Flintshire Crane Hire Limited
Limited General Conditions of Hire, Sale & Supply
1. General
We only sell or supply goods or services on these conditions, which in case of conflict shall override any terms and conditions imposed by you and which can only be varied by writing signed by our duly authorised representative. Each sale contract between you and ourselves as the supplying company is referred to below as “the contract”.
2. Acceptance
(i) Our quotations and estimates are without commitment and an order is not binding on us unless (expressly or impliedly) we accept it in writing by sending the Purchaser a written Order Acknowledgement from us confirming date of delivery on the contract (ii) Cancelled or Delayed contracts through no fault of ourselves will still be due for payment on the agreed date in the Order Acknowledgement document.
3. Prices
(i) Unless we agree otherwise in writing, our prices are quoted ex-works for UK sales and FOB UK Port for international sales and any further packing, loading, carriage and insurance charges are accordingly payable in addition. We shall be free to increase quoted prices (whether accepted or not) to cover variations in costs to us of materials, manufacture, currency market fluctuations, carriage and insurance when variations in such costs arise between the date of quotation and the date of completion of the contract. Prices are exclusive of value added tax.
(ii) You shall be exclusively responsible for all customer duties and other costs of importation and for obtaining all licences relevant to the sale and delivery of and payment for the goods (deliveries being subject to you’re obtaining all such licences).
(iii) We reserve the right to charge (at our current rates) in addition to the contract price for all work or goods supplied or costs incurred by us which are additional to the contract specification. While we will endeavour to advise you in advance, you will be deemed to have authorised all such additions as we may consider to be appropriate and in your interests.
4. Payment
(i) Unless we stipulate otherwise in writing our terms are that payment is made to us in full prior to delivery in sterling at our head office in Alltami. (ii) We reserve the right at any time to charge interest on a day to day basis (at a monthly rate of 2%) from the due date on late payments and as well as after as before any court judgement. (iii) In default of payment on the due date stated above the matter will be referred to our debt collection agency. All collection fees and costs incurred as a result including a 15% plus vat collection fee, together with any necessary legal costs ad disbursements will be the responsibility of and recoverable from the purchaser / hirer. (iv) We reserve a lien on all your property or money in our possession for all amounts due or securing on any account; we may sell property which is subject to lien if payment of any overdue amounts is not made 30days past the due date and will apply the proceeds to discharge the lien and sale expenses.
5. Performance
(i) Although we shall endeavour (subject to 5.2 below) to meet your delivery or completion requirements we shall be under no obligation to deliver goods or supply services by any specified date. Delivery and completion dates quoted by us or included in the contract are given in good faith but are estimates only without engagement.
(ii) We may suspend or cancel the whole or part of the contract if by reason of circumstances beyond our control (including, but without limitation, labour dispute, damage to or loss or failure of machinery, supply restriction, accident, hostilities, act of God, Government control, adverse weather and shortage of carriage or shipping facilities) either we are prevented or hindered from performing our obligations or performance of those obligations is to a substantial degree rendered difficult. If we exercise our right of suspension, you may within 7days cancel any remaining part of the contract conditionally on your paying expenses incurred to date and our fair charges. We shall have no liability for any such suspension; and on any such cancellation, whether by us or by you, our liability (if any) is limited to repayment of any part of the price received less our fair charges and any expenses already incurred by us.
(iii) Part deliveries (in accordance with the contract or with reasonable justification, as a departure from the contract) shall be deemed to represent separate contracts.
(iv) Without prejudice to any other right we may have we shall be entitled to charge for abortive delivery costs, storage and associated costs should you be unavailable for or refuse or defer delivery
(v) We do not supply goods or undertake work on approval and goods are not returnable except with our express written agreement
6. Title & Risk
(i) Title to goods supplied by us remains vested in us until the purchase price and all other monies owing by you in relation to those goods or the price (whether or not due) are paid in full.
(ii) In addition and without prejudice to 6(i) above title to goods supplied by us remains vested in us until such times as there are no monies owing by you to us on any account (whether or not due).
