Terms and Conditions at Greasley Electronics
Conditions of Sale (SL1. Issue 5. 20/02/2001)
All orders accepted by Greasley Electronics Limited are subject to the conditions set out below.
- 1.1 All orders are accepted by Greasley Electronics Limited (hereinafter called
“GE”) on these conditions of sale which supersede any other terms previously published.
- 1.2 For cost estimates, drawing and other documents (hereinafter called
“Documents”), GE reserves all rights, right, title and interest in the property and the copyright. Such documents may not be made available without prior consent of GE and they shall, upon request, be returned to GE if they are not awarded the contact.
PRICES AND TERMS OF PAYMENT
- 2.1 Prices of products or repairs (hereinafter called Products) will be those ruling in the current Greasley Electronics Limited Price List at the date of dispatch.
Prices of new or non-standard products will be those quoted prior to design, manufacture, or repair.
- 2.2 Prices shall be ex works and shall exclude packing, delivery and VAT. Value Added Tax will be charged at the applicable rate at the date of dispatch.
2.3 A premium charge will be made for repairs requiring instant attention. In these cases the delivery dates will be those specified at the time of quotation.
- 2.4 In order to cover time on diagnostic investigation, a charge will be made for all repair quotations.
- 2.5 All payments shall be made free at the GE paying office.
PASSING OF RISK AND PROPERTY
- 3.1 Risk of loss or damage to the Products shall pass to the purchaser at the time of delivery.
- 3.2 All supplied items (Secured Goods) shall remain the property of GE until every claim against the Purchaser to which the Supplier is entitled under this business relationship has been duly satisfied.
- 3.3 For the duration of the retention of title, the Purchaser is prohibited from giving the items of supplies in pledge or as security, and resale shall be permissible only to resellers in the ordinary course of business and only on the condition that the reseller receives payment from the customer or retains title so that the property is transferred to the customer only after fulfilment of his obligation to pay.
- 3.4 In the case of seizure or other act of or interventions by third parties, GE shall be immediately informed thereof in writing by the purchaser.
- 3.5 In the case of fundamental non-conformance of contractual obligations by the purchaser, especially delay in payment, the purchaser shall be obliged to return the purchased goods. The taking back, the assertion of retention of title or the seizure of Secured Goods by the GE does not mean termination of the contract except if expressly stated by GE.
4. INSPECTION, TIME FOR DELIVERY AND DELAY
- 4.1 THE PURCHASER MUST INSPECT THE SUPPLIED PRODUCTS as soon as reasonably practicable after delivery and shall do so within 10 days of delivery give notice to GE in detail of any defect in the Products or any other complaint which the purchaser may have in relation to the products. If the purchaser fails to give such notice, the Products shall be conclusively presumed to be in all respects in accordance with the contract and free from any defect which would be apparent on reasonable inspection, and the Purchaser shall be deemed to have accepted the Product accordingly.
- 4.2 Observation of the stipulated time for delivery is conditional upon the timely receipt of all documents and data supplied by the Purchaser, as well as fulfilment of agreed terms of payment and other obligations by the Purchaser. Unless these conditions are fulfilled on time, the time for delivery will be extended accordingly except where GE is responsible for the delay.
- 4.3 If non-observance of the time for delivery is due to force majeure such as mobilisation, war, not or similar events, e.g. strike or lockout, such time shall be extended accordingly.
- 4.4 Delivery dates are given as an estimate only. In no event shall late delivery justify the cancellation of an order or payment of damages.
- 4.5 The carriers GE use for UK and non UK deliveries offer a standard service.
Greasley Electronics do not guarantee this service. Clients wishing to use alternative delivery methods should notify GE when placing their order.
- 4.6 THE PURCHASER MUST REFUSE PARCELS DELIVERED TO HIM IN DAMAGED CONDITION AND NOTIFY GE IN WRITING WITHIN THREE DAYS OF THIS REFUSAL.
- 5.1 GE shall be given adequate time and opportunity to remedy any defect, if these are refused GE shall have no liability for the defect.
- 5.2 The warranty period for replacement Supplies (parts or services) will be three months.
- 5.3 Except for the above, any other warranty claims of the purchaser against GE and any agent of GE shall be excluded. However, clause (Further liability) shall remain unaffected.
- 6.1 Credit terms (subject to satisfactory references) are available. Payment due by the 20th of the month following the month in which the Products are dispatched. If any sum is not paid on the due date for payment, all sums due from the Purchaser will immediately become due notwithstanding that such sums would not otherwise be due until a later date. Overdue accounts will be charged interest at the rate of 8% over the Bank Base rates per month. In all other cases cash on delivery payments will be required.
CHOICE OF LAW
- 7.1 All contracts between GE and the Purchaser shall be governed by and interpreted in accordance with English Law and the Purchaser submits to the jurisdiction of the High Court of Justice in England, but GE may enforce such contract in any court of competent jurisdiction.
GE at their discretion provides a repair service in relation to Products not manufactured by GE. Such products are accepted for repair under the following conditions:
- 8.1 That the Purchaser must test repaired product as soon as they receive it.
- 8.2 That in accepting for repair any printed circuit board or sub assembly which is part of a machine or some more complex system GE shall not be under any liability whatsoever in respect of the remainder of that machine or complex system.
- 8.3 The Product offered for repair must be free from physical damage and electrically safe.
- 8.4 Any Purchaser supplied software returned may be erased or otherwise destroyed by the repair facility and GE shall not be under any liability whatsoever in respect of any data contained in any such software.
- 8.5 In house target turnaround on Products accepted for repair is five working days from receipt to dispatch but GE will be under no liability if it fails to comply with such a target.
- 8.6 GE warrants that it will at its option rectify defective repair work performed under its repair facility or offer the Purchaser a full refund of the original repair charge subject to the Purchaser submitting to GE a written claim specifying the defect and the repaired Product in question being received by GE within three months of leaving the GE premises in respect of the repair or such other periods which may be indicated by GE for specific Products from time to time. This warranty shall be in lieu of any warranty or conditions implied by law in relation to repair work under this repair facility except any implied by law which cannot by law be excluded.
- 8.7 Same as provided in paragraph 8.4 above GE shall not be under any liability whether in contract, tort or otherwise and whether or not resulting from negligence of GE or its employees, agents or sub-contractors in respect of defective repair work or for any damage or loss resulting from the failure to give advice or information or the giving of incorrect advice or information.
- 8.8 In no event shall any breach of contract on the part of GE or tort (including negligence) or failure of any kind on the part of GE or its employees, agents or sub-contractors give rise to any lability for loss of revenue or any consequential or indirect loss or damage arising from any cause whatsoever.
- 8.9 In the event of failure to collect repaired items within 30 days of written notice being given GE reserve the right to dispose of such items in order to recover their outstanding costs.
- 8.10 All repair charges are subject to V.A.T.
Except as provided herein, any other claims for damages of the purchaser shall be excluded regardless of whether they are based on positive breach of contractual obligations, violation of obligations in contract negotiations, breach of warranty, tort or any other legal theory. This exclusion shall not apply where e.g. under the product liability law or in cases of wilful misconduct, of gross negligence of the absence of warranted characteristics or of the fundamental non-performance of contractual obligations, there is a legally binding liability. However liability for damages arising from the fundamental non-performance of contractual obligations shall be limited to the foreseeable damage normally covered by a contract except in cases of wilful misconduct or gross negligence. This limitation does not imply a change in the burden of proof to the detriment of the purchaser.