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STANDARD TERMS AND CONDITIONS OF BUSINESS OF QUICKFIT SCAFFOLD TOWERS
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| 1) | (a) | All quotations are given and all orders are accepted on these terms and shall override and exclude any other terms stipulated or incorporated or referred to the buyer whether in the order or any negotiations. All orders hereby made by the buyer shall be deemed to be made subject to these Conditions. |
| (b) | The buyer acknowledges that there are no representations outside these terms which have induced him to enter into the Contract (which expression shall include any Contract of which these terms form part). | |
| (c) | No modification of the terms shall be effected unless made by an express written agreement between the parties. The signing by the seller of any of the buyers' documentation shall not imply any modification of these terms. | |
| 2) |
All descriptions and illustrations contained in the seller's catalogues price lists and advertisements or otherwise communicated to the buyer are intended merely to present a general idea of the Goods described therein, and nothing contained in any of them shall form any part of the Contract. |
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| 3) | The seller reserves the right to increase the price of the goods ordered before delivery by such amount as they deem necessary to recover any increase which may have arisen in the cost to the seller or manufacturing or acquiring or delivering the goods. | |
| 4) | The buyer may not cancel the order without the consent of the seller, which if given shall deemed to be on the express condition that the buyer shall indemnify the seller against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing. | |
| 5) | In the event of delay on the part of the buyer in payment of invoices, 30 days after delivery of goods, interest at 3% per month will be charged on outstanding amount until date of payment. | |
| 6) | a) | All delivery dates are estimates only and the time of delivery shall not be of the essence of the Contract. In no circumstances shall the seller be liable to compensate the buyer in damages or otherwise for non delivery or late delivery of the goods or any of them for whatever reason or for any loss consequential or otherwise arising therefrom. |
| b) | The seller shall be entitled to deliver the goods in one or more consignments unless otherwise expressly agreed in writing. | |
| 7) | Risk of loss or damage to the goods shall pass to the buyer from the time of delivery. | |
| 8) | a) | The property in the goods shall not pass from the seller to the buyer and the seller reserves the right of disposal of the equipment until all sums due from the buyer to the seller under this Contract be paid in full. |
| b) | Until the property has so passed the buyer shall not be entitled to deal in the equipment and shall keep the same in a clearly separate and identifiable form. | |
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c) |
The seller shall be entitled lo recover possession of the equipment and as Licensee of the buyer may enter any premises of the buyer for the purposes of such recovery. | |
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(d) |
If despite such prohibition on dealing the buyer does deal in the equipment the buyer shall be accountable in a fiduciary capacity to the seller for any money realised by such dealing. | |
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9) |
Any sums payable under The Contract between seller and buyer shall not be treated as paid until all cheques, bills of exchange or other instruments of payment given by the buyer have been met on presentation or otherwise honoured in accordance with their terms. The seller may sue for the whole of the price of any goods delivered at any time should default have occurred in respect of any prior payment. | |
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10) |
The buyer shall inspect the goods immediately on delivery thereof and shall within seven days from such delivery give notice to the seller of any matter or thing by reason whereof the buyer may allege that the goods are not in accordance with the order. If the buyer shall fail lo give such notice the goods will be deemed to be in all respects in accordance with the contract and the buyer shall be deemed to have accepted the goods accordingly. | |
| 11) | Goods are not tested or sold as fit for any particular purpose. Any term warranty or condition expressed implied or statutory to the Contract is excluded. In no circumstances whatsoever shall the seller's liability (in Contract, tort or otherwise) to the buyer arising under out of or in connection with this Contract or the goods supplied exceed the invoice price of the particular piece or pieces of equipment in regard to which complaint is made. | |
| 12) | For the carriage of merchandise the British Transport Commissions General Conditions of carriage and where applicable the Special Conditions for owners risk in damagable goods together with the Board's Conditions of carriage by water apply. | |
| 13) | Unless specilically stated otherwise prices and rates shown in our literature correspondence quotations contracts invoices and certificates are exclusive of Value Added Tax. Value Added Tax will be payable to us as an addition to the lax exclusive prices and rates mentioned above at the rate or rates laid down from time to time by law and we shall be entitled to adjust the rate and amount of Value Added Tax retrospectively or otherwise to comply with any rulings made by H.M. Customs and Excise affecting any goods or services sold, hired or provided by us. | |
