Conditions of sale
All Quotations and Offers given, Contracts or Orders accepted and Supplies made by us are subject to the following conditions:
1. All Price lists are subject to alteration without notice.
2. All Quotations, unless previously withdrawn, are open for acceptance for a period not exceeding 30 days.
3. All Quotations may be withdrawn without notice at any time prior to acceptance of Order.
4. All offers are made without engagement and no liability is accepted for loss, damage or delays caused by Government order, war, civil commotion, accidents, fires, strikes, or delay in obtaining materials or any other cause beyond our reasonable control.
5. All Orders are accepted on condition that any fluctuation in the cost of the materials and/or wages beyond our control may entail an adjustment in the selling price of such Orders as remains to be completed.
6. While all reasonable steps are taken to deliver goods within the delivery period no responsibility is accepted by us for failure to do so. We reserve the right to deliver in more than one shipment at our discretion.
7. Goods of our manufacture are covered under the terms of our standard Warranty, copies of which are available upon request. Save as expressly stated therein no liability shall be accepted by us for any loss or damage or injury arising directly or indirectly in connection with goods supplied by us or their use. However, nothing in these Conditions shall be deemed to exclude liability for death or personal injury caused by our negligence, nor, to the extent of any mandatory requirement of Scots Law, for damage to tangible personal property of customer or its employees caused by our negligence. No warranty attaches to any goods supplied by us to which repairs, modifications or attachments have been made other than by our Engineers or Service Personnel.
8. In respect of goods supplied by us which are (a) not of our manufacture or (b) non-standard, i.e. specially developed, produced or constructed, we do not warrant that their design or use will not infringe existing patent or other protective rights anywhere in the world and shall be under no liability in respect of such infringement.
9. We do not accept liability in respect of failure to deliver or perform or delay in delivering or performing under an Order or Contract due to any cause outside our reasonable control including but not limited to causes arising from the acts or omissions of the Customer.
10. Customer's goods and materials are accepted for processing by us at Customer’s own risk. Every reasonable care and precaution will be taken with such goods or materials.
11. Recommendations, technical data or advice relating to goods supplied by us or to their use are given in good faith, but without liability for any loss, damage or injury arising directly or indirectly from any errors or omissions therein.
12. Risk in the goods ordered shall pass to Customer upon despatch ex works, but title to the goods shall remain with us until payment in full is received by us. Customer agrees to allow access to his premises during business hours should we require to collect our property from him in this respect.
13. In the event of a delay in payment beyond any agreed credit term we reserve the right to levy an additional interest charge on the outstanding sum owing of 8% above The Bank of England base rate, without prejudice however to our legal rights in respect of any such breach of the agreed terms.
14. To the extent that any provision herein may be rendered void by prevailing mandatory National or Regional Legislation or Treaty, such provision shall be deemed deleted and these Conditions of Sale shall remain effective to the extent permitted. In the event of any conflict between these Conditions of Sale and any conditions stated by others, these Conditions of Sale shall prevail.
15. Any changes in these Conditions of Sale may only be made with the express, written authority of our Managing Director.
16. All Orders accepted, Contracts undertaken and Supplies made shall be governed by and construed in accordance with the Laws of Scotland.