Terms and Conditions of Sale
General Conditions of Sale
The following conditions shall apply to all orders/contracts accepted or entered into by StockShed, hereinafter called "The Company", and all other conditions whatsoever are excluded from the contract, or any variation thereof, unless expressly accepted by the Company in writing.
Prices
All prices quoted by the Company are ex-works and the Purchase shall in addition pay all charges for carriage, insurance and (where appropriate) any export duties. All prices will be subject to surcharge in the event of any increase in wages, in the cost of raw materials, or fluctuations in foreign currencies, although every endeavour will be made to ensure that prices quoted are maintained at date of despatch. When products are sold without quotation they will be charged at price prevailing at the date
of collection or despatch from the Company.
Dispatch
a)
Delivery dates are given as accurately as possible but are not guaranteed. Under no circumstances will late delivery
entitle the Purchaser to treat the contract as repudiated or to claim damages.
Unless paid for online, the Company may invoice the Purchaser at the earlier of the following dates:-
i)
The date goods are shipped.
ii)
The date goods are ready for shipment but are held pending instruction from the Purchaser.
Packing
Where goods are supplied packed in returnable cases, a separate charge will be made to cover the cost thereof, which will be
credited in full only if the empty case is returned to the Company within 4 weeks and in good condition.
Carriage
Delivery of goods to the carrier shall constitute delivery thereof to the Purchaser, and thereafter such goods shall be at the
Purchaser's risk. Any claims for damages or shortages occurring after such delivery should be directed by the Purchaser to
the carrier. Any such claims should be made within 7 days of delivery receipt.
Payment
Payment terms are immediate or 30 days from date of invoice unless otherwise agreed in writing by the Company. If payment is not
received within the agreed payment terms, the Company shall be entitled to charge and recover interest from the Purchaser
on the price of the goods calculated at the rate of four percent above the Barclays Bank PLC base rate from the due date
until the date of full payment. In addition, delayed or non-payment by a third party to Purchaser shall by no means constitute
delayed or non-payment from Purchaser to Company.
Although a binding contract for the sale of goods is formed when an order (whether written or verbal) is received
by the Company and the Company despatches an acknowledgement of the order together with the terms and
conditions the title in the products shall remain with the Company and shall not pass to the Purchaser until the
amount due under the invoice from them (including interest and costs) has been paid in full.
Until title passes the Purchaser shall hold the instruments as bailee for the Company and shall store or mark them
so that they can at all times be identified as the property of the Company.
The Company may at any time before title passes and without liability to the Purchaser, and to which the Purchaser
hereby gives its irrevocable authority to the Company and its agent to:-
Repossess and dismantle whether tangible or intangible and use or sell any of the instruments and by
doing so terminate the Purchaser's rights to use, sell or otherwise deal in them and
(for that purpose of determining what if any instruments are held by the Purchaser and inspecting them)
enter the premises of or occupied by the Purchaser.
The purchaser is licensed by the company to agree to sell on the company's goods save that no title in the goods
shall pass on the sub-sale unless and until payment is made for these goods and subject to the express condition
that the entire proceeds thereof are held in trust for the company and not mingled with other monies or paid into any
overdrawn bank account and shall at all times be identifiable as the company's monies.
The Company may maintain an action for the price of any instrument notwithstanding the title in them has not
passed to the Purchaser.
Order Cancellation - Any purchase order that the company has accepted will be subject to a 25% restocking fee if the order is cancelled irrespective of the order stage.
Liability
The company warrants to the Purchaser that any goods which prove to be defective in material or workmanship, and which
are returned to the Company within 12 months (6 months for HIU Spares) from the date of the original shipment, will be repaired or replaced without
charge subject to:-
The defect being proven to the satisfaction of the Company.
The goods being supplied by the Company.
No liability is accepted by the Company for any labour charges incurred in replacing parts or complete equipment
under guarantee. Site visits requested for inspection or fitting/commissioning replacement items and any associated
visit expenses will be chargeable at our current service rates.
Save as aforesaid, no liability is accepted by the Company for any loss, destruction, damage or injury suffered by the
Purchaser, or any other person arising from the purchase, storage, handling use or resale of goods purchased from the
Company.
Returned Goods
Save as aforesaid, the Company is under no obligation to accept goods returned by the Purchaser and will do so only on
terms to be agreed in writing.
If for any reason you are unhappy with the supplied instrumentation please notify us within 3 business days of receiving the goods by completing the returns form to obtain a returns authorisation number. We will offer either a full refund or replacement instrumentation depending on the reason for return and the condition of the returned goods. Please refer to our full terms and conditions for further information. Any cancelled orders or goods returned for any other reason other than manufacturer defect or incorrectly supplied will incur a 25% restocking fee.
Force Majeure
The Company shall not be liable for failure to ship, or delay in shipment, due to any cause outside the reasonable control of
the Company including / but not limited to, non availability of materials, shortage of transport facilities or delays in transit,
governmental administration laws and / or regulations affecting the Company's performance.
Termination
The Company reserves the right to unilaterally terminate any Contract of Sale, or suspend delivery of goods to any Purchaser
forthwith, by notice in writing to the Purchaser:-
If compelled to do so by reasons outside the Company's control.
In the event of failure by such Purchaser to pay any sums outstanding due to the Company.
If such Purchaser shall pass any resolution for winding up, or be the subject of any bankruptcy proceedings, or a
receiver is appointed for the whole of, or part of, the Purchaser's assets.
In the event of the Purchaser wishing to terminate the contract the Company will, without prejudice to its other rights, require a
payment from the Purchaser to cover any non-recoverable costs incurred up to the time of termination.
Representations
No statement, description, information, warranty, condition or documentation contained in any catalogue, price list,
advertisement, drawings or communication, or made verbally by any agents or employees of the Company shall be construed
to enlarge, vary or override, in anyway, any of these conditions.
Purchaser Conditions of Purchase
In the event of any conflict, these Conditions of Sale shall prevail over the conditions set out in Purchaser's enquiries or
Purchaser's order.
Service Visits
Conditions covering site visits are available upon request.
Proper Law
The contract shall in all aspects be governed by English Law and shall be deemed to be made in England and the Purchaser
and the Company agree to submit to the non-exclusive jurisdiction of the English Courts.