Malcolm Fellows Machinery-Fellows Sheetmetal Machinery- Malcolm Fellows Terms and Conditions of Sale Definitions 1. The business shall mean Malcolm Fellows Machinery, Fellows Sheetmetal Machinery or Malcolm Fellows 2. The Purchaser shall mean the person, firm or company to whom any quotation is addressed, or with whom any contract is made. 3. The goods shall mean the goods agreed to be sold to the purchaser.
Formation of contracts
1. All contracts of sale made by the business shall be deemed to include these terms and conditions. No variation of, or addition to these terms and conditions shall form part of any contract unless made or specifically accepted by the business in writing.
2. All terms conditions and exceptions referred to by the purchaser or contained in the purchaser’s order or in any other document of or communication from the purchaser which seek to unilaterally vary or amend these terms and conditions are hereby excluded.
3. Quotations issued by the business are now offers capable of acceptance so as to make a binding contract and are only valid for 14 days from date of quotation All orders placed with the business require acceptance by the business before any contract arises and the goods are subject to the business’s right of prior sale after the date of the quotation.
4. No servant or agent of the business has any authority to give any representations or warranty relating to the goods or agree any variation or addition to these terms and conditions unless agreed and signed by the business.
5. Technical advice is given to the best of the business’s knowledge and experience. No liability is accepted for data and information given with respect to suitability or application of the products and the purchaser should check any relevant facts, sizes, capacities or any other relevant details. The purchasers are responsible for ensuring that statutory and other official regulations are complied with when using the products.
All goods shall be paid for with cleared funds before the goods are collected or delivered Title The title to the goods shall not pass to the purchaser until full payment has been received by the business of the invoice value of the goods, plus any other monies owed by the purchaser.
When the Business purchases goods, or sells goods on behalf of a customer, it is the responsibility of the customer to provide title and details of any charge or incumbencies on the goods, and if no information is provided it will be taken that the customer has title and that there is no charge or incumbency.
Cancellation of orders
A 10% cancellation charge will be made against orders cancelled by the customer unless agreed beforehand. Any unrecoverable costs will also be charged.
Guarantee and liability
1. In the case of new goods supplied by the business but not manufactured by the business, such goods are sold subject to the conditions of sale (if any) of the actual manufacturer or main agent if the machine is imported and the purchaser shall be entitled to such assignable benefits there under (if any) as the business shall receive under such conditions of sale in respect of the goods. 2. In the case of used or second-hand goods supplied by the business the purchaser shall be entitled to examine the goods before purchase. The business shall be under no liability at any time for defects, missing or defective parts or tooling.
3. If the machine is sited at a customer’s works and the business is selling the goods on behalf of the customer and the goods are purchased from that location, no liability is accepted for defective or missing elements of the machine, guarding or tooling as this is beyond the control of the business..
4. The business does not accept liability or claims for compensation due to lost production time or any consequential losses or expenses due to delays of any kind or inoperation of the goods. Health and Safety at Work The purchaser shall undertake to take all necessary steps to make sure that any goods supplied by the business are guarded, safe and without risk to health and safety and train staff in their safe use.
The purchaser should inform the business of any restrictions to access and any conditions that may affect the safety or health of engineers or delivery personnel. A risk assessment by the organization taking delivery must be in place if any of these conditions apply. These conditions also apply if the business has purchased machinery and is collecting the same. If transport arrives and is unable to gain access for whatever reason, the business reserves the right to charge for any lost time, cancellation costs, or any other costs arising from this lack of access.
Delivery at cost is available on most machines. Where the business has hired transport companies to deliver machines, the business will not accept any responsibility for any loss or damage to the machines and it is the purchasers responsibility to check the machinery on delivery and notify the business of any problems within 48 hours if they wish to report a problem with the transport co