Cotswold Engineering Supplies Limited – Terms and Conditions of Sale

1) DEFINITIONS

The "company" means COTSWOLD ENGINEERING SUPPLIES LTD. The “Buyer” means the other party in a contract for goods and services supplied by the company. "GOODS" means the goods or services supplied by the company to the buyer.

2) GENERAL

These conditions of sale shall be applied as conditions in any order or contract accepted by us. No agent, stockist, third party or an employee other than a director of the company selling our goods or services is authorised to transact any business, which gives any warranty, or any representation, or incurs any liability on our behalf. We reserve the right to change our products, their design or construction without prior notice. If these conditions or any other conditions to which another party may seek to incorporate into the contract conflict, these conditions shall prevail.

3) ORDERS

The company may accept verbal orders but such orders must be confirmed in writing within twenty four hours by the buyer. No cancellation of any order will be effective unless it is written and until it is accepted by the company.

4) PRICES

All prices quoted in the company schedules and quotations are subject to revision without notice and all goods or services will be invoiced at the price ruling at the time of dispatch. Packing and carriage charges are shown separately and do not form part of the selling price unless stated. All prices are subject to VAT at the current rate at the date of invoice.

5) PAYMENT

Payment on credit accounts shall be due thirty days from the date of invoice. The company reserves the right to charge interest at 5% per month above the current Bank of Scotland interest rate for invoices not paid by their due dates.

Export/Overseas: The method of payment shall be determined prior to or at the time of the confirmation of the order. Any bank charges on overseas payments and import taxes are paid for by the buyer.

6) DELIVERY

The risk of all goods passes to the buyer on delivery ex works. The company reserves the right to charge carriage. The company will endeavour to ensure and maintain quoted delivery dates however such dates will not form part of the contract and the company shall not be liable for failure to deliver the goods by such date.

Liability for non delivery of goods will not be accepted by the company unless it is notified in writing within ten days from date of invoice.

7) PUBLICATIONS

Any descriptions and illustrations contained in the company catalogues, price lists and those of its agents / suppliers are to present a general idea of the goods description in them and shall not form part of a contract unless specifically incorporated therein by written agreement between the company and the buyer. The company reserves the right to update any specification of the goods (including spare parts supplied) without notice to the buyer.

8) GUARANTEE AND GENERAL LIABILITY

The companies liability for parts not manufactured by the company shall be limited to such guarantee (if any) as the manufacturers shall have given the company. The company will not be responsible for any damage or injury direct or indirect or consequential, to the buyer, or to others, or to any property caused by arising out of or in connection with advice given, the supply of plant, goods or materials or installation, repair or maintenance of any plant, goods or materials not withstanding that the same may be negligence on the part of the company or their employees or agents, or any defect, inherent latent or otherwise, which may subsequently develop in plant goods or materials supplied by the company.

1/1: Cotswold Engineering Supplies will not be liable for any loss incurred through stoppage, nor for any consequential loss or damage caused.

1/2: Cotswold Engineering Supplies guarantee in respect of material and workmanship shall not apply to injury, or expenditure, if the goods or products are altered or tampered with, or if a defect shall be due to, or brought about by fair wear and tear, carelessness on the part of the user, misuse or accident, or other cause outside the control of Cotswold Engineering Supplies, and providing the buyer is not in default of payment of any sums due to Cotswold Engineering Supplies.

9) PERFORMANCE

Any figures given relating to performance are based on results or experience and are accurate to the best of the company's belief. No failure to obtain specified results will be accepted by the company unless performance has been specifically guaranteed. The company's liability under such guarantee shall be limited, to accepting the return of the equipment and the refunding of any monies paid/or relevant credit on account. The buyer shall afford the company full opportunity to remedy any failure to fulfil the performance specifically guaranteed. The buyer is responsible for any capacity and performance of the goods as offered, being sufficient and suitable for its purpose, the company will accept no responsibility in this connection.

10) PROPERTY AT RISK

Until the company has been paid in full the goods shall remain the sole and absolute property of the company as the legal and equitable owner. In the event of delivery of goods to the buyer prior to passing of title, the buyer shall be in possession of the goods solely as bailie for the company until such time as the full price of the goods is paid to the company. The title of the goods shall remain with the company until full payment is made, the goods shall be at risk of the buyer as soon as they are delivered by the company to the buyers premise, vehicle or other. The buyer will insure goods to their full value, prior to the title of these goods being passed from the company to the buyer, before full payment has been made for these goods.

11) FORCE MAJEURE

The company shall not be under any liability to the buyer in respect of any failure to perform to, or the delay in performance of any of its contractual obligations to the buyer attributable to any cause of whatsoever. This relates to any issues of a nature beyond the company's responsible control and no such failure or delay shall be deemed for any of these conditions a breach of contract.

12) RETURN OF GOODS

All goods or products correctly supplied in accordance with the buyer’s order but which are subsequently refused or returned will only be credited provided that; written agreement has been obtained by the company, those goods to be credited are contained within our current price list, those goods are of current design and are in a condition of resale.

Those goods returned must be accompanied by a packing or return document stating the reason for return. We reserve the right to charge a 20% handling charge and also the original cost of carriage if incurred. Orders for either special or non-stock goods cannot be returned, nor credited – only on prior written agreement from the company.

13) CUSTOMER CONDITION OF PURCHASE

In all instances Cotswold Engineering Supplies conditions of sale stated herein over ride any separate Terms and Conditions stated by the buyer.

14) LEGAL CONSTRUCTION

Every contract to which these conditions 'apply shall be construed and take effect in accordance with the laws of England and the parties shall accept the exclusive jurisdiction of the English court.