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Terms and Conditions
Terms and Conditions 1 Title to goods supplied does not pass until full payment has been received. 2 Until the goods shall have passed as condition 1 the Customer shall hold the goods as bailee for ETS Sales & Hire Ltd and shall keep them separately stored and identified as the property of ETS Sales & Hire Ltd. 3 Notwithstanding conditions 1 & 2 the goods shall be at risk of the Customer alone from the time when they leave the premises of ETS Sales & Hire Ltd. 4 In the event of an invoice for goods supplied for sale remaining unpaid 14 days after the due date for settlement the goods interest will be charged. The rate of this interest to be 2% per month, calculated on a weekly basis. The Customer shall be liable for all legal or other charges incured the recovery of payment or equipment. 5 ETS Sales & Hire Ltd gives no warranty that goods supplied for sale are fit for customer’s purpose or purposes. The Customer warrants that he has satisfied himself that the goods will be fit for every purpose for which he requires them and that he does not reply on any skill or judgement of ETS Sales & Hire Ltd in that regard. 6 The customer shall inspect and test the Goods immediately after delivery and shall within 3 days of delivery give notice in writing to ETS Sales & Hire Ltd of any respect in which he alleges that the goods are not in accordance with the contract. If the Customer has not given such notice within that time the Goods shall be deemed to be in every respect in accordance with the contract. ETS Sales & Hire Ltd shall not be liable for any consequential damages arising there from whatsoever. 7 ETS Sales & Hire Ltd shall be relieved of its obligations under this contract insofar that it is hindered in or prevented from performing them by any circumstances what so ever beyond its control. 8 ETS Sales & Hire Ltd will endeavour to meet any agreed delivery conditions, but cannot accept responsibility for any delay in delivery howsoever caused. 9 All goods are sold subject to the specifications and warranties issued by the manufacturer. ETS Sales & Hire Ltd responsibilities for the malfunction or failure to meet performance standards of goods shall be limited in accordance with such specifications and warranties. Any liability of ETS Sales & Hire Ltd shall not exceed the value of the goods so supplied. 10 All quotations are made by ETS Sales & Hire Ltd without obligation. ETS Sales & Hire Ltd reserves the right at any time to vary any quotation or part thereof or to refuse acceptance of any order without assigning any reason for such refusal. Page 52 11 Where a Customer has Terms and Conditions covering purchasing that conflict with the Terms and Conditions of ETS Sales & Hire Ltd, then the Terms and Conditions of ETS Sales & Hire Ltd shall take precedence unless specifically agreed in writing by a Director of ETS Sales & Hire Ltd. 12 All quotations and prices are subject to the addition of Value Added Tax at the rate applicable on the date of invoice. 13 Any failure by ETS Sales & Hire Ltd to enforce any or all of these conditions shall not be construed as a waiver of any of ETS Sales & Hire Ltd rights hereunder. 14 We understand and will exercise our statutory right (Late Payment of Commercial Debts Regulations 2002) to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. 15 The terms above and contract to which this document relates, shall in all respects be construed and operate in accordance with English Law. 16 We reserve the right to change these terms and conditions at any time and without notice. NB Sizes and weights where shown, are intended for guidance only. SALE OR RETURN 1. Items are restricted to the following consumables: Batteries Pyrotechnic cartridges (full boxes) and unopened Fluids. 2. Items will only be supplied on Sale or Return by prior arrangement with the Hire Department as part of a Hire. 3. Goods not required will be regarded as sold if not returned WITH THE HIRE. TO PLACE A PURCHASE ORDER 1. Credit facilities are only available by prior arrangement. 2. Written orders are required for all purchases. 3. Where no credit facility exists payment may be made by cheque, credit card or bank transfer. Where appropriate a pro-forma invoice will be issued and the goods supplied on receipt of cleared payment. RETURNS PROCEDURE Goods correctly supplied in accordance with buyer’s instructions should not be returned without written consent from ETS Sales & Hire Ltd. In such event full instructions for the return/collection of the goods will be issued. Restocking charges may be incurred.
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