All quotations and orders received are subject to our standard terms and conditions.
Acceptance of this tender (or offer) includes the acceptance of the following terms and conditions. No order is accepted with conditions attached other than those set out herein, unless previously or subsequently agreed in writing.
No work will be undertaken until we receive your official written order and deposit payment (if applicable) with full information of your requirements.
Unless previously withdrawn, our tender (or offer) is open for acceptance within the period stated therein, or when no period is stated, within 30 days only after its date.
The acceptance of our tender (or offer) must be accompanied by sufficient information to enable us to proceed with the order forthwith, otherwise we shall be at liberty to amend the tender (or offer) prices to cover any increase in cost which has taken place after acceptance.
LIMITS OF CONTRACT
Our tender (or offer) includes only goods, accessories and work specified therein.
Drawings, descriptive matter, weights and dimensions submitted with this tender (or offer) are intended to represent a general idea of the goods and equipment described and is not necessarily correct in detail and none of these shall form part of the contract.
A single set of operating instructions and maintenance procedures are included with the equipment, should additional copies be requested an additional cost of £75.00 per set will be charged.
HEALTH AND SAFETY / ENVIRONMENTAL
Industrial Spray Solutions Ltd complies with all known current health and safety and environmental requirements, including: HSG178 Spraying of Flammable Liquids, 1990 Environmental Protection Act, and the 2005 Noise at Work Regulations.
The delivery time stated will commence from the time we receive your written order and deposit payment to proceed. The delivery time is stated in good faith and every possible endeavour will be made to keep to the given time, but failure to comply shall not carry any penalty unless specifically agreed in writing. In all cases, whether a time for delivery or completion has been quoted or not, the time for delivery or completion shall be extended by a reasonable period if delay in delivery or completion is caused by instructions, or lack of instructions from you, or by industrial dispute or by any cause whatsoever beyond our reasonable control.
Unless otherwise specified in our tender (or offer) all packing cases and other packing materials are to be disposed of by the client.
OFFLOADING, SITING AND INSTALLATION
Unless otherwise specified on our tender (or offer), we shall not be responsible for offloading, siting, installation and commissioning; and these services, if required, will be charged for as an extra.
LOSSES OR DAMAGE IN TRANSIT
In those cases where we have arranged transport we will repair or, at our option, replace free of charge, goods lost or damaged in transit providing we are given written notification within such a time as will enable us to comply with the carrier’s conditions of transport, but, unless otherwise agreed in writing, our liability only extends to cover damage to the point of offloading at the consignee’s works. In those cases where the consignee arranges his own transport he should ensure he is adequately insured to meet the cost arising from the damage in transit.
Any erection work included in our tender (or offer) is exclusive of all builders’, plumbers’, joiners’, welders’ or electricians’ work unless otherwise agreed in writing.
Should we incur extra cost owing to suspension of work by your instructions or lack of instructions, interruptions, delays, overtime, unusual hours, mistakes or for work for which we are not responsible, such extra cost, as well as the cost incurred by keeping our men on site as a result thereof, shall be added to the contract price and paid for accordingly.
The prices quoted are those ruling at the date of the tender (or offer) but we reserve the right to increase such prices to cover any increase in wages or materials which may occur before the execution of the contract; this also applies to prices quoted in respect of carriage, offloading, siting, installation and commissioning. Unless otherwise specified, all prices quoted are ex-works, carriage, postage or special packing will be charged for extra. All prices quoted exclude VAT which will be charged at the prevailing rate.
We undertake to repair or replace any part, which may, within twelve calendar months from the date of installation or delivery, prove defective due to faulty workmanship or material (fair wear and tear excluded). We shall not be held responsible for direct or consequential damages arising from the above-mentioned defects, for damage due to negligence, overloading or any misuse or improper handling by the purchaser or their employees. Unless otherwise stated in our tender (or offer), it is assumed that the plant and equipment will not be required to work more than 12 hours continuous running. Any statements made by us as to the fitness of any products, including their application, is given in good faith and based upon past usage and manufacturers’ recommendations. Parts not of our manufacture are subject to the warranty of their makers only.
Unless otherwise stated in writing, the Contract shall, in all respects, be constructed and operate as an English contract and in conformity with English law.
The title in the goods will remain with Industrial Spray Solutions Ltd and shall not pass to the buyer until the price of the goods and of any other goods delivered to the buyer by the seller is paid. Until such a time as the goods are paid for they shall be kept by the buyer at the premises in such a way that they are clearly identifiable as the goods of the seller and shall be held by the buyer as bailee. In the event of the buyer failing to pay for the goods then all such goods of the seller not paid for shall be handed over to the seller on demand and the seller is hereby granted a license to enter into the buyer’s premises for the purpose of recovering such property. Without prejudice to the generality of the foregoing, if said goods are sold by the buyer then the seller’s beneficial interests shall attach to any proceeds of such sale and the buyer shall forthwith hand over to the seller any proceeds of such sale and the seller shall be entitled to call upon the buyer to assign all claims that the buyer may have in respect of such sale.
The company shall be entitled to appoint one or more sub-contractors to carry out all or any of its obligations.
The company shall be under no liability for any delays, loss or damage caused wholly or in part by war, civil commotion, act of God or by any act done or not done pursuant to a trade dispute, whether such dispute involved the company’s servants or not.
All services required for the equipment i.e. mains electricity, compressed air, are to be made available free of charge when required to enable the installation to be carried out in one continuous operation. We exclude all building, joinery and masonry work e.g. making or sealing holes in roof or wall for ducting. We assume that a clear and ready-prepared site will be available with electricity and, if applicable, air supply within 3 metres of the equipment requirements. Whilst all reasonable precautions will be taken we will not be responsible for the making good of decoration. If, for any reason of any delay by the purchaser or any other contractor employed by him in making available to us the foregoing services the costs of carrying out the work are increased thereby, such costs shall be added to the contract price and paid by the purchaser.
Cancellation will only be accepted by the company on condition that all costs and expenses incurred by the company up to the time of cancellation and all loss of profits and other loss or damage resulting to the company by reason of such cancellation will be reimbursed by the purchaser to the company forthwith.
In the interest of the Purchaser, all verbal orders must be confirmed in writing.
STANDARD OF COATING ATTAINED
No responsibility is accepted for unsatisfactory results due to use of coating materials not recommended in writing or whose composition or quality when supplied is different from that tested when giving its recommendation. The standard of coating attained depends of many factors including preparation and presentation of the product to be coated, filtration of coating materials, maintenance, general cleanliness and operator skills.
DELAYS BY PURCHASER
Unless otherwise agreed, if the Purchaser is unable to take delivery of materials ordered or arrange their shipment within 14 days of their availability, payment shall be made as if delivery had been effected and, in addition, reasonable storage charges for any period exceeding 14 days shall be paid.