STANDARD TERMS & CONDITIONS OF TRADING
1. Definitions
In the following Terms & Conditions of Trading, Peter Copsey Engineering Ltd., is referred to as "the Company" and the other party is referred to as "the Customer", and products and/or services under these Terms & Conditions of Trading are referred to as "the Goods".
2. Supply
Goods are supplied upon the Terms & Conditions of Trading herein set out and upon no other Terms & Conditions save for those expressly agreed to separately in writing by both parties.
The Company's Employees and/or agents have no authority to vary any of the Terms & Conditions of Trading herein set out.
3. Contract
The definition of a contract shall be a written, signed order, and/or verbal instruction which shall be given by the Customer to the Company, and agreed either verbally or in writing by the Company.
Any contract made under these Terms & Conditions of Trading herein set out shall not be assigned or transferred by the Customer either directly or indirectly except with previous written consent of the Company.
4. Risk
The Goods will be at the Customer's risk immediately on delivery to the Customer, the Company will however retain the property in the Goods until they have been paid for in full.
5. Advice
The Company's Employees and/or Agents have the authority to recommend Goods for the purposes for which they are intended as set out in the manufacturer's current instructions and technical information.
If the Company's Employees and/or Agents having regard to their experience and or abilities make a suggestion as to a product being tried for a particular purpose for which the manufacturer does not have written recommendations within its current instructions and technical information, then such suggestion is made use of at the customer's express risk.
6. Prices
The Company reserve the right to impose a small order surcharge where an order from the Customer falls below the minimum order value as stated in the Company's Price List, or verbally reported to the Customer.
The Company also reserves the right to amend the price of Goods previous to delivery, if due to circumstances outside the control of the Company.
7 Standard
All Goods supplied by the Company to its Customers are believed to be produced within specifications approved by the manufacturers and to be reasonably fit for the purposes for which they are supplied.
After the Goods have been delivered to the Customer, the Company cannot exercise any control over either the storage, handling, mixing, application and use of the Goods supplied, or the weather conditions prevailing before, during and after application, all or any of which may effect the performance of the Goods.
Save therefore where liability is proved under Clause 10 below, the Company, its Employees and/or Agents will be under no liability for loss, damage, death or injury howsoever cause resulting from any failure whether partial, total or consequential in performance or from any excessively vigorous performance.
8. Delivery
The Goods, the subject of these Terms & Conditions of Trading will be delivered by a carrier approved by the Company.
The Company its Employees and/or Agents will not be liable for any failure to deliver the Goods or any part thereof, if in so far as such failure is due to any Act of God, action by any Government, strike, lockout, combination of workmen, breakdown of machinery, power failure caused by the action of a public or private authority or public or private utility undertaking, or fire.
9. Payment
The Company will render an invoice to the Customer, relating to the Goods following delivery.
The invoice will be due for payment within 28 days of its date, or in accordance with agreed terms between the Company and the Customer.
If full payment is not received by the Company within such time a credit charge of 3% of the invoice price will also be payable by the Customer.
The Company reserve the right to increase or decrease the rate of V.A.T. on the Goods which have been ordered, but not delivered, should the rate of V.A.T. change.
The Company may at its absolute discretion reserve the right to decline any order placed with it where any account remains unpaid after being called for.
10. Liability
The Company, its Employees and/or Agents will be under no liability arising from the supply of any Goods in respect of any loss, damage, death or injury unless such loss, damage, death or injury is the direct result in respect of negligence of the Company, its Employees and/or Agents.
The Company, its Employees and/or Agents will be under no liability arising from the supply of the Goods for any loss, damage, death or injury howsoever caused, unless it is proved either:
a) Where the purpose or purposes for which the Goods are being bought is made known to the Company, and that the Company, its Employees and/or Agents have failed to take reasonable care to supply Goods reasonably fit for the said purpose or purposes,
or
b) Where no such purpose is made known to the Company, its Employees and/or Agents, and the Company, its Employees and/or Agents have failed to take reasonable care to supply Goods which are fit for the purpose for which Goods of that kind are commonly bought as it is reasonable to expect, having regard to all relevant circumstances.
11. Claims
The Company, its Employees and/or Agents will not be liable in respect of any claim arising from the supply of Goods unless notification in writing thereof is received by the Company at its Offices at 2 Wheaton Road, Industrial Estate East, Witham, Essex. CM8 3UJ immediately it could reasonably be expected that the Goods should have shown themselves to have been defective and unless thereafter a reasonable opportunity is given to the Company, its Employees and/or Agents to carry out such inspection and/or investigation to the said claim which the Company reasonably regards as necessary or desirable.
Additionally the Company its Employees and/or Agents will not be liable in respect of any claim unless the Customer has taken every possible opportunity to minimise such claim.
The Company's liability in respect of any such claim shall be limited to the value of the Goods supplied, and not to the value of any possible resale which would normally be expected to be received.
12. Sale & Return
The Company does not supply Goods on a "sale or return" basis neither does it normally accept the return of Goods correctly supplied.
If the Company at its absolute discretion agrees to accept such Goods, a handling charge at the rate of 20% of the Goods value will be levied.
Should it be agreed that the Company will credit Goods which have been returned or are defective, such credit will be deemed to be deducted from the former invoice, and an appropriate credit note will be issued by the Company as soon as is practicable.
13. Default
If the Customer breaks any of the Terms & Conditions of Trading herein set out or becomes bankrupt or makes any composition or scheme or arrangement with its creditors or, being a body corporate goes into liquidation or has a receiver appointed or otherwise becomes insolvent, the Company is entitled without prejudice to its other rights and remedies, to treat any contract so made as determined and to demand immediate return of any Goods supplied hereunder or (where such Goods supplied have been consumed or no longer available or belong to the Customer) immediate payment in full thereof.
14. Notice
Any notice required to be given to or served hereunder shall be addressed in the case of a notice to be given or served on the Customer at the address of the Customer shown on the written Order, and in the case of the Company at its registered office for the time being and may be given or served either:
a) By letter leaving the same or sending the same by first class post in a pre-paid envelope and a notice so given shall be deemed to have been given or served.
On the day it was so left or on the day following that on which it was posted in the case of the Company, or in the case of the Customer if the address of the Customer is within the United Kingdom, within 7 days of the date of posting.
b) By telex cable or facsimile transmission and a notice so given or sent shall be deemed to have been given or served within 24 hours of transmission.
15. Law
The validity, and acceptance by either party of the Contract to Sell to, and to purchase from shall be governed by United Kingdom Law, and the Company and the Customer hereby agree to the exclusive jurisdiction of the Courts of England & Wales for the resolution of all and any disputes which may arise from the Contract.
All the clauses contained within these Terms & Conditions of Trading shall apply in full unless any Statutory Act of Parliament shall make any clause and/or part of a clause of the said Terms & Conditions of Trading to be unenforceable.
Such clause and/or part of a clause shall therefore be deemed to be excluded from the Terms and Conditions of Trading.
16. General
The Company reserves the right to revise these Terms & Conditions from time to time.
Commitments made by the Company's agents, representatives or employees are only valid if confirmed in writing by a Director of the Company.
Any representations to be binding on the Company must be specifically agreed to in writing by a Director of the Company at the time of the written order or verbal instruction.
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