our terms of trade
1. GENERAL All contracts for the supply of goods and/or services between
Combined Harvesters Limited (“the Company”) and yourself (“the
Customer”) are subject to the following terms and conditions. These
terms and conditions shall apply to the exclusion of any terms and conditions
of the Customer or any terms or conditions whatsoever unless otherwise
expressly agreed in writing by a duly authorised representative of the
Company.
2. QUOTATIONS Unless previously withdrawn by the Company a quotation of
the Company is open for a period of 30 days after the date of the quotation.
No quotation shall constitute an offer or tender but shall be deemed to
be an invitation to treat.
3. CONTRACT A contract for the supply of goods and/or services is constituted
by the Company’s acceptance in writing of the Customer’s order.
4. PRICES (1) All prices quoted are exclusive of VAT and any excise duties
and import levies where applicable, all of which will be paid by the Customer.
(2) The prices charged by the Company will be those ruling at the date
of despatch. The Company reserves the right in its unfettered discretion
to vary the price from that quoted or from that prevailing at the contract
date in the event of any rise and fall in the cost of materials, labour,
services, interest rates, transport and statutory charges between the
date of contract and the date of despatch. (3) Unless otherwise specified
in the quotation, the quoted price of the goods is ex-works. If the Company
quotes for the supply of goods CIF or CFR no lighterage, landing charges,
dock wharf or customs duties are included. Freight, insurance, lighterage,
landing charges, dock and port duties, where included, are based on the
rates applicable on the date of the Company’s quotation and if at
the date on which the charges are incurred there has been a variation,
the price shall be Increased or decreased (as the case may be) by the
net amount of the increase or decrease in those charges. Unless otherwise
agreed in writing, the Customer is responsible for carriage from wharf
to site.
5. VALUE ADDED TAX Prices and other sums payable by the Customer shall
be increased by the addition of value added tax (“the Tax”)
as follows- (1) To the extent that the Company as supplier of goods or
services in performance of the contract is chargeable with Tax, by the
gross amount of the Tax chargeable thereon. (2) To the extent to the supply
of goods or services in the performance of the contract is exempt from
tax, by the increased amount the Company as supplier is liable to pay
in respect of any tax chargeable on the supply to him of goods to be incorporated
in or services which contribute exclusively to the performance of the
contract.
6. SPECIFICATIONS, DRAWINGS, ETC. (1) All quotations, drawings or technical
documents submitted to the Customer prior to or subsequent to the formation
of a contract remain the exclusive property and copyright of the Company
and are returnable to the Company on request. They may not be used by
the Customer or copied, reproduced, transmitted or communicated to a third
party, except with prior written consent of the Company given by a duly
authorised representative of the Company. (2) Statements in quotations
or tenders as to capacities, weights and volumes are intended to be approximate
only. (3) Statements or products stipulated in quotations or tenders are
based on information provided by the buyer and responsibility for the
product choice is solely that of the buyer.
7. LICENCES AND PERMITS If the performance of any contract requires a
licence or other permit of any government or authority the responsibility
for procurement shall be that of the Customer.
8. PAYMENT (1) Unless otherwise agreed in writing between the Company
and the Customer, payment for any goods shall be made by the Customer
to the Company within 30 days of the date of the relevant invoice or within
30 days from receipt of any order which is classed as special, bespoke
or made to order ( account holders only-non account holders payments shall
be due on or before delivery ). (2) In the case of an International Contract
a) payment shall be made to a Bank nominated by the Company and shall
be made in Sterling. b) payment shall be made at the option of the Company
by irrevocable Letter of Credit to be confirmed by a United Kingdom clearing
bank, payable on presentation of documents against shipping. (3) The Customer
shall pay to the Company interest upon any overdue payment or part thereof
at the rate of 4% per annum above the base lending rate of Lloyds Bank
plc from time to time in force until the date of actual payment.. Any
discount given in a quotation becomes invalid and is not allowed if the
invoice for the goods is not paid according to the Seller's Terms of Payment.
9. DELIVERY (1) Any times quoted or given for delivery of the goods or
performance of services is intended as approximate only and non-delivery
or delivery discrepancies must be notified within 14 days of despatch
date shown on advice note or invoice. The Company shall not be liable
for any loss or damage of any kind arising directly or indirectly from
any delay or failure to deliver goods or perform services on the date
so quoted. (2) The Company reserves the right to despatch and invoice
any part of an order when available. (3) The Customer must provide at
its own cost suitable equipment to collect the goods from the Company’s
premises or unload the goods and to transport the unloaded goods on to
the Customer’s premises as appropriate. (4) The quantity of any
consignment of Goods as recorded by the Company on despatch from the Company’s
place of business shall be conclusive evidence of the quantity received
by the Buyer on delivery unless the Buyer can provide evidence proving
the contrary. (5) Goods must be examined and checked by the buyer on delivery.
