Definitions
The “Company”, “we”, “us” & “our” means Hadron Engineering Ltd. The “Contract” means the agreement to supply goods or services incorporating these terms & conditions. The “Services” means servicing, surveying, erecting, installing, supervising, testing & commissioning etc. The “Goods” means equipment & materials supplied under the terms of the contract including reconditioned and exchange goods where appropriate. The ”Reconditioned goods” means used units (whether or not originally supplied by the Company) which have been reconditioned by the Company. The “Exchange Goods” means any used units provided by the Customer in exchange for reconditioned goods. The “Customer”,”you” & “your” means the purchaser of those goods or services with which the Company Contracts. The “Terms” means the terms & conditions set out in this document together with any additional terms agreed in writing and signed by an authorised signatory. “Authorised signatory” means a person authorised by the Company to sign on our behalf.
The Contract shall only be deemed to exist once a written order has been received from you and has been accepted by us in writing. Acceptance by you of any quotation, equipment, drawings or services shall constitute acceptance of our terms and conditions and no terms and conditions in your order shall be binding upon us unless specifically agreed to in writing and signed on our behalf by an authorised signatory.
Prices for goods or services stated in any quotation will be in £ Sterling unless otherwise stated and are exclusive of any VAT prevailing at the time and do not include for packing, carriage and insurance. All taxes and any other charges imposed by any governmental body or other authority, foreign or domestic, shall be for your account. We reserve the right to revise the quoted price of any bought in item to reflect any increase imposed by the supplier at the actual time of purchase.
Title of Goods
All goods will remain the property of Hadron Engineering Ltd until paid for in full and no other amounts are outstanding from you to us. Until title of the goods passes you will hold the goods in a fiduciary capacity and as our bailey. The goods shall be kept properly stored and protected, separate and distinct from all other of your property and of any third party and shall be insured with a reputable insurance company for their full replacement value. You must not remove any nameplates, labels, markings or signs.
Delivery & Risk
Unless otherwise agreed in writing all prices are quoted “Ex Works”. Delivery will be deemed to take place when the goods leave our premises at which time risk will pass from us to you. We will notify you when the goods are ready for collection and we reserve the right to pass on storage charges and any other associated costs if not collected within 14 days. If you fail to pay by the specified due date, delivery will be deemed to have taken place on the date you were notified that the goods or services were ready for collection.
Delivery times for standard and bespoke goods can be between immediate despatch upto 30 weeks.
Non Conformity & Shortages
Claims for non-conformity or shortages must be notified in writing within 5 working days of receipt.
Loss or damage in transit
If we arrange delivery at your request, any loss or damage in transit must be notified in writing within 5 working days of despatch. If you cannot inspect the goods on receipt you must mark the delivery note “Not examined” otherwise you will be deemed to have accepted the goods as delivered and satisfactory.
Drawings & Specifications
All sizes, weights and performance figures contained in our sales literature are approximate and not binding on the Company and we give no guarantee that the goods will be identical. We reserve the right to alter the specification of goods in line with our policy of continuous improvement without prior reference to the customer providing that such alteration does not materially alter performance, form, fit or function. All Company information including but not limited to software data, drawings, designs, specifications, narratives, photographs and sketches remain the property of the Company and shall not be used or disclosed except as may be necessary in the performance of the work.
Testing & Inspection
All goods are tested and inspected prior to delivery. If you wish to carry out your own inspection or witness any standard test, this will be at your own cost. This must be done within 3 working days of written notification or the inspection and/or test will proceed in your absence and you will be bound thereby to such tests and/or inspection. Special tests which are not part of our standard procedures will only be carried out if practical and acceptable to us and all costs will be to your account.
Warranty
All Company products are guaranteed against faulty materials and workmanship for a period of 1 year from the date of first application of driving power or 18 months after delivery, whichever is earlier, unless otherwise agreed by us in writing. Bought in items included in any contract will be limited to our supplier’s terms of warranty. Regardless of the commencement date of the warranty period, you will not be entitled to the benefits of any warranty until title for the goods has passed to you. Claims must be notified in writing as soon as a fault is observed and carriage of the alleged faulty item to and from our premises will be at your cost and risk. We reserve the right to repair or replace the item as we see fit. Your statutory rights are not affected by these terms.
Payment
Time for payment shall of the essence. Unless otherwise agreed in writing: For approved credit account customers – Payment in full within 30 days of the date of invoice. For non credit account customers – Payment in full within 5 working days of notification that the goods are ready for despatch. Under the Late Payment of Commercial Debts (Interest) Act 1998, we reserve the right to charge interest at 8% above Bank of England reference base rate for any part of the contract price which remains outstanding after the due date.
Contracts for Services
Services to be performed by us at your site or premises will be done during normal working hours unless specifically requested by you when you agree to pay for this at the Company’s overtime rates. You agree to provide free and safe access and proper storage for all goods, tools, plant, equipment and materials. Provision must be made to enable our staff to complete the work safely and in one continuous operation. Undue hindrance or delays will be subject to additional charges at our hourly rate or overtime rate as appropriate.
Reconditioned / Exchange goods
Where reconditioned goods are supplied on an exchange basis you must, at your cost & within 7 days of receiving the reconditioned unit from us, present at our premises a similar unit in fully assembled state not deficient of any major parts and in a condition acceptable to us for the purpose of reconditioning. It will immediately become our property. Failure to comply will incur a surcharge.
Units for Repair
When you send a machine to us for repair, you must provide us with an order for an agreed amount to cover dismantling, assessment & quotation. If you decide not to proceed with the repair we will invoice you for this amount only. Machines not collected within one month of the quotation date will become our property to dispose of or use as we see fit. All machines must be cleaned before shipment to our premises and a certificate attached confirming that this has been done and that there is no health hazard to our staff.
Exports
If you are exporting the equipment and arranging your own shipment, you must supply us with proof of export no later than I month from the date of collection of the goods from our premises or you will be liable for UK Value Added Tax at the prevailing rate.
Limits of Liability
The goods and/or Services are supplied strictly on the understanding that you have satisfied yourself as to their suitability for the intended task and we shall not be liable for any loss or damage suffered by you as a result of any recommendation or suggestion given by us unless specifically warranted in writing. We shall not be liable at any time for economic loss, loss of production, loss of profit, loss of opportunity, loss of bargain or other indirect or consequential injury, loss or damage of whatever nature suffered by you and our total aggregate liability for direct loss or damage (whether due to our negligence or otherwise) shall not exceed the contract price of the goods and/or services in respect of which your claim is made. Nothing in these conditions shall limit or exclude our liability in respect of death or personal injury resulting from our negligence or our employees or agents or any other liability which may not be limited or excluded by law.
Performance
Any performance figures given in a quotation are based on our experience and reflect actual test results. We do not give any guarantee either directly or implicitly as to performance in any particular application unless specifically agreed in writing.
General
We will use all reasonable endeavours to comply with agreed aspects of the contract but accept no liability where we are prevented or hindered by circumstances beyond our control including (but not limited to) strikes, lockouts or other industrial action, inability to obtain materials or labour, power or machinery breakdown or failure, fire, flood or civil commotion. Each and every contract made by us under these terms & conditions shall be governed by the law of the court of England. No alteration or qualification of these terms and conditions shall be effective unless in writing and signed on behalf of the company by a director or other authorised officer of the Company. No other person has authority to alter or qualify the above printed terms & conditions or to enter into any other contract.
