Terms & Conditions
TERMS OF BUSINESS OF GAS FIRED PRODUCTS (UK) LIMITED
Definitions in these Conditions:
“Seller” means Gas Fired Products (UK) Limited.
“Buyer” means persons. firms or companies supplied with Goods.
“The Goods” means goods or materials supplied by the Seller to the Buyer.
1. General. Unless otherwise agreed in writing by the Seller these conditions which supersede any earlier sets of conditions appearing in the Sellers catalogues or elsewhere shall over‑ride any terms or conditions stipulated incorporated or referred to by the Buyer whether in the order or in any negotiations and all guarantees warranties or conditions (including any conditions as to quality or fitness for any particular purpose) whether expressed or implied by Statute common law or otherwise are excluded and hereby negatived.
2. Description. All descriptive specifications drawings and particulars of weights dimensions and materials have been given by way of identification only and the use of such information shall not constitute a sale by description. The Seller’s servants and agents have no authority to make any representation statement or report not contained in or incorporated into a quotation by the Seller and the Seller shall not be bound by any unauthorised representation statement or report. If the Seller adopts any changes in construction design or the specification of its products the Buyer shall accept the products so changed in fulfilment of the order.
3. Terms of Guarantee. The Seller will free of charge (save for carriage) supply a replacement for any Goods or component parts supplied which shall. within twenty-four months of delivery. be found defective by reason of faulty materials or workmanship. provided and on condition that:
(a) The Goods supplied shall, since delivery, have been used and maintained in accordance with the Seller’s information sheets and/ or other instructions issued by the Seller. and will be or have been paid for by the due date.
(b) The Goods supplied shall not have been misused, used in contravention of regulations or in any way interfered with subsequent to delivery at the premises of the Buyer.
(c) The alleged defect is not attributable to fair wear and tear.
(d) The Buyer shall within ten days of the discovery of the alleged defect notify the seller in writing of it giving sufficient reference to or particulars of the claim to enable the Seller to deal therewith.
(e) The decision of the Seller shall be final and conclusive on all questions as to defects and the repair or replacement of parts. If any part is replaced by the Seller’s the part so replaced shall be the property of the Seller.
(f) Should the Goods or component parts be found to be defective within the first 12 months of delivery the Seller will undertake to meet the cost of, or arrange for, the replacement part or parts to be fitted at no cost to the Buyer, provided conditions within this section (a) to (e) have been met. Should the Buyer wish to undertake the work to fit the replacement parts themselves, the scope and cost of any works by the Buyer or their representative must be agreed in writing with the Seller prior to the commencement of said work. Failure to have this agreement may result in the Buyer not receiving recompense for the work.
(g) After the first 12 months, the cost of dismantling equipment, fitting replacement parts and reassembling pursuant to this warranty shall be borne by the Buyer.
(h) Defective part(s) which are replaced are to be returned carriage paid to the Seller by the Buyer.
(i) This warranty shall not apply to defective Goods, components or equipment not manufactured by the Seller, but the Seller will (in so far as it can) confer on the Buyer any rights which the Seller may have against the manufacturers of such items, save that the Seller shall not thereby be required to incur any expense or to enter into any litigation or arbitration.
Should the Goods or component parts be found to be defective within the first 12 months of delivery the Seller will undertake to meet the cost of, or arrange for, the replacement part or parts to be fitted at no cost to the Buyer, provided conditions (a) to (h) above have been met.
Should the Buyer wish to undertake the work to fit the replacement parts themselves, the cost of any works by the Buyer or their representative must be agreed in writing with the Seller prior to the commencement of said work. Failure to have this agreement may result in the Buyer not for the work.
4. Exclusion of Liability. The Seller will not be liable for any damage illness injury disease or incapacity (whether direct or indirect) caused to the Buyer or persons authorised or permitted by him to operate use or come into contact with the Goods or to other persons animals goods produce or other property in connection with or arising out of the installation and or use of the Goods. Nothing in these conditions shall be read as attempting to exclude rights which by statute cannot be excluded.
5. Damage In Transit. The Seller will repair or replace free of charge goods damaged or lost in transit (excluding any transit under arrangements made by the Buyer) provided the Buyer gives the Seller written notification of such damage or loss within such time as will enable the Seller to comply with the carriers conditions of carriage as affecting the toss or damage in transit. The Buyer is advised to inspect the Goods immediately on arrival.
6. Delivery. Delivery charges are not included in the price except where otherwise stated. Any time or date named by the Seller is given and intended as an estimate only and the Seller shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery. The Buyer shall bear all charges for collection packaging shipment cartage warehousing insurance and other expenses incurred by the Seller in the delivery of the Goods. The Seller may in its absolute discretion make a reasonable charge for the custody of the Goods or any part thereof retained by the Seller. Goods are not accepted by the Seller for return from the Buyer without the Sellers previous consent in writing.
7. Prices. The prices to be paid shall be that stated in the quotation if the quotation is accepted within twenty eight days from the date thereof. otherwise the quoted price may be varied by addition upwards by the Seller in accordance with market conditions at the date of actual supply and the Buyer shall pay such additions in addition to the quoted price.
8. Terms of Payment. All prices quoted are payable in pounds sterling (unless otherwise specifically stated) within thirty days after the invoice date. Any discount offered to the Buyer is conditional upon payment by the due date and the contract price thereupon shall be adjusted accordingly.
In the case of non‑payment of any particular invoice by the due date the balance payable shall thereafter bear interest at a rate of two per cent per month in favour of the Seller until payment is made and delivery of any outstanding order shall be delayed until payment in full has been made.
9. Erection and/or Installation. The Buyer shall ensure that a clear and suitable site is available and ready for the installation of equipment and that the site is readily accessible to normal transport. Except where otherwise specified the Seller shall not be responsible for labour or material for any builders work foundations structural alterations plumbing or electrical work.
10. Retention of Title.
(i) Property in the Goods shall not pass to the Buyer until the Buyer has paid to the Seller the whole price thereof and until such price has been paid the Buyer holds the Goods as bailee for the Seller. Whilst acting as such bailee the Buyer shall not pledge or allow any lien or charge to be created over the Goods or any document of title thereto and will not deal with the Goods except in the ordinary course of business
(ii) If the Buyer sells the Goods in such manner as to pass a valid title to a third party, the Buyer shall hold the proceeds of such sale (and pending payment the right to receive such proceeds of sale) on trust for the Seller. The Buyer agrees that prior to payment of the entire price of the Goods, Seller may at any time enter on the Buyer’s premises and remove them and that prior to such payment the Buyer shall keep the Goods at all times separate and identifiable for such purpose. Nothing shall constitute the Buyer the agent of the Seller for the purpose of any such sub‑sale.
11. Default of Buyer. If the Buyer commits any breach of any of these conditions or not being a limited company becomes bankrupt, or compounds. or makes any arrangements with its creditors, or if being a limited company, goes into liquidation, whether compulsory or voluntary, or has a receiver appointed of its assets, or is in default as to payment of any sums payable to the Seller, then and in any such case without notice the Seller may resell the Goods. and any loss sustained shall be repaid to the Seller by the Buyer. The Seller shall retain a lien upon all the Goods for any unpaid balance due, and any deposit paid shall be retained by the Seller. The Seller may further determine all or any of its contracts or accounts then Outstanding with the Buyer. Any monies outstanding shall become immediately due and payable.
12. Applicable Law. These terms of business shall be subject to and construed in accordance with the laws of England.