(iii) Pending title passing such goods shall be kept separate and insured to their full value by you and in all respects held by you as bailee for us. We shall be entitled at any time to inspect and / or repossess our goods and you will allow and procure for us any necessary access thereafter.
(iv) In the case of goods intended by you (at the time of your order) for resale in the normal course of your trading you shall, notwithstanding that the goods have remained our property, have liberty (for so long as we shall not have repossessed or given notice of our intention to repossess the goods and as no event conferring a right of termination under 13 below shall have occurred) to sell such goods on a disposal in good faith for full value in the normal course of such trading on condition you make the purchaser aware of he retention of title by this company to the goods until fully paid for and that purchaser purchases the goods with full knowledge of these clauses and conditions. Title will then pass to you in accordance with 6(i) hereof whereupon you are at liberty to pass title to the end purchaser. In the case of other goods you shall while the goods remain our property not dispose or permit any disposal of them.
(v) Where property in such goods has not passed we may nevertheless maintain an action against you for the purchase price and all other monies owing by you in relation to the goods notwithstanding Section 49 Sale of Goods Act 1979. (vi) The risk of any loss, deterioration or damage shall nevertheless be borne by you from the moment of appropriation of goods to the contract except to such extent (if any) as we may have the benefit of insurance against such risk.
(vii) If we store, transport or work on any goods or other property (including goods about to be delivered by us or goods intended for incorporation in or use on contract goods or services) belonging to you or any third party we do so (and they are packed and carried) at your sole risk and (except as provided in these conditions) we shall have no liability to you or to any other party for loss, deterioration or damage to such goods or other property howsoever arising and whether by negligence or otherwise.
(viii) In case where we make a contract of carriage and / or arrange for insurance of goods in transit we shall be deemed to be acting as your agent and sub-sections(ii) and (iii) of Section 32 Sale of Goods Act 1979 shall not apply.
7. Claims
(i) In the event of non-delivery, damage to or deterioration of goods in transit within the United Kingdom you shall inform us in writing in the case of non-delivery within 14days of the date of your receiving notice of despatch and in the case of damage or deterioration in transit within three days of receipt (or in either case such shorter period, known to or reasonably discoverable by you, as the carrier may lawfully require as a condition of its liability) and we will endeavour to claim compensation on your behalf from the carrier.
(ii)Any claim in connection with non-delivery, deterioration of or damage to goods or other property whether in transit or otherwise not notified in writing to us within the appropriate above stipulated period (or, in any other case, within 30days of the damage or other loss the subject matter of the claim first becoming in whole or in parts apparent or discoverable on reasonable enquiry or examination) shall be deemed to have waived.
(iii) Receipt, acknowledgement and investigation by us of a claim does not imply admission by us of any liability in respect of the claim.
8. Outside Work
Where we undertake work or provide labour (which we may sub-contract) at your works or elsewhere (not in our exclusive occupation) you shall indemnify us against all liability (including without limitation in respect of employee or other third party claims) arising directly or indirectly from defects in or unsuitability of the works or site or of apparatus or plant (other than that provided by us) or from negligence or breach of statutory duty on your part or that of your employees or any other third party (other than our own employees) and howsoever arising.
9. Specification
(i) Except where we specifically otherwise agree in writing, the selection and choice of our goods or services and (except as to compliance with specific technical specifications contained in our current literature) the assessment of our goods’ suitability and fitness for your purpose is your sole responsibility.
(ii) Any specifications, formulations, data, literature and statements as to dimension, suitability, performance or otherwise, issued and descriptions and samples given, by us in connection with our goods or services are offered in good faith but are intended to approximate only, are not warranted and shall be deemed not to constitute representation.
(iii) Goods are supplied on condition that you undertake at all times to take and comply with (and to draw to third parties’ attention and require them to take and comply with) all instructions and recommendations issued with or contained on or relating to the goods or our relevant data sheets, and all reasonable and prudent precautions, as to installation, use, maintenance, cleaning and otherwise.
