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Terms & Conditions. Below are our general terms and conditions of business. We have devised these to be fair and not one sided whilst not being exhaustive, they do cover the most important points such as delivery time, specification, delays, payment and warrantees. Statement: Unless otherwise agreed in writing, all offers, orders and contracts are subject to the conditions of sale printed herein. Unless expressly accepted in writing, any qualification of these conditions contained in a written or printed document of the Purchase shall be deemed inapplicable. The purchaser will indemnify DanTech UK Ltd against all damages, penalties, costs and expenses to which we may become liable as a result of work executed in accordance with the purchaser specifications involving infringement of patents etc. 1) Quotations: Unless otherwise stated, any quotation is subject to final confirmation at the time of ordering. 2) Delivery: Delivery time is stated to the best of our knowledge at the time of quoting and is subject force Majeure. 3) Orders: Orders are only binding once our written confirmation exists. The delivery time is calculated from the date of either. a) Our acknowledgement b) Payment is received. Unless otherwise agreed in writing, all orders are at the price ruling and subject to exchange rate variation if applicable at the date payments fall due. 4) Prices: Unless otherwise stated, all prices are quoted ex works as defined in Incoterms and exclusive of packing and exclusive of packing and taxes, duties and other levies that may be levied. 5) Payment: Payment terms will be stated on the quotation and fall due within 21 days of the date of the invoice. DanTech reserves it’s statutory rights under the Late Payment of Commercial Debts (Interest) Act 1998 to apply interest charges at 8% above bank of interest base rate on unpaid invoices after 30 days. 6) Despatch/Delivery: Delivery is affected at the purchasers’ risk irrespective of whether the purchaser or we paid for transport or carriage. Unless requested in advance we will arrange delivery by our most suitable means. Should a delay in the delivery is requested by the purchaser the risk for late delivery will be passed to the purchaser, DanTech UK Ltd also reserves the right invoice the goods as soon as they are available for despatch. 7) Consequential Loss and/or Liquidated damages: At no time will DanTech UK Ltd be liable for consequential losses, liquidated damages, loss in profits or other indirect losses howsoever caused. 8) Product Liability: If goods supplied by DanTech UK Ltd cause damage or injury, the product liability will lie with the original manufacturer. Our product liability will come in to effect where it can be proved that the damage or injury was due to a mistake on our part. At no time will DanTech UK Ltd be liable for any losses as outlined in paragraph 8. Moreover, our liability will never exceed the sum agreed with our insurers. A copy of our product liability policy is available upon written request. Where, in connection with goods purchased by user or resold the purchaser must indemnify us to the same extent as our liability for damages covered by our insurers. The purchaser shall be bound to accept litigation before the same court of law hearing the claim for damages brought against us as a result of damage alleged to have been caused by the goods supplied. 8) Claims: Any claims for alleged incorrect delivery or deficiency must be reported in writing within 7 days of receipt of the goods. Goods returned will not be accepted unless they are accompanied with a relevant delivery note issued by DanTech UK Ltd. The purchaser will meet costs for return of goods unless agreed in writing by DanTech UK Ltd in advance. 9) Cancellation: If the purchaser wishes to cancel goods or change the specification, DanTech UK Ltd can only accept these after approval by their sales dept. DanTech UK Ltd reserves the right to charge a cancellation cost of up to 30% of the value of the order. Where an order is substituted and/or changed amendments to the prices will be advised before the work is carried out. 10) Force Majeure: We reserve the right to be free of responsibility for reasons of late or cancelled delivery beyond our control. 11) Installation: Where installation has been included for or quoted separately it is upon the assumption that the work can be carried out. Free and unimpeded access must be available to our staff as required to complete the work. Any work not specified in the schedule of work to be carried out must be done beforehand when possible. DanTech UK Ltd will not be liable for any delays caused by third party delays and reserves the right to charge waiting time at the appropriate rate and any expenses due to that delay. Every effort is made to ensure in our quotation that appropriate specialist tools and lifting equipment are included; however, should it arise that additional specialist equipment is required for the safe completion of a job whether the final cost has been agreed or not, and due to a change in site circumstances then the costs for this specialist equipment will be applied to a final invoice to the customer. 12) Arbitration; The Law of The EU and the country of manufacture govern all contracts. Any dispute arising out of any contract will be subject to arbitration prior to proceedings by an arbitrator appointed by DanTech UK Ltd. 13) Propriety Right; The product remains our property until the total invoice amount and any variations or additions have been paid in full. This proprietary right applies when the item is added to or fixed to another machine or piece of equipment not supplied by the seller. 14) Manufacturers: Dantech is not a manufacturer, These terms and conditions may be varied in connection with specific manufacturer’s terms in compliance of special processes or products. 15) Health & Safety in the Workplace: DanTech takes health and safety in the work place very seriously; technicians have taken part in the IOSH/SPA Safe Pass Training and carry identification cards. If they are required to undertake tasks they deem to endanger or compromise the safety of others then they have a right to refuse or reschedule at the cost of the customer. DanTech UK Ltd October 2003 DanTech
takes particular pride in settling payments to suppliers, this we do
on a 21-30 day basis after invoice so that our suppliers are not financing
our business. We hope that our customers respect our ethics and settle
bills in the same way. Asking for extended credit is one matter, taking
it without asking damages cashflow. |
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© 2003 Dantech UK Ltd |