In these conditions the “Company” means
Hazardous Area Protection Ltd. trading as Ex-equipment.com, Tektron or any other
trade name which may he registered to the Company or any subsidiary company.
In these conditions the “Customer” means any
person or Company who places an order for goods or services with the company or
with whom any contract for the rendering of services or the supply of goods is
All orders placed, contracts concluded with
the Company and all business undertaken by the Company are subject to these
conditions. All other items and conditions are hereby expressly excluded whether
contained in enquiry documents or request for quotation forms or forms of
tender. Variations to these standard conditions can only be made in writing and
must be signed by a director of the Company. In the event of a variation being
agreed, the remaining unaltered conditions herein still apply.
No quotation submitted by the Company shall
constitute an offer and all quotations may be withdrawn at any time. Prices
quoted are generally valid for a period of 30 days but the Company reserves the
right to alter any prices quoted to those valid at the time of dispatch or
completion of the order.
Packing, carriage, VAT and insurance costs
are not included in any prices quoted and shall be charged at cost in addition
to prices quoted for goods supplied. The specification for the packaging of
goods supplied shall be entirely at the discretion of the Company.
Delivery of goods will be made to the
Customer’s address as shown on the purchase order. The risk for the goods will
pass to the Customer immediately on delivery and should be insured accordingly.
Any person executing any delivery note provided by the Company in relation to
the goods for the Customer shall be taken in good faith by the Company to be the
authorised signatory of the Customer whether the signatory be authorised or not.
Execution of the delivery note in the manner described shall be taken to be
conclusive proof that the goods were delivered to the Customer in good
If a delivery or completion schedule is
agreed, the Company will use its best endeavours to comply with same. The
Company shall not in any circumstances be liable for failure to do so. In
particular, and without prejudice to the generality of the foregoing, failure to
deliver the goods or complete the Services by the agreed date or dates will not
be accepted as sufficient cause for cancellation of the contract by the Customer
nor will the Company be liable arising from late delivery or completion for any
direct, indirect, actual or consequential loss, injury or damage whether
pecuniary, financial or otherwise, suffered by the Customer or any other person,
firm or company.
The property in the goods supplied by the
Company to the Customer shall remain the property of the Company until all debts
due by the Customer to the Company in respect of such goods and related services
have been paid in full including all statutory taxes, levies, carriage and
insurance charges. Until property in the goods passes to the Customer, the
Customer shall (a) keep the goods as a trustee for the Company and shall ensure
that the same remain at all times separately identifiable as the property of the
Company (in the event of non payment for the goods at the time due, any employee
agent or contractor authorised by the Company shall be entitled to enter upon
any premises owned or occupied by the Customer, or to which the Customer has
delivered the goods, for the purposes of removing same (b) keep the goods fully
insured and any monies received by the Customer on foot of any insurance policy
in respect of any damage, deterioration, loss or destruction of the goods shall
be held on trust for the Company.
The goods or services must be paid for in
full without deduction of disputed amounts or counter claims by the last day of
the month of invoice unless otherwise agreed in writing. The Company shall be
entitled to charge interest at 2% per month or part thereof on any sums
outstanding; if only part of an order shall be supplied, the terms of payment
shall apply to the goods actually delivered or services completed
notwithstanding the shortfall. The Company shall be entitled to invoice the
goods on the date which same are ready for delivery even though it agrees to
postpone the date for delivery at the request of the Customer.
The liability of the Company is limited to
the repair or replacement of goods supplied showing defects arising solely from
faulty materials and/or workmanship. The liability for goods supplied is for a
maximum period of one year from the date of dispatch from the company’s
premises. The company shall not be liable for consequential losses or damages or
injuries to persons or property resulting from the sale, installation,
application or use of any goods or services supplied by the company. The company
shall have no liability whatsoever in respect of any items supplied by the
purchaser for incorporating into assemblies made up by the Company or for
assemblies or systems made by the Customer from goods supplied by the Company.
Cancellation of all or part of an order will
not be permitted except by written agreement signed by a director of the
Company. Any such agreement may be subject to a cancellation/re-stocking charge.
Customers may apply for a
Credit Account having dealt with us
successfully over a period of time. Certain Products may sometimes be supplied
on a Sale-Or-Return basis.