- S. S. Systems Ltd.
Sorby House The Point Bradmarsh Business Park Rotherham South Yorkshire S60 1BP
TERMS AND CONDITIONS
GENERAL:Unless otherwise agreed in writing these conditions shall apply to all Contracts made by S. S. Systems Limited (hereinafter referred to as ‘the Company’) for the sale and where applicable the installation of equipment. No terms, representations, additions or variations other than those embodied in this agreement shall be binding upon the Company unless accepted by the Company in writing. Any terms or conditions contained in a Customer’s order shall only be binding upon the Company in so far as they are not inconsistent with these conditions. The Contract shall be construed in accordance with the Laws of England.
PRICES: All quotations are valid for a period of 60 days – otherwise prices are subject to those ruling on date of delivery. All quotations are based on normal working hours namely 8.00 a.m. to 5.30 p.m. Monday to Friday. For the purpose of a quotation it is assumed that access to a Customer’s premises will be available to the employees of the Company engaged on an installation at all times during normal working hours. If such employees are prevented from completing an installation during normal working hours then the Company reserves the right to make an additional charge for the additional time involved. Prices quoted do not include re-decoration and are EXCLUSIVE of VAT. except where stated otherwise.
ADDITIONAL: Where the quotation includes the cost of installation this has been priced according to the standard procedure of the Company. The cost of any variation in such procedures or
WORK additional work required by the Customer shall be treated as an increase in the price quoted for which an additional estimate will be given at the request of the Customer. In the event of delays arising in the completion of an installation due to stoppage or delays on the part of a Contractor or Sub-Contractor engaged by or on behalf of a Customer then the Company reserves the right to make an additional charge for the additional time involved unless otherwise agreed in writing.
TERMS OF: All payments are due immediately upon delivery of the goods. Any installation & commissioning work carried out by the Company will be invoiced at monthly intervals on a
PAYMENT percentage basis or on completion of the work whichever is the sooner. Any credit facilities granted are subject to satisfactory references being obtained. Payment is due 30 days after invoice date at net value with no discounts except where expressly stated. Interest at the rate of 2.5% per month will be charged on all invoices where payment is not received by the due date.
GUARANTEE: During the period of 12 months following the date of delivery or, where applicable, completion of an installation, the Company undertakes to replace free of charge any faulty or defective equipment fitted by the Company but only in so far as such fault or defect arises from faulty materials or workmanship but save so far as cannot be excluded no other guarantee condition or warranty shall be incorporated or implied herein unless specifically agreed in writing by the Company and specifically but without prejudice to the generality of the foregoing. This guarantee shall not extend to any of the goods or part thereof manufactured by third parties. In the case of such goods the Company shall if called upon to do so by the buyer use all reasonable endeavours to procure for the buyer the benefit of any warranty or guarantee provided by such party, apart from which the Company shall be under no liability whatsoever in respect of any defects in such goods. Where the equipment purchased is normally the subject of a maintenance contract and the Customer does not have a current maintenance contract for whatever reason, then the Company cannot be liable for any claim whatsoever arising from failure of the equipment in any way. Where applicable an installation will be deemed to be completed when the Company’s commissioning engineer commissions the system for on-line use and issues a completion certificate, and the Customer shall not be entitled to assume that the system is fully operative and protective until receipt of the completion certificate.
SPECIFICATIONS: All equipment is subject to ‘ the Company’s standard tolerances for variations, details of which will be supplied to the Customer at his written request. The Company will not be liable for any loss or damage arising as a result of variations in the Company’s specifications or technical data. Any complaint that equipment delivered or installed does not comply with the quotation must be made in writing to the Company within 7 days of the receipt of equipment or the issue of the completion certificate where applicable otherwise no claim will subsist and the equipment will be deemed to be in all respects in compliance with the contract. The Company assumes no responsibility for any change in specifications requested by a Customer unless the Company confirms such change in writing; any price variation resulting from such change will become effective immediately upon acceptance of such change. The Company reserves the right to make changes in the design of equipment or add to or improve equipment without incurring any obligation to make such changes, additions or improvements in equipment already contracted for. Any design dimensions weights and illustrations or other information shown in catalogues, printed matter and the like are approximations and for the guidance of the buyer only: they shall not become a term of or representation in any subsequent Contract between the Company and the buyer.
