TERMS & CONDITIONS
STANDARD TERMS AND CONDITIONS OF SALE
The contractual terms between Parkland International (hereinafter referred to as the Company) and those purchasing goods from the company are contained exclusively within these Conditions of Sale.
The Conditions and the Contract shall be subject to and construed in accordance with the Law of England.
(a)The following terms General Conditions of Sale and any Special Conditions agreed to in writing shall apply to and form the basis of all contracts for the purchase and supply of goods and/or services including contracts for the supply of units, parts accessories, replacements and spares. In particular no condition attaching to the Purchaser’s order purporting to override or vary the Company’s conditions shall have any effect whatsoever and any acceptance by the Company of any order shall be deemed to be on that basis unless otherwise specifically agreed in writing.
(b)The Purchaser acknowledges that there are no representatives outside these terms which have induced him to enter into the contract and these terms shall constitute the entire understanding between the parties for the sale of the goods. No modification of these terms shall be effective unless made by an express written agreement between the parties and the signing of the Company of any of the Purchaser’s documentation shall not imply any modifications of these terms.
Quotations are subject to withdrawal at any time before receipt of an unqualified order from the Purchaser and shall be deemed to be withdrawn unless so accepted within 30 days from their date. Quotations may be subject to variation if, in the opinion of the Company, full information is not made available to the Company to enable accurate preparation of the quotation, even where there has been previous acceptance by the Company of the Purchaser’s order.
3. CANCELLATION OF ORDERS
The Purchaser may not cancel the contract without the consent of the Company, which if given shall be deemed to be on the express condition that the Purchaser shall indemnify the Company against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing.
4. THE GOODS
All descriptions and illustrations contained in the Company’s catalogue, price lists and advertisements or otherwise communicated to the Purchaser are intended merely to present a general idea of the goods described therein and nothing contained in any of them shall form part of the contract.
(a)The Company reserves the right to alter the price of the Goods before delivery or installation to that ruling at the date of despatch of Goods or installation.
(b)All prices are quoted ex works and ex-carriage from the Company’s works to the place of delivery specified by the Purchaser and such carriage shall be charged in addition to the prices unless expressly agreed by the Company in writing.
(c) All prices are subject to VAT at the current rate (where applicable).
(a)All delivery dates are estimates only and while the Company will make every effort to maintain quoted delivery times, the time of delivery shall not be of the essence of the contract. Notwithstanding the provisions regarding cancellation above, the Purchaser shall be entitled to cancel the contract by giving notice to the Company if the goods are not delivered by the end of a period beginning on the date of the Company’s Acknowledgement of Order and equal to three times the delivery period specified as extended by any of the causes listed in the following sub-clause. In no circumstances shall the Company be liable to compensate the Purchaser 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 there from.
(b)Should the Company be prevented from or hindered in delivering the goods or any part thereof by reason of war, riot, explosion, fire flood, strike lock-out, shortage of materials or labour or any cause beyond the Company’s control, the time for delivery shall be extended until the operation of the cause preventing or hindering delivery has ceased.
(c)The Company shall be entitled to deliver the goods in one or more consignments unless otherwise expressly agreed.
(d)Delivery shall be deemed to take place when the goods are despatched from the Company’s works.
(e)The Company shall not be liable for any loss of any kind to the Purchaser arising from any damage to the goods occurring after the risk has passed to the Purchaser however caused nor shall any liability of the Purchaser to the
Company be diminished or extinguished by reason of such loss.
(f) When orders have been correctly fulfilled the Company cannot accept goods on return, except by specific
arrangement and confirmed in writing.
(g)If the Purchaser fails or refuses to take delivery of the goods on the date agreed, he shall be liable to the
Company for any loss occasioned by such failure or refusal, and for any charges thereby incurred by the Company and for a reasonable charge by the Company for the care and custody of the goods whether he has been specifically requested to take delivery of the goods or not. The Company reserves the right to dispose of any goods after 30 days from the agreed date of delivery should the Customer fail or refuse to take delivery of the goods.
(h)Goods supplied in accordance with our standard terms of trade.
(i) Damage or shortages to be notified within 3 days of despatch.
(j) Non delivery of goods must be advised in writing within 14 days of the date of despatch.
7. INSPECTION OF GOODS
(a)The Purchaser shall inspect the goods immediately on delivery thereof. Liability for non delivery of goods cannot be accepted unless the Company is notified in writing within 10 days of the date when the goods are despatched from the Company’s works.
(b)Any shortages, breakages or defective goods must be reported in writing to the Company within 10 days of the date of such delivery and any claims made outside this period will not be recognised.
8. LIMITATION OF LIABILITIES
The Company shall in no circumstances be liable to the Purchaser in respect of any claim howsoever arising (whether based on alleged negligence by the Company or its employees or agent or otherwise) for any loss of profit or consequential loss or damage. In addition to this overriding limitation of liability the Company’s liabilities in respect of all contracts to which these conditions apply and in respect of the subject matter of each contract shall be strictly limited to the provisions of these conditions and all other provisions, representations, conditions, warranties and guarantees (except insofar as they are given under and in accordance with these conditions) and whether express or implied by common law, statute law, trade, custom and practice or otherwise are hereby expressly excluded.
