Standard Terms and Conditions
Delsaro Ltd (the company) contract and do business solely upon the following conditions notwithstanding anything to the contrary contained or purported to be contained in any document or oral statement made by the party contracting (client) with us and no variation or alteration of these conditions shall be of any effect unless expressly agreed to in writing by an authorised officer of the company.
2. LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
a. Quotations are subject to confirmation on receipt of order, and we reserve the right to amend errors and/or omissions on quotations or invoices.
b. Both quoted and printed prices are based on manufacturers’ prices, rates of exchange, freight and insurances charges at the date of offer. In cases where these conditions change between the date of the quotation and the date despatched by us, the right is reserved to revise prices accordingly and to invoice at the price ruling at the time of despatch.
c. Where under our direct control, prices given on quotations will be held firm if an order is received within thirty days from the date of quotation unless stated to the contrary.
d. Orders may be subject to a delivery and handling charge.
e. All prices are subject to Value Added Tax at the prevailing rate.
4. RETURNS OR CANCELLATION OF ORDERS
a. Goods supplied correctly and in accordance with the order may not be returned without the express agreement of the company and on terms to be determined at the absolute discretion of the company.
b. Unless the company at its discretion decides otherwise, the following shall apply,
c. Goods must be returned in the Manufacturers original packaging, complete with accessories, manuals and documentation. Returned items not compliant with these requirements shall be rejected.
d. The client will be liable for the cost of remedying any damage to the goods returned where such damage has in the opinion of the company has been caused by the goods being inadequately packaged by the client or through the clients fault.
e. The company reserves the right to make a handling and restocking charge of 25% on goods which are returned if they were ordered in error or are no longer required.
f. Under no circumstances shall the company refund shipping & handling charges to the client.
Whilst every effort will be made to adhere to delivery dates we accept no liability in the case of non-delivery or delayed delivery. All deliveries offered ex-stock are subject to goods being available at the date of receipt of order.
6. DAMAGE OR LOSS IN TRANSIT
Partial loss or damage in transit must be reported in writing to ourselves within three days of receipt of the goods. In the event of non-delivery both carriers and ourselves must be notified in writing within fourteen days after date of advice of despatch.
7. SHORTAGE OR ERRORS
No claims will be entertained unless notification is given in writing within three days of receipt of consignment.
8. TERMS OF PAYMENT
All Accounts are strictly net monthly. The invoice price is subject to settlement being made by the due date shown on invoice. If payment is not received by the due date, the company reserves the right to claim interest on the late payment under the “Late Payment of Commercial Debts (Interest) Act 1998”. The rate of interest claimable will be the Bank of England Base Rate + 8%.
Our responsibility is limited to the supply of goods and services of the kind and quality ordered and insofar as is permitted by statute we hereby exclude all responsibility for any loss or damage howsoever caused consequential upon or resulting from the supply of such goods. Clients are recommended to test and examine goods and exercise special care in cases where the storage and/or use of the goods involves danger to persons and/or property, as required by the Health and Safety at Work Act 1974 and other current legislation.
Articles sent to us for repair or servicing are accepted only on the understanding that, insofar as statute permits, we shall not be held liable for any damage howsoever caused to such articles. Time involved in preliminary examination of any article may be charged in the event of no order being placed. Goods returned for repair or service should be sent carriage paid and clearly labelled with the sender’s name and address; at the same time a letter should be sent detailing the work required. All requests for repair or service should be confirmed by an official order. After exchange, repair or service the item will be returned carriage forward to the client.
11. WARRANTY AND AFTER SALES SERVICE
The warranty period is one year from the delivery date unless otherwise specified by the manufacturer. During this period the goods or apparatus will be repaired free of charge. Goods supplied outside the United Kingdom and Eire will be repaired free of charge but must be returned to the company. We reserve the right to request articles for repair under warranty to be sent carriage forward to our Service Centre. The time spent is free; spare parts will be repaired or replaced free of charge if defective. This guarantee does not cover damage to any goods or apparatus or any part thereof caused by misuse, or for any cause other than defective manufacture or materials, nor replacement of certain consumable parts such as electronic tubes, batteries, cell windows, accumulators, thermocouples and filaments used in thermal conductivity detectors, resistance thermometers, lamps, connectors and cables, cable moulding, electrical and mechanical cable terminations, heater elements, glass items etc. We decline any responsibility in cases where repairs have been carried out by persons unauthorised by the company unless written agreement has been given.
12. OUT OF WARRANTY REPAIRS
Our normal hours are Monday to Friday 9am-5pm. During these hours repairs will be charged at our current rates (details on request). Work outside these periods will incur charges at overtime rates. Any spare parts will be charged at list prices.
Where goods are insured by us at our discretion, or at a client’s request, a charge will be made on the invoice. Our liability will be limited to the lower of, the amount received by us under such insurance, or the value of the goods, from which our expenses will be deducted. We are under no obligation or liability to take proceedings for the recovery of loss or damage.
14. FLUCTUATING EXCHANGE RATE
Should the rate of exchange for goods supplied, which are manufactured outside the United Kingdom, change appreciably from the quoted or printed price at any time before the date of our invoice, we reserve the right to add a surcharge proportional to the change.
Whilst illustrations and specifications in literature are as accurate as possible at the time of printing, alterations in detail may occur from time to time as designs and specifications are improved. We accordingly reserve the right to supply goods conforming to the latest designs and specifications and the buyer shall have no claim in respect of any discrepancies between the goods supplied and those described in such illustrations and specifications, providing the product is of comparable quality.
Any dispute or difference which may arise under or in connection with or in relation to these conditions shall be referred to a single arbitrator in accordance with the provisions of the Arbitration Act, 1950 or any statutory, modification or re-enactment thereof for the time being in force.
17. FORCE MAJEURE
If the manufacture or delivery of the goods is prevented or delayed by act of God, war, riot, civil disorder, strike, lockout, labour dispute, fire, accident, non-delivery of raw materials or any other contingency, beyond the control of the Company, the Company shall be under no liability for any loss or damage thereby incurred or sustained by the client.
18. PASSAGE OF PROPERTY
Ownership of and property in the goods shall remain in the Company until the price has been discharged in full. A cheque given by the client shall not be treated as a discharge until it has been cleared. The risk of the goods shall pass on delivery to the client.
The Client may not approach staff employed by the company with the view to offering them employment for a period of one year from the completion of each contract.
If the client fails to comply or by its act or omission it is clear that he does not intend to comply with these conditions or any special conditions, the company may by written notice to the client determine the contract without prejudice to any right of action which the company may have against the client in respect of this contract.
21. PARTIAL INVALIDITY
If and to the extent that any clause or clauses of these terms and conditions of sale should prove invalid the remaining provisions and the Contract shall remain valid and binding. Any invalid clauses shall be renegotiated with the intention of replacing such clauses by new provisions with similar economic implications. Such substituted provisions shall be binding on both parties.
The failure of the company to insist upon strict performance in any of the terms and conditions stated herein shall not be considered a continuing waiver of such term or condition or of any other terms and conditions.
23. EXCLUSIONS CLAUSE
Except as otherwise provided, or where exclusion is prohibited at law, all conditions, warranties and representations whether express or implied by statute, custom of trade or otherwise are hereby expressly excluded and the company shall not be liable to the client for any loss or damage including (but not limited to) consequential loss or damage whatsoever caused resulting from any act, omission or default whether negligent or otherwise, of the company, it’s employees, agents or subcontractors.