TOTAL MACHINE SUPPORT GENERAL CONDITIONS OF SALE 2024

1. ORDERS:

All Orders are accepted only upon and subject to the terms set out in our quotation and the following conditions, which shall prevail over any terms and conditions in the buyer’s order and shall apply save as varied by express agreement in writing by both parties.

2. PRICES:

(a) Prices are from our Burntwood premises, unless otherwise specified by us in writing.

(b) Prices are based on current costs of production but should the cost of labour and/or materials be increased during the repair / service, the condition of acceptance of this order is that the prices charged will be the prices ruling at the date of invoicing.

(c) The prices quoted for Repairing of the machines are as agreed.

(d) The hours of the engineer for a repair of the machine is the machine is deemed non repairable must be paid.

(e) The cost of parts for repair on a machine deemed non repairable must be paid in full .

(f) Minimum call out charge of £500.00 applies for any call out / breakdown.

3. PAYMENT:

Terms of payment are set out on our Invoices. Interest will be chargeable on overdue payments at 4% over Lloyds Bank PLC prevailing Base Rate.

(a) Deposits are sometimes required to cover purchases of machines/equipment not in stock at time of purchase – such deposits are used to assist in financing special purchase requirements and, in the event of cancellation, are not refundable under any circumstances.

4. DELIVERIES:

Delivery times dates from our acceptance of an official order and receipt of full instructions and information enabling us to proceed without interruption.

(a) Deliveries given in our quotation are subject to confirmation at time of acceptance of order.

(b) While delivery times are given in good faith they are not guaranteed and are also contingent upon war, strikes lock-outs or other labour troubles, breakdowns, delays in transport, delays in obtaining material, fire accidents, government directives or other circumstances beyond our control.

(c) Delivery times are based on the assumption that any items to be supplied by the customer for inclusion in the machine and/or equipment and needed to complete the testing of the machine after repair, will be made available to us by the time requested by us, and that where the purchase price is payable in instalments each instalment is paid on its due date.

(d) Orders are accepted on the condition that if before the engineer comes out such goods are destroyed, or damaged beyond repair from any cause outside our control including insolvency/bankruptcy of suppliers and cannot be replaced, we can cancel the contract.

5. TITLE:

The property in the goods remains vested in us until payment of the whole of the price thereof by the Buyer notwithstanding delivery of the goods to the Buyer but in the meantime the Buyer shall be responsible for any loss or damage to the goods howsoever caused. At any time that any sum due to us under this contract remains unpaid, we shall have the right to notify the customer of our intention to retake and we shall have the right to retake possession of our goods.

6. DESPATCH:

(a) Delivery charges shall be an extra to the contract and shall be paid to us by the buyer accordingly, unless otherwise agreed in writing.

(b) The buyer will be responsible for all charges incurred through delay in taking delivery of the goods.

(c) If at the buyer’s request, or through his failing to give full forwarding instructions, the goods are not despatched from our works within fourteen days of our notification that the goods are ready for despatch, then we will be entitled to invoice and receive payment for the goods as though the buyer had taken delivery and title is to pass on payment in full.

(d) Any damage, breakage or shortage must be notified to the carrier and ourselves within three days of receipt of the goods.

(e) All carriers way bills should be endorsed “Conditions of Contents unknown”.

7. DESIGN, WEIGHTS AND MEASURES:

All specifications, designs, weights and measures given in estimates or descriptive literature are subject to alteration without notice, are stated as accurately as possible but are not guaranteed.

8.LIABILITY

(ii) The Company does not exclude or restrict its liability for death or personal injury caused to any person by the sole negligence of the Company or its employee or agents.

(iii) Subject to the following provisions of this clause, the Company does not exclude liability for direct physical to tangible property of the buyer caused by the negligence of the Company or its employees or agents.

(iv) The buyer’s remedies whether in contract or in tort including negligence against the Company shall in respect of anyone default be limited to damages not exceeding the total value of the contract price.

(v) A number of defaults under sub-clause (iii) above, whether successive or concurrent, which together result in or contribute to substantially the same loss or damage, shall be treated as one default for the purpose of any claim for damages by the buyer hereunder.

(vi) Except where the Company’s liability is for death or personal injury in no event shall the Company be liable for the following loss or damage however caused and even if foreseeable by or in the contemplation of the parties.

(a) Economic loss (which shall include loss of profits, business revenue and goodwill).

(b) Damages in respect of special indirect or consequential loss or damage.

(c) Any claim made against the buyer by any other party.

9. CANCELLATION OR SUSPENSION OF WORK:

Orders shall not be cancelled or amended except with our written consent.

10. INTELLECTUAL PROPERTY RIGHTS:

So far as the Company is aware no goods supplied by the Company under this contract infringe the intellectual property rights of any third party (whether such rights take the form of letters patent, registered design, design copyright, trademark or any similar right) but no warranty expressed or implied is given against the existence of any such right and the Company will in no circumstances be liable to the buyer in respect of any infringement of such rights by the buyer as a result of the purchases of the goods.

11. DEFAULT:

If the buyer defaults in payment any sum due if any distress or execution is levied upon the buyer, his property or assets or if the buyer makes or offers to make any composition with creditors or commits any act of bankruptcy or act which would be an act of bankruptcy if committed by an individual, or if a petition be presented for a Receiving Order in the case of an individual, or liquidation in the case of an individual, or liquidation in the case of a Company, the Company shall be entitled at any time thereafter to determine this contract without derogation from its rights to recover money due and damages according to their nature and duration.

12. DISPUTES:

Any disputes arising under any contract to which these conditions apply shall be decided by arbitration in London in accordance with the Arbitration Acts 1950 to 1979 or any statutory modification or re-enactment thereof for the time being in force.

13. LEGAL CONSTRUCTION:

The validity, construction and performance of this contract shall be governed by English Law.

14. TRANSFER:

This contract cannot be assigned or transferred to any third party without our written consent.

15. GENERAL:

The parties expressly agree that should any limitation or provision contained herein be held to be invalid under any applicable statute or rule of law, it shall to that extent be deemed omitted and if the Company thereby becomes liable for loss or damage which otherwise has been excluded, such liability shall be subject to such other limitations and provisions as are herein contained.