9. TERMS OF PAYMENT
(a)Terms of payment are strictly net at the due date for payment unless otherwise agreed in writing. Payment at due date is a condition precedent to subsequent delivery or any goods or articles and time of payment is of the essence of the contract. All payments are to be made at the Company’s Head Office (unless otherwise requested in writing by the Company) and in the manner stipulated by the Company.
(b)The Purchaser is not entitled to refuse or delay payment on the grounds that the title in the goods has not yet passed as under paragraph 10.
(c)Where the goods are to be supplied or payment therefore is to be made by instalments the failure of the Purchaser to pay an instalment in due time shall entitle the Company to treat such failure as a repudiation of the whole contract by the Purchaser and to recover damages for such breach of contract.
(d)Unless otherwise agreed, payment shall be made in sterling.
(e)Terms net cash 30 days from the date of invoice unless otherwise agreed.
(f) Payment to be made to Head Office, Parkland International, Portland Street, Bury, Lancashire, BL9 6EY, England,
United Kingdom, telephone +44 (0)161 762 9737, Fax +44 (0)161 762 9738.
10. PROPERTY AND RISK
Risk or loss or damage to goods shall pass to the Purchaser at the time the goods are despatched from the Company’s works. Notwithstanding delivery and passing of the risk, legal and beneficial ownership of the goods shall remain in the Company until full payment for the goods has been made. Until ownership passes the Purchaser shall hold as bailee for the Company and must keep the goods free from any charge lien or encumbrance. The Purchaser shall have possession of the goods but shall at all times remain accountable to the Company on a fiduciary basis in respect of the goods or the process of sale of the goods until payment in full therefore has been made to the Company.
The Company shall be entitled to cancel or suspend performance of the contract if the Purchaser(s) shall fail to make a payment due to the Company under the contract or any other account on the due date and/or (b) shall have a receiver appointed, go into liquidation or bankruptcy or cease to trade. Upon any such cancellation the Purchaser shall make available for collection by the Company any goods in the possession of the Purchaser for which payment has been made.
The Purchaser will be responsible for insurance to their full value of any goods not paid for and where the title has not passed under Paragraph 8. The Purchaser indemnifies the Company for the loss, damage to and destruction of any goods where the title still rests with the Company. Any insurance monies payable under this clause shall be held in trust for the Company.
Any claim made by the Purchaser or any successor in title, servant, agent or any other person whosoever whether such claim arises as a result of damage to property or personal injury to or the death of any person whatsoever shall be limited to £500,000.
13. HEALTH AND SAFETY AT WORK, ETC. ACT, 1974
The goods will be fitted with such guarding and other safety devices as the Company may consider necessary to ensure so far as reasonably practicable that the goods are safe and without risks to health when properly used in accordance with operating manuals and instructions. The Purchaser shall be wholly responsible for ensuring that operating personnel are aware of the instructions for proper use and for all costs, claims, damages or expenses arising directly or indirectly from their use of goods other than in accordance with such operating manuals. If the purchaser requires any guarding or other device or provision additional to the above, this may be provided as an addition to specification and the price. Any estimated time for completion will be adjusted accordingly. The Purchaser will be responsible for compliance with any local legislation. All goods are sold subject to requirements that the Purchaser shall give the following undertaking:
“We undertake to make available to those persons who will use these products at work all information concerning the products. We further undertake to take measures to ensure that such information is utilised to ensure, so far as is reasonably practicable that the products will be safe and without risk to health when properly used”
The warranty period is 12 months from the date of installation, but in any case not longer than 14 months after the date of advice for readiness of the machine to be delivered. The warranty shall be with the reservation that the installation is carried out either by us or by a third party recommended by us. The warranty excludes any defects, deficiencies or damages caused due to improper use, faulty installation or assembly by the Buyer or faulty operation by the Buyer.
The warranty excludes all defects due to normal wear and tear of the components such as:
* Rubber tubes for air shafts,
* Rubber bladders for air chucks,
* Valves & inflation guns for air shafts & chucks, * Ball bearings & drive belts,
* Top knife holders and cutters,
* Bottom cutters,
* Electrical fuses,
* Roller coatings (rubber, chrome, cork tape, etc), * Unwind brake liners & diaphragms,
* Quick locks & slip rings,
* All pneumatic components,
* All parts made of rubber, nylon and plastic.
All electronic parts and components of another make will carry back to back warranty of their respective suppliers. The liability of such parts and components will be restricted to the liability claims entitled to us from the suppliers of such parts and components. Our liability under this warranty is restricted to the cost of new replacement parts or repairing of the defective parts, which under normal use appear to be defective in workmanship or material. Transportation charges and all destination clearance charges related to such parts will be borne by the Buyer. If the services of our engineers are required to change these parts, then all travel, hotel and expenses including out of pocket expenses will be borne by the Buyer. This Warranty does not cover any consequential damages such as production loss or loss of profit which may occur from the non fulfilment of warranties. This warranty does not cover any personnel injury or damages to life and health of any person caused by our scope of delivery and/or services.
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