Terms & Conditions
1.1 Subject to any special conditions, alterations or variations agreed in writing by a director of the company, these conditions only, shall apply to and govern all sales and supply of goods and all other written, printed or standard terms are hereby excluded.
1.2 All orders based upon our quotation is only officially accepted by us when our Acknowledgement of Order is issued and any machine or product is offered subject to being unsold when the order is received.
1.3 Quotations shall only be available for acceptance for a period of 30 days from the date thereof and may be withdrawn by the company within the said period in writing or oral notice.
1.4 All orders are accepted only:
1.4.1 Upon the terms and condition set out herein.
1.4.2 Accompanied by sufficient information to enable us to proceed with the order forthwith. If any changes are applicable to the order after the Acknowledgement of Order, then the company reserves the right to submit a new quotation.
1.4.3 Of not less than GBP £25.00p net.
2. Delivery and Delay
2.1 Time for delivery is given as accurately as possible but is not guaranteed. The customer shall have no right to damages or to cancel the order for failure for any cause to meet the delivery time stated.
2.2 Date of delivery shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals being obtained from the customer. Any alteration to the specification or quantities required may result in an alteration to the delivery.
2.3 The company will endeavour to comply with any reasonable requests by the customer for postponement of delivery but shall be under no obligation to do so. Where delivery is postponed otherwise than due to default by the Company, the Customer shall pay all costs and expenses including a reasonable charge for storage and transportation occasioned thereby.
3. Risk and Title
3.1 Risk shall pass to the Customer when the goods or the relevant part thereof leaves the premises of the Company for delivery to the Customer even withstanding that the Company may have arranged the delivery.
3.2 Title of the goods shall not pass to the Customer until:
3.3 The Customer has paid in full all sums due and payable
3.4 The company has served notice to the customer in writing to that effect.
3.5 The company may recover goods if the title has not passed to the customer at any time and the company hereby licences the seller, its servant or agent to enter upon any premises of the buyer to confirm that condition 3 is observed by the buyer or recovering any goods that have not passed as property to the buyer.
3.6 Until title of goods is passed to the buyer it shall possess the goods as a Bailee of the seller and shall if so required by the seller store the goods in good order duly marked as the property of the seller.
3.7 If the goods are sold on in an unaltered state before property in them has passed to the buyer, the buyer shall none the less be at liberty to pass a goods title to a sub-purchaser but the proceeds of sale shall belong entirely to the seller.
3.8 If the goods sold to the buyer are converted or made by a manufacturing process into new goods and these goods are sold to a sub-purchaser before payment in full is made, then the proceeds of that sale shall belong to the Company.
Cancellation will only be agreed to by the company on condition that all costs and expenses incurred by the company up to the time of the cancellation and all loss of profits and any other loss or damage resulting to the company by reason of such cancellation will be reimbursed by the customer to the company.
5.1 All prices are quoted net ex-works and are subject to fluctuation in any event such as the cost of labour increase due to local or National awards or increases in the cost of materials and overheads. Any increases in any of these costs will be added to the quoted price if occurred during the period of production.
5.2 In the event of a Customer requiring an alteration to the specification or design of any product the company will be entitled to make adjustments to the contract or order final price.
5.3 The cost of packaging and carriage if required by the customer shall unless otherwise stated on the contract or order be charged extra.
6. Terms of Payment
6.1 Unless otherwise agreed by the Company in writing, payment without any cash discount or other deduction whatsoever shall be made prior to shipment of the goods or instalments of the goods are despatched or would have been despatched save for postponement otherwise than due to default on the part of the Company.
6.2 No disputes arising under the contract nor delays beyond the control of the Company shall interfere with prompt payment by the Customer.
6.3 In the event of default in payment by the customer in accordance with agreed terms the company shall be entitled without prejudice to any other right or remedy to suspend all further deliveries and to charge interest on any amount outstanding at the rate of 2% per annum above the Lloyds Bank Plc base rate in force at the relevant time.
6.4 For exports incoterms 2010 EXW Ex-Works apply in all cases unless agreed in writing with the Company.
7. Test Certificates
The company shall not be obliged to produce test certificates or safety critical certificates unless requested by the Purchaser and accepted by the Company in writing.
8. Shortages and Defects Apparent on Inspection
8.1 The customer shall have no right or claim for shortages or defects apparent on inspection unless:
8.1.1 The customer inspects the goods within a day of arrival at its premises or the premises of such other person, firm or c ompany to
which the goods are directed by the customer to be sent the company or its suppliers
8.1.2 A written complaint is made to the company within 5 days of receipt of the goods or a shorter period as the carrier’s conditions (if
applicable) require specifying the shortage or defect.
8.1.3 The company is given the opportunity to inspect the goods and investigate any complaint before any use is made of the goods.
If a complaint is not made to the company as herein provided, then the goods shall be deemed to be in all aspects in accordance
with the contract and the customer shall be bound to the contract and the customer shall be bound to pay for the goods accordingly.
8.2 Whether or not the company arranges the delivery the company is in no way responsible for delivery of the goods and is no way liable for claims for loss or damage in transit which must be made by the customer against the carrier in accordance with the carrier’s conditions
9.1 Products manufactured and supplied by Meddings Thermalec Ltd, are guaranteed against material or manufacturing faults for the duration of the guarantee period (Manufacturer’s Guarantee), subject to the following terms and conditions:
9.2 The product must be correctly installed and commissioned in accordance with the installation instructions for your product.
9.3 The guarantee period will commence from date of dispatch, unless the installation is made more than three months from the date on which the product was dispatched by us, in which case the guarantee period will commence three months from the date of Manufacture.
9.4 Once installed the product must not be moved unless authorisation has been provided by us in writing for you to do so.
9.5 During the guarantee period any product or component which is proved to be faulty or defective in manufacture, will be repaired or replaced free of material and labour charges, providing the machine or product is returned to our manufacturing facility at Ivybridge, Devon.
9.6 We will not accept or reimburse the costs of any third party who undertakes any work carried on the product or fits parts, unless we have approved such work in advance of it being carried out.
9.7 The guarantee period will not be extended even if we repair or replace any product or part.
9.8 If we replace any component or product, the part or product removed will become our property.
9.9 Any claim made under the terms and conditions of this guarantee must be made within the guarantee period.
9.10 The Manufacturer’s Guarantee does not apply to:
9.10.1 Consumables as specified by us, including but not limited to: Belts, fuses, etc.
9.10.2 Bought out components and propriety items such as elements, timers etc. will be covered by any rights and benefits given to us
by the manufacturers of such items
9.10.3 Damage caused by faulty installation, theft, tampering, neglect, misuse, accident, fire, flood, explosion, lightning, storms, frost or
other bad weather conditions;
9.10.4 Damage caused by the non-observance of the manufacturer’s user instructions;
9.10.5 Damage to the system as a result of scale;
9.10.6 Damage as a result of sludge or blockages;
9.10.7 Any unauthorised adjustments made to the product by a third party;
9.10.8 Any upgrading/improvement work required as a result of legislation, (Health & Safety or otherwise) or to meet current standards;
10.1 Save where the company is shown to have failed to exercise reasonable care in the manufacture and supply of the goods, the company shall not be liable in any circumstances in respect of death or personal injury and under no circumstances whatsoever shall the company be liable for consequential loss of profits or damage to property.
10.2 The company’s liability whether in respect of one claim or the aggregate of various claims other than the claims for death or personal injury due to negligence on the part of the company shall not exceed the purchase price payable by the company under the contract and the customer agrees to insure adequately to cover such claims in excess of such amounts.
11. Confidential Information
All drawings, documents and other information supplied by the company are supplied on the express understanding that the copyright is reserved to the company and that the customer will not without the written consent of the company.
11.1 give away, loan, exhibit or sell any drawings or extracts therefrom or copies thereof
11.2 use them in any way except in connection with the components for which they are issued.
12. Data and Technical Information
The information contained in the advertising sales and technical literature issued by the company may be relied on to be accurate in the exact circumstances in which it is expressed, otherwise any illustrations, performance details, examples of installations and methods of assembly and all other technical data in such literature are based on experience and from trials under test conditions. Accordingly the information contained in the company’s publications is provided for general guidance only and forms no part of the contract unless expressly agreed in writing. Customers should obtain specific recommendations and advice from the company regarding the uses and attributes of the company’s products.
If the customer shall become bankrupt or insolvent or compound with creditors or proceedings are commenced for the liquidation of the company (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or if a Receiver or Manager is appointed of all or part of its assets or undertaking the company shall be entitled to cancel the contract in whole or part by notice in writing without prejudice to any right of remedy accrued or accruing to the company.
14. Force Majeure
Neither party shall be under liability for the delay, loss or damage caused wholly or in part by Act of God, governmental restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves its servants or not or by reason of any other act, matter or thing beyond its reasonable control of the company.
The contract shall be governed and interpreted exclusively according to the law of England and shall be subject to the jurisdiction of the English Courts only.