by an authorised Company. Failure to observe this condition will deem the warranty to be null and void.


–  The warranty conditions will only remain valid subject to the machine having regular servicingf ollows :-


intervals, carried out only by Accurite Industries Ltd. These intervals are as


cutting machine – a minimum of every 2 months.routing machine – a minimum of every 2 months.polishing machine – a minimum of every 2 months.other machinery – a minimum of every 2 months.


–  Mileage, travelling time, and if required lodgings to and from site will be charged on all breakdowns/warranty works.


–  Parts which fail, and meet the warranty criteria, need to be returned to the seller,where they will be examined, and if found to be defective, will be replaced free of charge. All transport and courier charges returning the failed part and sending the warranty part will be for the Buyers account. If the Buyer requires the part prior to returning the failed part, then this part will subject to a sales invoice, and remains liable for payment until this failed part is returned to the Seller, and found defective. In all cases the Buyer must return the failed part to the Buyer within 7 days of despatch of the replacement part, otherwise the warranty on this part is void.


Any extended warranty specifically granted, shall be subject to the same standard warranty conditions as in 13.1. All the relative periods of servicing and hours of working as contained in 13.1 shall be pro-rata to the extended period of warranty.


Where the Machinery has not been serviced in accordance with the timescale conditions of 13.1, then responsibility for the suitable maintenance and up-keep of the safety features contained on the Machinery, becomes the full liability of the Customer.


Where the installation and or commissioning is carried out by any party other than the Seller, or Sellers approved Technicians, then any guarantee is totally null and void.Any approved Technicians must be certified in writing by the Seller, giving specific Buyer, Technician and machine details.


Where the machine is sold in its present state or the state to which it has been viewed, then there is absolutely no warranty cover on this machine. The Buyer is totally responsible for suitability and condition of the Goods.


No warranty either express or implied can be transferred from the original Buyer.


When a machine is sited without roofed protection, and is open to the weather elements, then any warranty becomes void.