Smart Process & Control LTD - GENERAL TERMS & CONDITION OF SALE
1. GENERAL. Smart Process & Control LTD is pleased to accept orders subject to the Terms and Conditions of sale as stated below. Unless expressly agreed in writing (for example in the case of a tender), any alteration to these conditions will not apply. In these terms, “you”, “your” and the “customer” as appropriate refer to the buyer, and “us”, “our”, “we” and the “company” refer to the seller, Smart Process & control LTD. The “contract” means the contract between persons or a company whose order is accepted by the company. These terms and conditions of sale shall be governed by English Law.
2. QUOTATIONS. Our quotations remain valid for 30 working days from the date of issue. Quotations are for the sole use of the addressee, and we reserve the right to withdraw a quotation without notice.
3. DELIVERY AND COLLECTION OF GOODS. In normal circumstances: a. We will attempt to deliver an order within the agreed period, but we cannot be held liable for any loss to you caused by late delivery. If for any reason we cannot achieve our delivery target, we will notify you accordingly and confirm this does not fall into breach of contract. b. Goods will be delivered to the delivery address supplied to us by you. By supplying an address, you are considered to have given authority to accept a delivery on your behalf to any person who received the delivery on your behalf, at the given address. c. If we or the goods carrier cannot deliver to the delivery address then we may either store the goods and deliver at a later date, or return the goods to stock and charge you for a second delivery charge if applicable. d. If we deliver in instalments to you, then each instalment is a separate contract. If payment in full is not made to us at the proper time, we may hold or cancel delivery of any other of your orders or part orders, which are still to be delivered. e. Our price lists exclude delivery or transport charges, insurance and taxes. Delivery charges will apply, unless by prior agreement.
4. PRICES. All prices quoted are exclusive of Value Added Tax, (VAT). VAT will be added to all relevant invoices at the rate applicable on the tax point date. Every effort will be made to adhere to prices published in £ Sterling but we reserve the right to change prices without notice and at any time. Prices of imported goods may be subject to a currency exchange fluctuation.
5.PAYMENT. Unless otherwise agreed in writing by a director of Smart Process & Control LTD, invoices must be paid within the time period agreed on the credit application form / credit account form. Accounts will be placed on stop after this date. If you have not paid in full by this date then: - a. We will be entitled to charge you interest at 8% above the National Westminster Bank base lending rate, compounded daily, on the amount outstanding until it has been paid in full. b. You will be liable for all costs incurred in collecting the debt, whether or not title has passed to you. c. We reserve the right to reduce any credit limit without prior notice.
6. SHORTAGES, DAMAGES, DISCREPANICES AND LOSS IN TRANSIT. Shortages, damaged goods, and discrepancies must be notified to us in writing within 7 working days of delivery. Goods lost in transit must be notified within 7 days from date of invoice. Risk or damage to or Loss of Goods will pass to the customer when signed for on receipt from the appointed courier / when proof of delivery is provided by the courier.
7. PROOF OF DELIVERY. Proof of delivery will only be provided against request in writing. An administration charge of £12.00 will be made for any request received after 30 days from date of invoice.
8. RETURNS. Goods cannot be returned unless clearly displaying a Returns Merchandise Authorisation number (RMA number). Returns not clearly showing this will not be accepted. Customers wishing to return goods for any reason must firstly contact our Customer Services Department to obtain a RMA number and authority, which will be provided once we are satisfied the Return is valid. The issue of a return number is not an agreement to a credit or refund. Once the goods are received by us, we will test any goods that are identified by you as faulty, and report back to you accordingly. You will receive a full credit or refund for goods that are identified as a manufacturers fault as long as the goods are inside the 12 month warranty period. Warranty period starts from date of invoice. Returns to us for non-faulty goods will be reported back to you upon receipt. We reserve the right to charge a restocking/handling/admin fee of 10% of the value of the goods if returned within the 14 day return period (14 days from date of invoice) or 25% if returned after this period, with a minimum charge of £25.00. The above paragraph does not affect any of the product guarantees which we offer. GOODS MUST BE RETURNED IN THEIR ORIGINAL UNMARKED PACKAGING. Goods not returned to us in original packaging will not be liable for any type of credit or refund. Cancellation or partial cancellation of orders for non-standard, special build items can only be cancelled by prior negotiation and agreement to indentify the company against “loss of expense”
9. REFUNDS. If an order is cancelled and a refund is requested before goods are dispatched, we reserve the right to charge a 10% fee to cover admin processes and bank charges deducted from the original transaction unless agreed otherwise.
10. CATALOGUES AND BROCHURES. All descriptions and illustrations of goods in any catalogue, brochure, price list, user manual, datasheet, or in any other document provided by us are intended for general guidance only, and do not form part of any contract between you and us. We accept no liability for any error or omission in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such information.
11. FORCE MAJEURE. We reserve the right to cancel an order or suspend or delay delivery without being liable for any loss or damage caused by any reason beyond our control.
12. YOUR BANKRUPTCY OR DEFAULT. If you fail to honour or breach any of your obligations to us under this contract, or any distress or execution is levied upon you, or you offer to make an arrangement with your creditors or commit any act of bankruptcy or a petition of bankruptcy is presented to you, or in the case of a limited company a petition to wind up such a company is passed or presented, we will have the immediate right to cancel in writing any contract we currently have with you WITHOUT PREJUDICE to any claim or right we may otherwise have.
13. RETENTION OF TITLE. The ownership of all goods supplied, will remain the property of Smart Process & Control LTD until such time as full payment has been received. In the event of any outstanding payment being overdue by 28 days, we reserve the right to commence recovery procedures. You will also be liable for any cost against us in the process.
14. LIABILITY. The Company shall not be liable for any damage, loss of expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to negligence of the company, its employees, agents or subcontractors. These conditions of sale set out the entire liability of the company to the customer in receipt of the goods and shall be in lieu and to the exclusion of all other warranties, conditions and any other terms implied by statute or common law save for any implied terms which by common law cannot be excluded. Nothing in these conditions of sale excludes or limits the liability of the company for death or personal injury caused by the company’s negligence or fraudulent misrepresentation. The company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to repairing, replacing or at the company’s option refunding monies already paid in respect of the goods. The company should not be liable to the customer for any indirect or consequential loss or damage (where for loss or profit, loss of business, depletion of goodwill or otherwise) costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of the company, its employee, agents or subcontractors) which arise out of or in conjunction with any contract. This also includes damages, loss of expenses, loss of profit, depletion of goodwill or otherwise, cost, espensive or other claims due to the failure of any products. As above, if any products fail, become faulty or damaged, it will be at the companies descrection to either replace the prodcuts, return monies paid in respect of the specific faulty product(s) or repair the products upon return. Returns must be authorised as per section 8 of these terms.
15. CONFIRMATION OF TERMS & CONDITIONS. By placing an order with the company, whether it is via an official Purchase Order, email, phone (verbal), the website, walk in, or any other form, you are hearby agreeing to the above terms and conditions stated in this contract.