Biomass Boiler Sales. Terms and Conditions.
Terms and conditions
All business undertaken by the Company is transacted subject to these conditions each of which shall be deemed to be incorporated in and to be a condition of any agreement between the Company and its customers. No agent, servant or employee of the Company has the Company's authority to alter or vary these conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2. Customer's Authority
Customers entering into transactions with the Company expressly warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who are or may become interested in the Company's goods or products whether in whole or part.
3. Withdrawal or Alteration of Quotations
All quotations are subject to withdrawal or alteration in whole or part by the Company at any time until the customer’s acceptance of or orders given upon them have been subsequently confirmed by the Company in writing.
4. Company's Agents and Suppliers
Any orders instructions and requests placed with or given to the Company may be in the absolute discretion of the Company be complied with by the Company itself by its own servants or agents or by the Company employing or instructing or entrusting others for whatever purpose on such conditions as such others may stipulate to perform part or all of such functions including the carriage or transportation of part or all of the goods or products whether complete or not and the customer agrees for himself his servants agents or nominees that any such conditions shall be binding upon him as if the customer had given direct instructions to or placed the order with any person as the Company may employ in transactions undertaken by the Company on behalf of its customer.
5. Price Variation
All prices quoted by the Company may be varied by it at any time to correspond with any variation in the prices or costs of materials which may occur at any time before delivery of the order to the customer is completed.
(a) Deliveries under contract may be suspended by the Company wholly or in part without liability during and for a reasonable time after lockouts combinations of work people bombardments aircraft damage military or civil disturbance riot fire flood breakdown accident or other cause whatsoever imposing upon the Company total or partial stoppage of the Company's works or the supply to the Company of materials or labour or involving partial or total restriction or suspension of the facilities for transport power light or other essential services usually available.
(b) All estimates given by the Company relating to the time or period
for delivery or otherwise are subject to any delays arising from any cause
referred to in sub paragraph (a) above. Such estimates are based on current
conditions as to labour and materials and any change in those conditions
causing delay shall not give rise to any claim against the Company.
(c) No responsibility will be accepted by the Company for loss or damage in transit of the goods unless the Company are notified within 3 days of receipt of the goods followed by a complete claim in writing within five days or in the case of non delivery unless the Company are notified in writing within 14 days of the date of dispatch.
7. Customer Specifications
The customer shall supply details of specifications in reasonable time to enable the Company to complete and deliver the goods within the specified period.
8. Descriptions and Illustrations
(a) Any descriptions illustrations weights dimensions or particulars of
performance capacity or output submitted by the Company are approximate only
and intended only as a general guide. They must not be taken as binding in
detail and the Company will not be liable for any error or omission.
(b) The Company reserves the right to vary the detail in any description illustration or catalogue or in any quotation provided by it without notice and further gives no warranties implied or otherwise that any goods or products are available for immediate transmission or delivery to a customer.
(c) Any drawing photographic material of any description catalogue literature leaflets blueprints quotations and all or any documents produced for the purpose of any works of any description to be performed by the Company shall remain the exclusive property of the Company and will be returned on demand and shall not be copied or otherwise reproduced without first obtaining the consent of the Company.
9. Warranties and Guarantees
All goods are sold subject to the manufacturers guarantee (if any)
insofar as the Company is able to pass on the benefit to the customer. Such
guarantees are given in lieu of and to the exclusion of all other conditions
warranties and guarantees and save as aforesaid the Company gives no
conditions warranties or guarantees in respect of any goods supplied by it
and accepts no responsibility for any injury loss or damage howsoever caused
by reason of any defect in such goods and all expressed or implied
conditions or warranties statutory or otherwise to quality or fitness for
any purpose or correspondence with description or sample or otherwise are
(a) Unless otherwise stipulated by the Company all accounts are strictly
net and must be paid in full in cash or by approved cheque or other method
on the due date.
(b) The Company shall be entitled
(i) to charge interest at the rate of 2% above Barclays Bank minimum lending rate for the time being should any account be overdue for a period of more than 30 days
(ii) to recover from the customer all legal and other costs and expenses incurred by the Company in respect of any action taken to recover monies due on such overdue accounts.
11. Passing of Property in Goods
The legal ownership in any goods or products delivered by the Company to
the customer or his servant, agent or nominee shall remain in the Company
(save as regards risk thereto) until all invoices statements or accounts of
the Company rendered by the Company to the customer or his servant, agent or
nominee have been discharged in full and in the event of default or delay in
payment howsoever arising the Company shall be entitled to demand the return
of the goods which shall be forthwith delivered to the Company. The customer
undertakes to insure the goods or products for the full marketable value and
further undertakes to ensure that the goods are not disposed of seized or
taken into the custody of any third party pending payment of such invoices
statements and accounts.
