Terms and Conditions
These conditions of sale override any clauses in Buyer’s purchase orders and in any other communication if in conflict therewith TURBO Controls hereinafter known as ‘the Company’.
You (hereinafter referred to as “the Buyer”) accepts goods and services with the foregoing understanding, agrees to communicate the same in writing to any subsequent purchasers or user and to defend, indemnify and hold harmless the Company from any claims, losses, suits, judgments and damages, including incidental and consequential damages arising from such use, whether the cause of action be based in tort, contract or otherwise, including allegations that the Company’s liability is based on negligence or strict liability.
All prices are quoted ex-works. The Company reserves the right to alter the prices or terms offered to any Buyer without notice. Prices and terms shall be those ruling at the date of dispatch.
CARRIAGE & PACKING
Carriage and packing will be charged extra as per charge schedule in force at time of order. Special packing or delivery method will be subject to separate quotation.
Purchases through the www.turbocontrolspares.com are subject to pay on purchase. The Company’s standard terms of payment are 30 days from month end on credit. Overdue invoices may be subject to interest charges at 5% above Barclays Plc base lending rate. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
Time for delivery is given as accurately as possible but time shall not be of the essence. The Company shall use all reasonable endeavours to meet any date given for delivery. The customer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery time stated. Delivery shall be deemed to take place when the goods arrive at the Buyer’s designated address and all risk in the goods shall pass to the Buyer upon delivery. The Company must be advised in writing within five days of delivery to the Buyer’s designated address if the goods supplied are damaged or do not comply with the Buyer’s purchase order.
RETENTION OF TITLE
1) Until the Company has been paid in full for the goods comprised in this or any other contract between them, the goods comprised in this contract remain the property of the Company although the risk passes to the Buyer at the point of delivery in the contract.
2) If the Buyer fails to pay for the goods on the due date or commits any act of bankruptcy or if any resolution or petition to wind up the Buyer’s business shall be passed (other than for the purpose of amalgamation or reconstruction) or if a receiver of the Buyer’s undertakings is appointed the Company may recover possession of the goods at any time from the Buyer and for that purpose the Company, our servants or agents may enter upon any land or building upon which the goods are situated.
3) The Buyer has the right to dispose of the goods in the course of his business for the account of the Company and to pass good title to the goods to his customer being a bon afide purchaser for the value without notice of the company’s rights. In the event of such disposal the Buyer has the fiduciary duty to the Company to account to the Company for the proceeds (which shall be kept separate and identifiable from the Buyer’s own monies) but may retain there from an excess of such proceeds over the amount outstanding under this or any other sale contract between them.
Equipment supplied by the Company carry only the warranty (if any) of their makers and the Buyer is entitled to the benefit thereof only so far as the Company have the power to transfer it.
1) The Buyer agrees that apart from the expressed terms contained herein or in the quotation or in any document expressly stipulated therein to form part of the contract and to be outside the provisions of this clause no statement or representation has been made the Buyer warrants that he understood it to be a statement of opinion only and did not rely on it.
2) No liability is accepted for any direct or indirect costs, damage or expenses relating to damage to property or injury or loss of any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the Company.
3) The Company’s liability in respect of goods supplied shall be only to the Buyer and shall be strictly limited to free replacement of goods notified within five working days from date of delivery to the Buyer’s designated address.
4) The company’s liability, whether in the respect of one claim or in the aggregate, arising out of any contract shall not exceed the purchase payable under the contract.
Illustrations, weights, measures, specifications and performance schedules set out in the sales literature of the Company are statements of opinion and are provided for information only and form no part of the contract.
The Buyer shall have no right to cancel any order once placed. Notwithstanding the preceding sentence, the Company may at its absolute discretion agree to cancellation of an order with the Buyer. Where the Company agrees to such cancellation; cancellations shall be on the strict condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss of profits and other loss or damage resulting to the Company by reason of such cancellation will be reimbursed by the customer to the Company forthwith save that the total amount payable shall not exceed the total price paid for the goods by the Buyer.
GOODS LOST OR DAMAGED IN TRANSIT
Any claim must be notified in writing by the Buyer to each of the Company and to the carriers delivering the goods. Notice to the carriers shall be addressed to the carrier’s receiving station or depot. Such notice must be made within the following time limits:
1) Partial loss, damage, or non-delivery or any separate part of a consignment or part consignment must be notified within 24 hours of the delivery of the rest of the consignment.
2) Non-delivery of whole consignment to be notified within 14 days of date of dispatch shown on the advice note or within 5 days of the estimated delivery date, whichever is sooner.
3) In case of goods damaged or lost in transit to destination abroad, notification must be made within 7 days from receipt of goods (or if lost within 30 days after they were due to arrive)
RETURN OF GOODS
If the Company agrees that goods may be returned, then they may only be returned with the Company’s permission in writing. For standard stock items the Buyer will be required to pay to the Company a handling charge of 10% of the list price of such returned goods. In the case of special items (non standard) the handling charge will depend on the value to the Company of the returned goods and will be notified to the Buyer by the Company when giving its permission to return the goods. By returning the Goods, the Buyer agrees to the payment of the handling charge notified to it by the Company.
Equipment is sold subject to the Company’s standard form of test procedure. The Company’s standard letter of conformity will be supplied on request. Multiple copies of the letters of conformity and all special testing and or special certificates are subject to an extra charge.
This contract will be deemed to be subject to the law of England and any disputes arising out of any contract made between the Company and the Buyer shall be heard and determined by an English Court of competent jurisdiction or, at the option of the Company, shall be submitted to arbitration in accordance with and subject to the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.