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- Validity of Quotation
Unless previously amended or withdrawn the Company's quotation is open for acceptance for the period stated therein or where no period is stated for 30 days after the date thereof.
- Order
All orders on the Company shall be made by the Buyer in writing and be accompanied by sufficient information to enable the Company to proceed with the order if accepted. All orders are subject to acceptance by the Company and no contract shall exist until such acceptance has been issued by the Company to the Buyer. Any conditions or stipulations in or attached to the Buyers form of order which are inconsistent with the Company's quotation and terms and conditions of sale or which purport to add to them or modify them in any way whatsoever shall have no effect unless expressly accepted by the Company. In the absence of such acceptance by the Company the Buyer shall be deemed to have withdrawn or waived his conditions or stipulations and to contract solely on the basis of and under the terms and conditions of the Company's quotation.
- Packing
Where packing materials are extra to the cost of the goods they will be charged accordingly.
- Limit of Quotation
The Company's quotation includes only Goods as are specified therein.
- Drawings, etc.
All specifications, drawings and particulars of weights and dimensions submitted with the Company's quotation are approximate only and the description and illustrations contained in the Company's catalogue, price lists and other advertisement matter are intended merely to present a general idea of the goods described therein, and none of these shall form part of the contract.
- Delivery
The Company undertakes to make every effort to adhere to delivery dates, such delivery dates to take effect from issuance by the Company of its acceptance of the order to proceed and receipt of all necessary information to enable the Company to put the work in hand but the Company does not accept any liability for any direct or indirect losses which may arise for any reason whatsoever due to our failure to adhere to such delivery dates.
- Performance Data.
Whilst every effort is made to ensure the accuracy of any performance or similar data quoted by the Company no liability in respect thereof can be accepted.
- Price and Payment
The price quoted is ex the Company's warehouse or factory, and invoices are due for payment 30 days after the date of invoice. Prices are exclusive of VAT, which will be charged at the rate ruling at the date of supply.
- Property
Unless otherwise specified in the Company's quotation the property in the Goods shall remain in the Company until the Goods are paid for in full.
- Variations
In the event of variation or suspension of work at the Buyers instructions or in the event of lack of instructions the contract price shall be adjusted accordingly.
- Damage or loss in transit
Packing or goods shall be examined by the Buyer on receipt and notification of damage or breakage shall be sent in writing both to the Company and the carrier within 3 days of receipt. In the case of loss in transit or delay in delivery notification in writing shall be sent to the Company and the carrier by the Buyer within 14 days of the date of the advice note. "Unexamined" signatures do not relieve the Buyer of this liability and the Company shall not be responsible for any claim or claims if the Buyer fails to comply with provision of this clause.
- Warranty
Amazon Filters Limited (herein called AFL) warrants the products described herein which are manufactured by AFL to be free from defects in material and workmanship for a period of one (1) year from the date of shipment from AFL, under normal use and service.
Its sole obligation under this warranty being limited to repairing or replacing, as hereinafter provided, at its option, any product found to AFL's satisfaction to be defective upon examination by it, provided that such product shall be returned for inspection to AFL's factory within three (3) months after discovery of the defect. The repair or replacement of defective products will be made without charge for parts or labour. This warranty shall not apply to: (a) parts or products not manufactured by AFL, the warranty of such items being limited to the actual warranty extended to AFL by it's supplier; (b) any product that has been subjected to abuse, negligence, accident or misapplication; (c) any products altered or repaired by others than AFL; and (d) normal maintenance services and replacement of service items (such as washers, gaskets and lubrication) made in with such service. To the extent permitted by English law, this limited warranty shall extend only to the Buyer and any other person reasonably expected to use or consume the goods who is effected in person by any breach of the warranty. No action may be brought against AFL for an alleged breach of warranty unless such action instituted within one (1) year from the date the cause of action accrues. This limited warranty shall be constructed and enforced to the fullest extent allowable by English law.
Other than the obligation of AFL expressly set forth herein, AFL disclaims all warranties express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose, and any other obligation or liability. The foregoing constitutes AFL's sole obligation with respect to damages, whether direct, incidental or consequential, resulting from the use or performance of the product.
- Performance
The Company shall not be liable to the Buyer for any delays in or failure of performance due to causes beyond its control including, without limitations, Acts of God, fire, flood, earthquake, war, insurrections, civil commotion, labour difficulties, embargo, Military or Government restrictions, prohibitions, quotas, priorities, allocations and other controls affecting the Company or its suppliers.
- Representations
Any and all representations whether in writing or verbal made by or given on behalf of the Company are expressly excluded from the quotation unless referred to therein. The Buyer in accepting the quotation waives any and all rights it may have in respect of such representations unless referred to in the said quotation. No modification or waiver of the provision hereof shall be effective unless the same shall be acknowledged in writing by the party against which the modification or waiver is invoked.
- Notices
All notices required to be given to the Company shall be given in writing addressed to the Company's registered offices at Albany Park Estate, Frimley Road, Camberley, Surrey, GU16 7PG.
- English Law
The quotation, the offer, if any, the acceptance, if any, and the resulting contract shall be constructed and the relationship between the parties determined in accordance with the laws of England and shall be subject to the jurisdiction of the English Courts.
- Headings
The headings hereof do not form part of these conditions of sale being inserted purely for reference purposes.
- Definitions
Under the terms and conditions of sale set out above:
- The Company means Amazon Filters Limited
- The Buyer means the corporation, firm, company, institution, person or persons to whom a quotation is made by the company, or from whom an offer is received or is accepted.
- Goods means products manufactured or sold or work or service performed by the company.
- Test
The Company's products are carefully inspected and submitted to our standard tests before despatch.
Generally our prices for pressure vessels include: -
- Hydraulic or pneumatic tests in our factory.
- Where applicable the provision of mill certificates.
Our prices do not include: -
- Radiography
- Heat treatment
- Ultrasonic testing
- Individual material tests.
- Inspection by Lloyds or any other similar organisation.
All the foregoing services are charged for as extras. All expenses charged to us by inspectors acting on the Buyer's behalf will be charged back to the Buyer.
- Liability for Delay
Any times quoted for despatch have a start date from receipt by us of a written order to proceed and of all necessary information to enable us to put the work in hand. Alternatively if certified drawings are called for, the delivery time will run from the date on which we receive the drawings back duly approved.
- Delivery
Unless otherwise specified in our tender the price quoted is ex warehouse.
- Storage
If we do not receive forwarding instructions sufficient to enable us to despatch the goods within 14 days after the date of notification that they are ready for despatch, the Buyer shall take delivery or arrange for storage. If the Buyer does not take delivery or arrange for storage the Company will be entitled to arrange storage either at our own works or elsewhere on the Buyer's behalf and all charges for storage, for insurance or for demurrage shall be payable by the Buyer.
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