Any shortages or damage must be endorsed on the carrier’s receipt
and any such shortages, damage or otherwise any defect in goods as delivered
shall be notified to the seller within 24 hours of the time of delivery.
(6) If haulage has been charged, for goods to be despatched in one go
( direct from Combined Harvesters or otherwise ), then any variances to
this will be chargeable. Full load discounts are subject to our terms
and are applied as standard on full load quantities. Each separate instalment
shall be invoiced and paid for in accordance with the provisions of the
contract. PAGE 1.
10. DAMAGE OR LOSS IN TRANSIT The Company shall not be liable in respect
of any damage in transit or non-delivery of goods howsoever caused unless
notice in writing is given to the carrier and to the Company within the
period specified in the Contract of Carriage or within 7 days of the date
when the goods were received or would in the ordinary course of events
have been received, whichever is the earlier and the carrier’s receipt
is signed “unexamined”.
11. CANCELLATION OF ORDERS In the event of an order being cancelled, the
Seller reserves the right to charge a 25% cancellation fee. Any orders
deemed to be special, bespoke or built to order may not be cancelled by
the buyer. Goods currently supplied against the buyers order cannot be
returned. 8. RISK Risk shall pass to the Buyer so that the Buyer is responsible
for all loss, damage or deterioration of goods. i. if the Seller delivers
the goods by its own transport when the goods arrive at the place of delivery
and at the time before offloading. ii. in all other circumstances at the
time where the goods leave the Seller's premises, even if the Seller arranges
transport.
12. TITLE a. Title in the goods or any part thereof shall pass to the
Buyer when payment in full has been made, and the Buyer shall permit the
servants or agents of the Seller to enter into the Buyer's premises and
to repossess the goods at any time prior thereto. b. The Buyer shall only
be at liberty to sell the goods purchased from the Seller prior to the
passing of title on the understanding that the Buyer will hold on trust
for the Seller so much of the proceeds of sale received by the Buyer as
are necessary to discharge in full the payment due to the Seller. c. Until
passing of title to goods, or the products in which the goods have been
used, the products shall be stored separately from other products of the
Buyer and suitably identified so that the Seller's ownership can be readily
ascertained.
13. ADVISORY SERVICE The advisory service which we provide in connection
with our products is part of our sales service and we do not make any
charge for advice given. Any advice and assistance is given at the Buyer's
risk and we shall not be liable for any loss, damage or claims arising
there from.
14. WARRANTY a. The Buyer does not rely on any statement or other representations
other than those which have been made in writing by the Seller. b. The
Buyer must give the Seller immediate written notice of any defects in
the goods. Such goods shall be returned to the Seller and if proved to
be defective as a result of faulty materials or workmanship the Seller
shall replace or repair such goods. Defects in quality or dimension in
any delivery shall not be grounds for cancellation of the remainder of
the order. c. Save for any liability for death or personal injury resulting
from negligence on the part of the Seller, the Seller's liability for
defective goods shall in no case extend beyond the repair or replacement
of the defective item and the Seller shall not be liable for any other
loss or damage including but not limited to loss of profit, damage to
property, wasted expenditure or cost mitigation. d. The warranty covers
a period of 12 months from the date of despatch from the Supplier's premises
subject to proper installation and application within specified operating
limits. It does not apply to defects arising from fair wear and tear or
to factored products not of the Supplier's own manufacture.
15. PATENTS The Buyer shall indemnify the Seller against all damages,
penalties, costs and expenses which may become liable as a result of work
done in accordance with the Buyer's specification which involves the infringement
of any patent, registered design or copyright.
16. NON-ACCEPTANCE OF GOODS Buyers must take delivery at the time specified
and mutually agreed in the contract. In cases where delivery cannot be
accepted at these times, the Seller reserves the right to invoice on the
date delivery is due. Payment will be due 30 days ( unless otherwise agreed
in writing ) after invoicing whether delivery has been accepted or not
(the Company may store the goods until delivery, whereupon the Buyer shall
be liable for all related costs and expenses ( including , without limitation,
storage and insurance ).
17. PERFORMANCE OF CONTRACT Contracts may be suspended wholly or in part
in the event of a stoppage, delay or interruption of work in the Seller's
establishment or that of the Seller's suppliers as a result of strikes,
lock-outs, trade disputes, plant breakdown, accident or any cause whatsoever
beyond the Seller's control. Contracts shall not be cancelled without
the Seller's written consent and the Seller shall not be under any liability
arising out of such failure to deliver.