DELIVERY AND: The Company will endeavour to effect delivery and where applicable complete installation as soon after receipt of an order as is possible but cannot accept any responsibility or
INSTALLATION liability whatsoever for any claim arising in connection with any delay in delivery or installation howsoever such delay arises.
CANCELLATION: Once the quotation overleaf has been accepted by the Customer then the order cannot be cancelled.
LIABILITY: a) The equipment supplied and, where applicable, the installation, service and maintenance given by the Company are designed and intended to minimise the risk to the Customer of suffering the loss or damage for which it has been specified but no Guarantee can be given that the equipment will detect, activate, or report correctly at all times, under all conditions.
- b) No liability is accepted for indirect or consequential damage or expenses incurred in the event of such failure of goods. Respectfully we would like to point out that the Company is not an Insurance Company and consequently because of the potential extent of any claim that could otherwise be made against the Company under the contract arising from a failure of the equipment or from some act or negligence on the part of the Company, its employees or its agents in comparison with the sum payable by the Customer, the Company is unable to accept any liability for such loss or damage. It is therefore, the Customer’s responsibility to comprehensively and adequately insure the property in which the equipment is installed, its contents, and persons using the same, and should occasion occur, to seek and exclusively rely upon the indemnity under such policy.
- c) In no circumstances whatsoever, will the Company’s liability in respect of any claim arising from Breach of Contract, omission, or negligence exceed 10% of the total invoice value.
- d) This exclusion and limitation of liability is the basis of the calculation of the price or periodic sum payable by the Customer, but if the Customer, prior to accepting the contract gives written notice to the Company requesting a reasonable variation of any exclusion or limitation of liability, the Company will endeavour to arrange a specific insurance policy covering the individual and named requirements of the Customer, and provided that, and immediately such an insurance policy is issued, and the additional charges of the Company arising therefore are paid, the Company will accept such variation of liability.
- e) A copy of the relevant policy conditions will be sent to the Customer who undertakes to strictly perform and observe all the terms of that policy other than those relating to payment of premiums and failure to do so by the Customer will invalidate the variation of liability accepted in paragraph d) hereof.
- f) None of the rights or benefits conferred upon the Customer by this Agreement shall be assigned to any other person without the prior consent in writing of the Company.
WAYLEAVES: Where applicable the Customer shall be responsible for obtaining all wayleaves that may be necessary to install the equipment to the requirements of the Customer and the satisfaction of the Company.
PROPERTY: All goods remain the property of the company until payment is made in full. The Company reserves the right to repossess any goods sold to the customer which remain the property of the Company hereunder and thereafter to resell the same; and for this purpose the customer hereby grants an irrevocable right to the Company through its servants and agents to enter upon all and any premises on which such goods may be. This right shall continue notwithstanding termination of the Contract for any reason whatsoever. The Company will not be responsible for any damage to the Customers premises and property necessarily incurred in so removing or collecting the same.
FORCE: If either party is hindered or prevented from carrying out this Agreement by reason of any cause proved to be beyond its control, and in particular (but without prejudice to the
MAJEURE generality of the foregoing) by industrial action at its own works (but not by lockout), war, insurrection, riot, government action, natural disaster, fire, flood, explosion, earthquake or Act of God, then the party’s obligations under this Agreement shall be suspended until such cause has ceased to operate, provided that the party exercises due diligence in promptly notifying the other party in writing of any known or anticipated delay, and recommences the performance of its obligations under the Agreement immediately on cessation of such delay.
TERMINATION: If the Customer shall commit any breach of this agreement or any payment shall be in arrears the Company may forthwith by notice in writing to the Customer determine this
FOR BREACH agreement without prejudice to its rights to recover any sum due hereunder and the company shall thereupon at its discretion be entitled to terminate any other outstanding
OF AGREEMENT contract with the Customer or being a Company with its Subsidiaries or Associated Companies
ELECTRICAL: When requested by the Company a Customer shall supply and fit at his own expense a suitable Mains Point in close proximity to the AC/DC Rectifier or other points indicated
SUPPLY by the Company Engineer. If the Customer requests the Company to provide this service an additional charge will be made on a time and material basis.