Terms and Conditions of Business
In these conditions ‘the Company’ means Rotatech Limited and ‘Goods’ means services and/or materials supplied by the Company.
The ordering of Goods from the Company will be considered an acceptance of these conditions and where any conditions of purchase of a Customer conflict these conditions shall apply.
‘Customer’ means the person or entity purchasing the Goods from the Company, subject to these conditions.
2 QUOTATIONS, ESTIMATES, AND RIGHTS OF DISPOSAL
All quotations and estimates for Goods are based on information received from the Customer and will be valid for 30 days, however the Customer will hold the Company harmless and the Customer is responsible for any additional works required such information is inaccurate or incomplete and will be chargeable in excess of the initial quotation. Written confirmation will be required prior to the Company commencing work unless otherwise agreed. All uncollected repairs or non-repairs will be disposed of after 6 months of receipt at the Company and the Company will have no liability to the Customer in this regard.
Orders sent in confirmation of telephone instructions should be clearly marked as such and any orders placed by a Customer which require an order number for payment of the Goods, must be supplied by the Customer and it is the Customer’s responsibility to do so and the Company will not accept this as an excuse for invoices not to be paid.
4 CARRIAGE AND DELIVERY IINSTRUCTIONS
If Goods have been specially brought-in, the Company reserves the right to pass on any carriage charge made by the Company’s supplier.
Delivery/installation dates are promises made in good faith by the Company and every effort will be made to fulfil these dates but they shall not amount to any contractual obligation to deliver/install at the time quoted. No liability for direct or consequential loss or damage arising from any delay, howsoever caused, will be accepted. Time is not of the essence in relation to the fulfilment of the Customer’s order.
5 LOSS IN TRANSIT, SHORTAGES OR DAMAGE
Goods delivered by the Company should be checked upon receipt and if received in damaged or unsatisfactory condition must be signed for as such and the carrier and the Company must receive written notice from the Customer of such damage within 3 working days of delivery failing which the Company accepts no liability.
Shortages must be notified to the carrier and the Company by the Customer within 3 working days of delivery failing which the Company accepts no liability
Non-delivery of Goods must be reported in writing to the Company within 3 working days of receipt of an invoice or advice of dispatch, whichever is the earlier, failing which the Company accepts no liability.
Goods correctly supplied may not be returned by the Customer without written consent of the Company; a restocking charge will be made of 20% of the Goods value. Any Goods supplied to special requirements cannot be accepted by the Company for return under any circumstances. Goods returned by agreement with the Company must be consigned carriage paid and be accompanied by full details, stating the invoice number and date, together with the reason for return.
7 VALUE ADDED TAX
Value Added Tax (VAT) will apply at the applicable rate at the date of dispatch and/or installation. Quotations are provided exclusive of VAT.
Unless otherwise agreed in writing, payment terms are strictly 30 days end of month from the date of our invoice. The Company at its discretion reserves the right to charge interest in accordance with Late Payment of Commercial Debts (Interest) Act 1998 on accounts outstanding beyond the time specified in these conditions, in addition to any other rights it may have in respect of the Goods or non-payment. Any Warranty that the Company offers will be null and void if our payment terms are not adhered to. The Company also reserves the right, in the case of failure to pay for any Goods or any delivery or installation, to suspend delivery of any other order or part thereof without liability until such payments have been made in full.
Until full payment has been received by the Company for all Goods supplied (or any services rendered in connection therewith) it is expressly stated that title in such Goods remains in the Company, but the risk therein passes to the Customer at the time of delivery.
10 DEBT COLLECTIONS
The Company reserves the right in the case of failure to pay for any Goods in accordance with these Terms and Conditions of Business to pass on to the Customer all costs incurred in the recovery of such debts by the Company.
The Company offers a limited 6 month warranty on full spindle rebuilds, built with parts supplied by the Company only. The warranty will not cover machine collisions, water, coolant or oil ingress, poor installation and parts supplied by the Customer, i.e. bearings etc. If premature spindle failure occurs the Company should be notified immediately and given the opportunity to inspect the spindle in the machine/production environment within 3 working days, before removal by the Company or the Customer. The spindle must be returned to the Company for a full inspection and assessment. Should a spindle fail within the warranty period due to parts worn, which were not within tolerance on original assessment by the Company and the Customer was made aware of, but did not have the recommended work carried out by the Company, then the warranty will be null and void.
The Warranty will be null and void if the Company payment terms are not adhered to.
12.1 The extent of the Company’s liability under or in connection with the supply of the Goods subject to these conditions (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 12.
12.2 Subject to clause 12.6, the Company’s total liability shall not exceed the value of the Goods.
12.3 Subject to clause 12.6, the Company shall not be liable for any consequential, indirect or special loss.
12.4 Subject to clause 12.6, the Company shall not be liable for any of the following (whether direct or indirect):
12.4.1 loss of profit;
12.4.2 loss of revenue;
12.4.3 loss of use;
12.4.4 loss of production;
12.4.5 loss of contract;
12.4.6 loss of opportunity;
12.4.7 loss of savings, discount or rebate (whether actual or anticipated);
12.4.8 harm to reputation or loss of goodwill; and
12.4.9 loss of business.
12.5 Except as expressly stated in these conditions, and subject to clause 12.6, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
12.6 Notwithstanding any other provision of these conditions, the liability of the parties shall not be limited in any way in respect of the following:
12.6.1 death or personal injury caused by negligence;
12.6.2 fraud or fraudulent misrepresentation;
12.6.3 any other losses which cannot be excluded or limited by applicable law; and
12.6.4 any losses caused by wilful misconduct.
13 HEALTH AND SAFETY
The Company undertakes to take all steps necessary to ensure that the Goods when properly used will be safe and without risk to health. The Customer shall indemnify the Company against any liability whether civil or criminal which the Company may be subjected to in respect of any illness or injury caused by the Goods or their use by the Customer or any 3rd party.
14 ERROR AND OMISSIONS
The Company reserves the right to amend any accidental error and omission without liability.
15 APPLICABLE LAW
Unless otherwise agreed by the Company, in writing, these conditions shall in all respect be construed and operate as an English contract, and be subject to English Law and the exclusive jurisdiction of the English Courts.