Should the customer re-sell the goods or products in the ordinary course of business prior to the passing of ownership he shall account to the Company for the proceeds of the re-sale. The customer further undertakes to indemnify the Company in respect of all costs expenses damages and claims of any description material to the recovery of the goods or products from the customer or any third party. Any goods or products delivered by the Company to the customer shall be kept separate and readily identifiable from goods of any other supplier pending full payment of all invoices statements or accounts but if such goods or products are reprocessed by the customer into any other form then the Company shall have a part share in any such goods up to the value of such unpaid invoices statements and accounts until the same shall have been paid. Until the customer shall have paid all monies due to the Company on any account in respect of any Order the Company shall be entitled to withhold delivery of any further goods to the customer.
All goods and products and documents relating to such goods or products shall be subject to a particular and general lien and right of detention for monies due either in respect of such goods or products or for any particular or general balance or other monies due from the customer to the Company. If any monies due to the Company are not paid within 1 calendar month after notice has been given to the customer that such goods are being retained they may be sold by auction or otherwise at the sole discretion of the Company and at the expense of the customer and the proceeds applied in or towards satisfaction of such indebtedness.
13. Customer Claims or Counterclaims
A claim or counterclaim by the customer against the Company in respect of one particular transaction shall not be made the reason for deferring payment or withholding payment of monies payable or liabilities incurred to the Company in respect of any other transaction.
14. Termination or Suspension of the Contract
(a) Destruction or Damage - If the goods are destroyed or damaged at any
time before dispatch the Company will be at liberty to terminate the
Contract without incurring any liability for any loss or damage resulting
from such cancellation.
(b) In the event of either -
(i) The Company being delayed in or prevented from making delivery due to act of God, force majeure, war, civil disturbance, requisitioning, statutory restrictions, import or export regulations, strike lock-out, trade dispute, difficulty in obtaining labour materials, breakdown of machinery, fire, accident or any other cause whatsoever beyond the Company's control, or
(ii) Non delivery by the Company's suppliers or damage to or destruction of the whole or part of the goods the Company shall be at liberty to cancel or suspend the contract without incurring any liability for any resultant loss or damage.
(c) Default of customer - If the customer shall default in any of his obligations to the Company or commits any breach of the terms of any contract entered into by the Company with the customer or any agent or nominee of the Company then the Company shall have the right to terminate without notice any agreements arrangements orders or obligations of any description and invoice the customer for any work performed and expense incurred including any loss of profit forthwith and the customer shall pay such invoice so rendered in accordance with the applicable clauses hereof.
(d) Bankruptcy and liquidation of customer - The Company shall also have the right to determine any agreement or order or other obligation whether contractual or not if the customer shall make or offer to make any agreement or composition with creditors commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented and made against the customer and if the customer is a limited company as defined by statute then if any resolution or petition to wind up (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if the Receiver of the customers undertaking property or assets or any part thereof shall be appointed the Company shall have the right of determination on the terms hereinbefore expressed.
15. Extent of Conditions
The foregoing terms and conditions supersede and exclude all general or special terms or conditions imposed or sought to be imposed by the customer at any time in relation to the contract.
Goods cannot be taken back without the Company's previous consent and should in all cases be accompanied or preceded by advice notes. To assist in avoiding loss or delay in transit goods should not be returned in cases consigned as "empty".
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
The information contained within this site is for guidance only and is based on information from third parties. Whilst we endeavour to ensure the information provided comes from reputable sources we cannot be held responsible for the accuracy of the information. No representation is made as to its accuracy or completeness and it is not intended to constitute professional or legal advice. No warranty is offered.
Website Terms and Conditions
(3) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
[(d) reproduce, duplicate, copy or otherwise exploit any material on our website for a commercial purpose;]
[(e) edit or otherwise modify any material on the website; or]
[(f) redistribute any material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]
(4) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
[You must not use our website to transmit or send unsolicited commercial communications.]
[You must not use our website for any purposes related to marketing without our express written consent.]
(5) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If [we provide you with / you generate] a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access our website[, unless you have that person's express permission to do so].
[We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.]
(6) User content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
(7) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(8) Limitations and exclusions of liability
[To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.]
[We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.]
[We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.]
[We will not be liable to you in respect of any loss or corruption of any data, database or software.]
[We will not be liable to you in respect of any special, indirect or consequential loss or damage.]
(14) Exclusion of third party rights
(15) Entire agreement
(16) Law and jurisdiction
The full name of our company is [see web site].
[We are registered in [England and Wales] under registration number
Our [registered] address is [see web site]. You can contact us by email to see web site. (20) web site terms and conditions supplied by:
Our [registered] address is [see web site].
You can contact us by email to see web site.
(20) web site terms and conditions supplied by: