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Terms and Conditions
No order shall result in a binding contract of sale unless and until GEN3 KINEMATICS LIMITED have accepted it in writing.
The prices quoted prior to an order or contained within an order are subject to amendment up to the time of delivery on the following conditions:
- Any rise in the cost of raw materials, labour or transport.
- Any variation resulting from the introduction of any Statutory Authority Regulation or Bye Law.
- Any increase in duties, taxes, freight or insurance coming into force after the Seller’s acceptance of an order.
- Any additional processing of materials or equipment not originally specified or supplied in an unsuitable condition shall be subject to variation in price.
- In the event of the Seller giving notice of an increase in accordance with para. 2 then the Purchaser may give written notice of cancellation within 7 days.
- Unless otherwise agreed the goods may be delivered in instalments and invoiced separately.
- All delivery dates quoted are to be treated as estimates and may be subject to modification, due to circumstances beyond the control of the Seller.
- PAYMENT AND TERMS:
- Terms are strictly nett cash upon delivery and upon delivery and presentation of documents.
- A period of 30 days to receive payment is allowed only after agreement in writing and payments shall be due and payable on the 20th day of the month following the date of invoice.
- VAT at the appropriate rate will be added to all charges where applicable.
- Carriage and Packing charges will be added at the appropriate rate by the Seller.
- Payment must be made in Sterling, cleared through a London Bank and all Bank Charges arising from the Transaction are to the account of the Purchaser.
- The Seller may charge interest on any overdue account not settled within the agreed credit period at the annual rate of 2% over the London Clearing Bank Rate.
- In the event of Bankruptcy proceedings or the Purchaser’s business being placed in the hands of a Receiver, then all outstanding amounts invoice shall become due and payable immediately.
- LOSS OR DAMAGE IN TRANSIT:
The Seller shall not be under any liability to replace or repair goods lost or damaged in transit unless written notice shall have been given to both the Carrier and to the Seller in the case of loss within 14 days of the date of despatch as indicated on the Advice Note, and in the case of damage within 3 days of receipt of the damaged goods. Goods so damaged must be retained by the Purchaser to await inspection by the Carriers.
- FAULTS IN MANUFACTURE:
Any goods which do not comply with the Sellers description or specification, or in which defects solely attributable to faulty materials or workmanship appear under proper conditions of use and storage, will be replace or repaired (at the Seller’s option) free of charge if full written particulars are given to the Seller.
- In the case of non-compliance with the description or specification, within 14 days after their receipt by the Purchaser.
- In the case of defects, within 12 months after receipt by the Purchaser.
Provided, always that the goods in question are (unless otherwise agreed) returned promptly to the Sellers, carriage paid and provided that in respect of goods not of the Seller’s manufacture, the Purchaser is entitled only to such benefits as are received under any guarantee given to the Seller by the Supplier of such goods. It is a pre-condition of any liability, under this condition, that no repair work is undertaken by anyone other than the Seller (without prior written consent).
Our liability under these Conditions in lieu and to the exclusion of all warranties conditions or obligations on our part expressed or implied by statute common law or otherwise and in particular all liability for any indirect or consequential loss (howsoever arising) is expressly excluded.
- Any cancellation of an order accepted by the Seller can only be made with the consent of the Seller and will be subject to such cancellation charges as may be deemed by the Seller.
- No goods may be returned to the Seller without the prior approval of the Seller and may be subject to a restocking charge at the discretion of the Seller.
- PRODUCT OR SERVICE DESCRIPTION
Unless otherwise expressly agreed in writing by the Seller, all descriptions, illustrations and performance details contained in catalogues and advertisements and all other statements made with regard to equipment and other products produced by the Seller are intended for information only and shall not form part of any contract.
- RESERVATION OF TITLE:
Upon the expiry of the credit period or in the event of insolvency due to Bankruptcy of the Purchaser or of the Purchaser’s business being placed in the hands of a Receiver then the Seller shall be entitled to demand the immediate recovery and return of all goods delivered (or in the course of delivery) for which payment has not been made.
- FORCE MAJEURE
The seller shall not be held responsible or liable for any damage arising from an Act of God or any action by persons or Authorities beyond the control of the Seller including strikes, lock-outs or disruption of any kind which hinders or retards the execution of the Contract.
- CONTRACT LAW
All sale contracts are to be construed in all aspects in accordance with English law.