Terms and Conditions
Goods returned under Warranty
Where goods are returned to us for free-of-charge repair or replacement in accordance with an existing warranty arrangement then Client shall ensure that we are provided with full details of such arrangement at the time that the goods are returned to us.
Chargeable Repairs and/or Replacements
Orders for chargeable repairs and/or replacements and which are not covered by an existing warranty arrangement shall be subject to BEAMA Conditions (R) issue April 1986 except as follows:
Payment Terms
Where the price of repair or replacement does not exceed £5,000 then payment shall be made in full with order and prior to work commencing.
If the work is valued in excess of £5,000 then the terms shall be subject to consultation and agreement prior to order.
Force Majeure and Liability in respect to military and/or other action
Force Majeure means war, hostilities, (whether war be declared or not), acts of terrorism, riots or civil disorder, industrial disputes, acts of God or any other circumstances beyond the reasonable control of either party.
If either party is prevented or delayed in performing his contractual obligations by any Force Majeure event, he shall be excused the non performance of such obligation provided that the Force Majeure event has been notified to the other party as soon as practicable.
If performance is delayed or prevented for a continuous period of 120 days, then either party may by written notice to the other cancel the Contract. In the event of such cancellation and subject to it not arising through any fault of ourselves, we shall be reimbursed by the Client for all reasonable costs incurred by us in the execution of the Contract up to the date of such cancellation.
The Contracts (Rights of Third Parties) Act 1999
The Contract shall not confer or purport to confer any benefits or rights upon any Third Party.
Assignment
Neither party shall assign the Contract or any part thereof, or any of his rights and obligations thereunder, without the prior written consent of the other. Such consent shall not be unreasonably withheld.
Termination for Convenience
In the event of termination for convenience viz. without our default, Client shall be responsible for all costs incurred by us up to the time of such termination including, but not limited to, costs associated with administration & engineering and the cancellation of any sub orders.
Title & Risk
Risk in the repaired and/or replaced Goods shall pass to Client upon delivery of the goods; title shall pass to the Client upon payment in full for the Goods so delivered.
Intellectual Property Rights & Ownership
We retain all intellectual property rights in the goods or Work to be supplied under the Contract whether pre-existing or developed specifically for the purposes of the Contract. Client shall be granted a royalty free, non-assignable, non-transferable licence to use our patents, registered designs or other like rights of all kind relevant to the Contract, for the purposes of maintenance only of the goods or Work.
Set-Off
Any right to set-off against the contract shall be strictly limited to sums owed by us to the Client solely under the contract.