(iv)Pursuant to our policy of continuous improvements, we reserve the right without notice and without affecting the validity of the contract, to make such changes in materials. Dimensions and design as we think reasonable or desirable in all the circumstances having regard to your wishes.
(v) The copyright and all patent and other industrial property rights in our designs, data sheets, packaging and literature shall remain our property and no licence there under (except as to the use for which our goods or services are supplied) shall be implied.
(vi) Sections 13 to 15 (inclusive) Sale of Goods Act 1979 shall apply but (subject to 12(i) below) subject to the foregoing (and to 11(ii) below) and subject to any stipulation specifically made by us prior to the contract.
(vii) You shall not at any time alter or deface our name or any of our trademarks or juxtaposes with them any other mark likely to cause confusion or use them or any mark likely to cause confusion either on or in connection with any services or any goods other than our goods in he form supplied by us or as, part of, any name or trading style.
10. Installation, Maintenance and testing
(i) Where we undertake to install, maintain, repair or test any goods shall you bear the cost (which shall include any travel and subsistence costs of our employees and agents) and provide (at your own expense) all relevant information and such facilities as we may require.
(ii) You shall be responsible for compliance with all statutory requirements and third party rights in connection with the sitting, installation, erection and use by us of goods, or the provision by us services, to your order and shall indemnify us accordingly.
11. Warranties
(i) We warrant (subject to limitations set our in 11(ii) and 12 below) that if goods of our own manufacture (but excluding constituent parts of our suppliers or subcontractors) or services provided by us prove under normal conditions not to be free from defects in workmanship and if the conditions set out below are each satisfied we shall (at our election) repair or replace free of charge any goods (or the relevant constituents parts not being expendable items) or re-execute free of charge any such services which in any such case shall find upon examination (for which you will provide full facilities) to have been so defective. The said conditions (each of which must be fulfilled before any warranty claim shall arise) are:
(a) that the claim is not attributable to fair wear and tear or any fault or damage arising from impact, or modification, inappropriate use or treatment, incorrect handling or exposure to corrosive substances otherwise injurious to the goods or their constituent materials;
(b) that the clam is made by you as our original customer for your own benefit
(C) that the claim is notified (in detail) in writing to us within 30days of the date of discovery thereof and in any event within 26weeks (or such other warranty period expressly accepted by us in relation to the relevant goods or services) of delivery or (in the case of services) of practical completion;
(d) that our recommendations for installation, maintenance, use and follow-up in respect of our goods or services have been complied with.
(ii) Except where we specifically otherwise agree in writing, we offer no (and shall have no liability under any) warranty or condition (express or implied) in respect of goods, materials, or services of our suppliers or sub-contractors but we will if requested by you (and if we consider it appropriate and practical to do so) assist you to obtain the benefit of such warranties as are available from them in favour of first users of goods or services.
12. Limitations of Liabilities and Indemnity
(i) Nothing in these conditions shall apply to exclude or restrict any liability which under sub sections 2(i), 6(i), 6(ii) or 7(ii) of the Unfair Contract terms Act 1977 cannot in the relevant circumstances be excluded or restricted.
(ii) Subject to 12(i) above where loss or damage arises from breach of contract, negligence, misrepresentation or otherwise neither we nor our employees or agents (on whose behalf we contact for the purpose of this condition 12) shall be under any liability to you or to third parties for any loss or profit or consequential loss or damage however arising.
(iii) Without prejudice to 5(i) and 5(ii) above we shall in no circumstances be liable to you or to third parties for any loss or damage arising directly or indirectly from failure to perform or delay in performing any obligation by reason of circumstances beyond our control or from delay in delivery or completion.
(iv) You shall indemnify us and our employees and agents against all third party claims relating in any way to goods or services supplied by us or arising from breach of or negligence in connection with the contract to the extent that there are no proceeds of our public and protected liability insurances available (after meeting any liability to you covered thereby) to meet such claims.