Standard Terms of Trading
TERMS AND CONDITIONS OF SALE
1 - Acceptance of Orders:
All contracts of sale made by Scott & Sargeant Woodworking Machinery Ltd ("The Company") shall be deemed to incorporate these terms & conditions which shall prevail over any other document or communication from the party with whom the Company is dealing ("The Customer") All orders are accepted & fulfilled subject to these conditions under English Law unless otherwise agreed in writing. In these conditions "we", "us" & "our" refer to The Company. You can write to us at 1 Blatchford Road, Horsham, RH13 5QR or send e-mail to email@example.com. These are also the addresses to write to if you have any complaints. "You" & "your" refer to the customer who places an order with us. We reserve the right not to accept any order. Once your order is accepted by us, a contract will come into force, on the terms & conditions set out here.
2 - Price:
All prices are ex works & exclude VAT or any taxes. Customers will be invoiced for delivery at the current rate. Maintenance of prices is not guaranteed, & they are subject to alteration without notice. Every effort is made to ensure that our prices & descriptions are accurate. If an error is found or if manufacturer's prices or products change, we will inform you as soon as possible & offer you the option of cancelling your order or reconfirming your order with the revised price or product. We are under no obligation to provide goods to you at an incorrect (lower) price if the pricing error is obvious & could reasonably have been recognised by you as a pricing error.
3 - Invoices:
Goods are invoiced at the prices ruling at the time of despatch. VAT where applicable will be applied to all goods or services supplied at the rate in force at the time of invoice.
A. Whilst every effort will be made to despatch the goods on time, no liability can be accepted by the Company for failure to deliver the goods in the specified time. All delivery times quoted are business estimates only & form no part of any contractual obligation.
B. The Company will accept no liability for shortages, damage, or non delivery of goods, unless the customer notifies the Company in writing within three days of receipt of goods or invoice.
C. The Company's liability for the safety of the goods ceases upon the Company placing the goods under the control & direction of the carrier.
All goods must be paid for in full prior to despatch or paid in full within 30 days from invoice date for authorised credit account holders. Any payments that are overdue will bear interest at the rate of 2% per annum above the base rate of HSBC Bank plc from the date that payment was due until the date of actual payment.
Ownership of the goods shall remain with the Company until payment in full has been received. Until such payment has been made, the Company may at any time (and with out prejudice to any of its other rights) recover or resell the goods or any part of them & may enter the customers premises for this purpose. If you sell the goods you agree to hold the sale proceeds upon trust for us until you have paid us for them in full.
Technical data, dimensions & weights etc., quoted are a guide only & no guarantee is given or implied that the goods will conform in absolute detail to the descriptions & illustrations. The Company reserves the right to amend specifications & to withdraw goods from this catalogue without prior notice.
Other than expressly stated in the catalogue or manufacturers brochures, the Company makes no representations as to the fitness or suitability of any goods for any purpose whatsoever.
The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused. The Company's liability for any non-performance of any order shall be limited to the value of the goods to which the claim relates .
Non-delivery or damage must be notified to the Company in writing within three days. Inspection of goods on delivery prior to signing acceptance is essential. Carriers' notes for delivery of goods must be endorsed accordingly. Note: Failure to observe the proper claims' procedure will invalidate the Company's contractual liability under these conditions of sale.
Undamaged, unopened & fully marketable goods may be returned by prior agreement of the Company, who reserve the right to make a cancellation or administrative charge. If you have already received the goods:
a) you can only exercise this right to cancel your order if the goods are still in a re-saleable condition & you have retained the packaging;
b) you must return the goods to us at your own cost to the address in clause 1 of these conditions (unless we are at fault, in which case we will arrange collection);
c) you must take care to ensure the goods are not damaged in the meantime; &
d) if you do not return the goods as required, we may charge you the costs of recovering them ourselves.
All monies paid form part of a contract of sale & are non-refundable. Orders will be considered cancelled upon notice from the customer, or failure to take delivery of the goods within a period of 30 days from when the Company notifies the Customer that the goods are ready for despatch. If for any reason the customer fails, or refuses to take delivery of the goods at the time that such goods are due & ready for delivery, the customer will be in breach of contract. The Company may sell or otherwise dispose of the goods without prejudice to the Company's right to legal redress for loss suffered in consequence of the customers failure to take delivery of the goods.
Goods paid for in full, or part paid, may be stored at the Company's discretion by prior arrangement. Storages charges will accrue at a rate of 1% of the invoice value per month following the date after which the customer failed to arrange collection or refused to accept delivery. This amount will be payable before any subsequent collection / delivery.
Delivery encompasses the mode of transport of the goods or machine(s) to the customer's address. If offloading has been expressly included in writing within the terms of delivery, the machine(s) remain(s) the haulier's responsibility until they have been offloaded from the vehicle to the ground. Whilst contracted drivers may assist with manouevering machinery into a customer's workshop. Once the machine has been removed from the vehicle, responsibility passes to the customer as regards logistics & for the purposes of liability. If our engineers are to commission or install machinery, unless expressly stated in writing on the customer's acknowledgement of order or invoice and notwithstanding any assistance / advice that Scott & Sargeant's engineers may provide, the customer is responsible for any moving into place and siting of the machinery. In any instance that Scott & Sargeant are responsible for moving machinery at or into a customer's site, the relevant Risk Assessment documentation will be provided
15 Second hand machines:
May not necessarily comply with the Health & Safety at Work Act 1974 or any other Act or Acts or Regulations thereunder governing the use of that plant machine or equipment in a working environment. The Customer must ensure prior to use that the use of any such piece of plant, machine or equipment does not contravene any such relevant Act or Regulation. In the case of exported machines, it is the responsibility of the Customer to ensure that local acts & regulations are complied with.
16 Special Terms:
Any machine sold in "existing condition" or "as seen" will be supplied without any guarantee as to function, condition, or fitness for purpose either express or implied. The customer shall carry out a risk assessment to ensure that the machine is safe & without risk to health & safety, & this undertaking shall have the effect of relieving the Company of any liability thereto.
17 Health & Safety Notice
INSTALLERS: Persons who install this machine for use at work have a duty under Section 6 of the Health & Safety at Work etc Act 1974 to ensure so far as is reasonably practicable that nothing about the way in which it is installed makes it unsafe or a risk to health at all times during setting, use, cleaning, maintenance. This may include such aspects as correct assembly, electrical installation, construction of enclosures, fitting of guards & chip & dust extraction equipment. When installing the machine, consideration must be given to adequate lighting & working space.
USERS: Where applicable, machines are supplied complete with all necessary safeguards to enable the user to comply with the Provision & Use of Work Equipment Regulations 1992, & where applicable, Regulation 20 & Regulation 39 of the Woodworking Machinery Regulations 1974. Details of correct installation & use together with guidance on fitting & proper adjustment of guards are described in accompanying manuals. The user shall shall carry out a risk assessment to ensure that the machine is safe & without risk to health & safety prior to use. Under the above legislation, employers have a legal duty to ensure that guards & other safety devices are suitable, & are maintained in efficient working order & in good repair. Employees also have to take responsible care for their's & other's health & safety, & cooperate with their employer in meeting health & safety requirements. Before commencing work, ensure that tools are set to cut in the right direction, secured, & sharp. Ensure that all guards & safety devices are in place & secured. Routine maintenance instructions are contained in manufacturers' instruction manuals. Repairs & maintenance must only be undertaken by competent persons.
TRAINING: Machine operators must have received sufficient training & instruction as to the dangers arising in connection with the machine, precautions to be observed, & the requirements of the Woodworking Machinery Regulations 1974 which apply except where they work under the adequate supervision of a person who has a thorough knowledge & experience of the machine & the required safeguards. Persons under the age of 18 must have successfully completed an approved course of training before operating this machine at work unless participating in a course of training under adequate supervision. (This applies only to any sawing machine fitted with a circular blade, any planing machine for surfacing which is not mechanically fed, or any vertical spindle moulding machine).
DUST: Employers have duties under the Factories Act 1961. The Health & Safety at Work etc Act 1974 & the Control of Substances Hazardous To Health regulations 1994 to control dust in the workplace. Wood dust can be harmful to health by inhalation & skin contact, & no-one should be exposed to airborne concentrations of wood dust greater than 5mg/cm averaged over & 8 hour day. In addition, concentrations of small dust particles in the air can form an explosive mixture. These concentrations usually occur in dust extraction equipment which may be destroyed unless explosion precautions have been taken in the design & installation of the equipment. Employers must carry out an adequate assessment of the risks to their employees' health arising from wood dust, & steps taken to control it, by, so far as is reasonably practicable, exhaust ventilation & enclosures rather than by the use of personal protective equipment. Free advice leaflets are available from the Health & Safety Executive.
NOISE: Noise levels can vary widely from machine to machine depending on conditions of use. The Noise at Work Regulations 1989 require employers to take reasonable practicable measures to reduce noise levels where any person is likely to be exposed to a continuous noise level of 90dB(A) or more over an 8 hour working day. Additionally, employers must make available suitable ear protectors at equivalent noise levels of 85dB(A) & ensure that they are properly maintained & worn at levels of 90dB(A) or more. Information about airborne noise emissions from machines can be found in manufacturers' instruction manuals. Where necessary to construct a sound enclosure, professional advice should be sought.