| 14) | The British Transport Commissions' current Conditions of carriage require claims for damage to be made in writing within three days of receipt of goods. Unless therefore the buyer notifies the British Transport Commission's local agent and the seller within three days in the case of damage to goods then the seller cannot accept responsibility or suffer any deduction from its invoice in that regard. | |
| 15) | Claims for non-delivery are to be made to the seller in writing within fourteen days of the date uf consignment. Unless the buyer notifies the seller of non-delivery within fourteen days of the date of consignment then the seller cannot accept responsibility for such non-delivery or suffer any deduction from its invoice. | |
| 16) | Any and all notices given in accordance with any of these terms and conditions are to be in writing sent by recorded delivery by the buyer to the seller. | |
| 17) | This Contract is governed by English Law and any proceedings arising out of or in connection with these terms and Conditions can be brought only in any Court of any competent iui-isdiction in England and Wales. | |
| 18) |
Orders over £50 ex VAT carriage free to UK. Mainland. Orders under £50 ex VAT charged at cost. |
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THE QUICKFIT GUARANTEE
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The Warranty Inreturn for the Buyer agreeing to be bound by the covenants set out in the Schedule hereto, Quickfit Scaffold Towers HEREBY WARRANTS that any goods which it supplies shall be free from defects in the materials used in their manufacture and in the workmanship employed in their manufacture excluding any of the following: - 1) Paintwork 2) Galvanising 3) Damage or defects caused by fair wear and tear 4) Damage caused by sharp or rough edges of any products supplied The Buyers shall notify the Seller of any potential claim under this Guarantee in writing by recorded delivery within five days of the date of discovery of the alleged defect. Failure to notify within this time limit will invalidate any claim made under this Guarantee in respect of that defect. In the event of the Buyer making a successful claim under this Guarantee the Seller undertakes to replace the defective goods entirely at its own cost and as soon as practically possible. The buyer must return all defective goods to the seller at his own expense.
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SCHEDULE The Buyer hereby covenants: -
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1) To observe at all times when using the equipment for commerical purposes all statutory provisions including statutory instruments which in any way relate to health and safety at work including, inter alia, compliance with the following recommendations: - (a) Tile maximum height of free standing towers should not exceed the heights set out in our safe height chart which can be found in the Quickl'it Assembly Guide which must be read thoroughly heloi'c using the tower. (b) Towers should only be moved from the base. No personnel should be on the working platform during the operation. All castors should be firmly secured to the frames. Wheel locks should be applied after repositioning. (c) .always dimb up the inside of the tower and use our clip on internal ladders. (d) Never use a tower without bases, adjustable bases or wheels. (e) Ground conditions should always be checked. When erecting towers on grass, earth or soft ground it is necessary to position sole plates. These are timbers laid under each base plate preventing the legs from sinking into the ground. (fl Never stand on tiebars or handrails. (g) When forming a cantilever platform over tiled or any type of roof fill sacks with sawdust or sand and place on the roof with a suitable board placed on top. This will prevent damage to the tiles, etc. (h) Never stand a ladder on top of a tower. Never lean a ladder against an unsecured tower. (i) Do not overload the platform (see specifications). (j) Scaffold platforms from which a person could fall more than two metres (6'6") should be fitted with guard rails and toeboards. The guard rails should be between 910mm (3') and 1150mm (3'9") above the platform. (k) The Buyer shall use goods in accordance with the Health and Safety Executive Guidance Note GS42 (HMS01982 ISBNO1 18839411).
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2) To comply with any and all assembly and use instructions provided with the goods either by the Seller or the Manufacturer or both.
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3) To provide suitable protective clothing, eg. hard hats, gloves, work boots, overalls, etc., to prevent abrasion or cuts particularly to hands of those handling goods which may by their very nature have sharp or rough edges.
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4)Not to abuse the goods in any way or allow the goods to be abused or damaged by others.
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| 5)To ensure that the goods are properly maintained in every respect and particularly to ensure that the goods are always covered with a layer of good quality protective paint and to store goods inside when not in use and to handle goods with care when erecting, dismantling or transporting. |
Quickfit ©2010