18. SPECIAL TOOLS Where it is necessary for the Seller to manufacture
or to purchase special tools or equipment etc. in order to execute a contract,
the Purchaser will be charged with a portion of the cost. Any such items
remain the Seller's property even when the Purchaser has been charged
with part of the cost.
19. HEALTH AND SAFETY AT WORK ACT The Seller draws the Buyer's attention
to the instructions given in the Instruction Manuals. These should be
carefully followed. Further information if required is available from
the Company.
20. WAIVER OF CONDITIONS OF INDULGENCE Any indulgence granted by the Seller
to a Buyer or any waiver by the Seller of its rights under these conditions
in respect of any particular transaction or series of transactions shall
not be deemed to be a waiver of the Seller's rights in respect of any
further transactions nor to be an agreement to confer the same indulgence
in respect of any further transactions.
21. DISCLAIMER The Seller will accept no responsibility for the safety
or performance of any of its products which are modified or re-programmed
subsequent to despatch.
22. GOVERNING LAW AND JURISDICTION The Contract shall be governed and
construed in accordance with the Laws of England and the Buyer submits
to the jurisdiction of the English Courts.
PAGE 2. Additional Terms and Conditions of Service
1) Where applicable, a written Order Number or letter of acceptance must
be obtained before work commences.
2) Any variation identified should be priced / agreed / and instructed
before being carried out. Alternatively a written confirmation of verbal
instruction will be undertaken and priced at day work rates with additional
costs for materials / plant & equipment necessary to safely undertake
each requested task to your satisfaction.
3) Tender costs priced from tender drawings will only remain valid if
no changes occur from these drawings to the working drawings, any differences
will be subject to an amended price.
4) Any ASBESTOS encountered will be dealt with by specialists at no cost
to us.
5) All contaminated soil encountered will be dealt with as necessary to
appropriate regulations and charged accordingly.
6) Combined Harvesters Ltd ( CH Ltd ) will provide all machinery in good
working order with appropriate valid test certificates.
7) Operatives of Combined Harvesters Ltd, to be aware of Health &
Safety issues and general site requirements. Any gross misconduct of Health
& Safety issues will result in appropriate disciplinary action.
8) Main contractors will generally be expected to provide welfare facilities
on site unless otherwise agreed. Main Contractor to also provide all signage
for general site safety.
9) A plan of underground cables / ducts / water pipes etc must be provided
if available, we cannot accept responsibility for any incorrect or ambiguous
information provided. If no plans are available then we cannot be held
responsible for accidental damage. Ground mapping can be provided at a
cost to the client.
10) When insufficient drawings or specification details arise, appropriate
materials will be used suitable for the required task.
11) Combined Harvesters Ltd will secure areas of work utilising the Main
contractors fencing to specific areas of work for Health & Safety
reasons, this protection will remain till works are completed and it is
the Main Contractors responsibility to provide sufficient fencing to protect
uncompleted works.
12) Once materials are properly fixed they become the responsibility of
the main contractor / client. The title of goods transfers on payment.
13) Programming of works to be agreed at order stage and client to be
advised of any known long lead-in periods of materials.
14) Groundwork items generally to be inspected prior to leaving site and
left in good order. Any damage or disturbance caused by others will not
be the responsibility of CH Ltd.
15) CH Ltd will provide a progress report regards programme and will discuss
any further information at regular meetings if requested.
16) Where possible main contractor to programme trades to avoid compromising
Health and Safety issues on site.
17) Waiting time will be charged, when contracted works are delayed.
18) Full value of any materials on site will be agreed and submitted with
interim or monthly valuations.
19) All work finished by CH Ltd must be paid for within payment terms,
non payments to Main Contractor are unacceptable reasons for non settlement
of the subcontract account.
20) Interim weekly / fortnightly / monthly payments will be agreed at
pre-contract stage to identify periods of high expenditure.
21) Main Contractors retention and discount must be identified on the
sub contract order prior to commencement of works.
22) All queries concerning application for payments or invoices must be
made within 7 days otherwise no claims will be considered.
23) For account customers, we will raise invoices on a monthly basis for
payment by the last working day of the following month.
24) The payment terms described on the invoice will supersede if necessary
the related items contained in this document.
25) A Unique Tax reference number ( U T R ) will be provided along with
company registration number to verify gross payment status, if applicable.
26) All prices are” Nett” unless otherwise stated and agreed
in advance.
27) V.A.T. will be charged at prevailing rate on date of invoice. Company
Reg; 6397147 VAT: 896 2877 51 PAGE 3.