GREEN CAR DEPOLLUTION LIMITED
STANDARD TERMS AND CONDITIONS OF QUOTATION AND SALE
Green Car Depollution Limited, the company (Vendor) is abbreviated in the following document to GCD
- When a quotation is ‘given’ it applies only to the enquiry which initiated it and is subject to the terms and to the conditions. A quotation must be considered as withdrawn at the expiration of Thirty (30) days from its date unless otherwise stated therein or unless it has been previously withdrawn by its originator in writing. Any general or special conditions inserted into quotation or annexed thereto shall form part of and in case of conflict prevail over the conditions.
- All contacts of sale shall be subject to the following conditions which cannot be varied, suspended or added to except with the prior written consent of GCD. Any variance of these terms and conditions shall have no effect unless agreed by GCD in writing.
- Orders are binding following acceptance by GCD. A cancellation, suspension or variation by the Purchaser shall only be valid if agreed by GCD. in writing and such agreement will only be given if payment of adequate compensation by the purchaser to GCD. for expenses incurred in connection with the contract and loss of profit. An order will be deemed as written or verbal instructions by the Purchaser or employees or representatives of the Purchaser for the provision of goods and services. GCD cannot accept any responsibility for incorrect instructions or orders by the employees or representatives of the Purchaser which do not follow the Purchasers own internal Purchasing procedure.
- Any extra cost incurred by GCD. owing to suspension of the work on the Purchaser’s instructions or by reason of unreasonable lack of instructions or incorrect instructions, variations or interruptions. Site delays for which GCD is not responsible shall be added to the contract price and paid for accordingly.
- Quotations relating to work on purchaser’s site assumes access to works on weekdays between the hours of 8am to 5pm. Extra cost incurred by GCD due to shortening of access to site by the purchaser will be charged.
- Time stated for delivery in quotations and order acknowledgments is estimated as accurately as possible but is not guaranteed.
- GCD cannot accept any responsibility for delay in despatch, or non-fulfilment or delayed fulfilment of the order due to war, riot, restraint of Government, strikes, lockouts, disputes with workpeople, shortened hours of labour, fire, accidents, non-availability of materials, stoppages of or interference with transport, compliance with Government requirements or any cause which the GCD had no power to avert.
- Where the terms of quotations include provision for inspection and tests of any description, the same shall be final at our works unless otherwise stated.
- The Purchaser is responsible for any damages or failure in goods installed and fitted by the purchaser. GC D warranties exclude any of its products or services damaged by the suppliers neglect, or abuse by any party other than GCD or its subcontractors or subjected to an unsuitable physical operating environment, installed or maintained by any party other than GCD, its subcontractors or its authorized service providers or used in a non competent manner.
- GCD provides equipment manuals and the purchaser is responsible for providing their own site operating procedures and site operating risk assessments.
- Warranty: Any goods returned and accepted as defective by GCD will be replaced or, at GCDs option, made serviceable for their original purposes free of charge, providing such goods returned in the same condition in which they were received from GCD and within the relevant warranty conditions for the goods concerned. Any Services provided by GCD and accepted by GCD as defective will be corrected by GCD. The specified warranty period shall begin at delivery to purchaser or at the request from the Purchaser to delay the delivery; the warranty start date will be the date of the notification of the delay.
- Consequential Loss: GCD will not be liable for all consequential losses of income or loss of profit or direct or indirect losses as a result of delay or defective goods.
- All goods are to be signed for on delivery and signed ‘Unexamined’ if they cannot be examined on receipt. Loss or damage should be reported to the carriers within three (3) days of receipt and non-delivery within seven (7) days of despatch, shortages or loss should be addressed to GCD’s sales department within the above time limits. In the event of failure to do so the goods shall he deemed to have been delivered complete and in satisfactory condition.
- Site repairs and servicing will be charged at the current rate per hour including site time and travel, unless otherwise agreed in writing by GCD. Parts will be charged as used. Job description and parts will be detailed on the GCD’s engineer’s report, to be signed at satisfactory completion by the Customer. In the event of the Purchaser leaving site or the Purchaser not making a representative available for inspection and signature on the Engineers completion, the work and goods will be deemed by the Purchaser to be satisfactory.
- The Purchaser shall indemnity GCD against all damages, penalties, costs and expenses arising out of the infringement of any patent or registered design (or any claim for such infringement) involved in work carried out in accordance with the order. The Purchaser will recognise that materials supplied by GCD may be subject of patents, patent applications, design registrations, etc., .Any technical drawings, General arrangement drawings, schematics and designs remain the property of GCD. Any information or designs supplied by GCD will be treated in confidence by the purchaser.
- All quotations are subject to any increase in wages and/or materials or transport between their date and the date of acceptance and during the currency of the contract.
- Purchasers with open accounts will, unless otherwise agreed in writing by GCD shall pay for the goods net cash within 30 days of the invoice date. Interest will be charged monthly on all overdue amounts including interest charges at a rate of 11/2% per calendar month. All capital
sales will require a deposit invoice, and stage payments, the terms as agreed in writing by GCD The Company reserves the right to withdraw open account tenors at any time.
- All prices are quoted ex-works and without Value added Tax unless otherwise stated or agreed in writing with GCD.
- Delivery is deemed to be effective and the risk in the goods shall pass:
In the case of goods to be supplied C.I.F. or F.O.B. – when the goods pass over the ships rain at the Port of Shipment
In the case of goods to be collected by the Purchaser or the purchaser’s agent – when the goods are loaded onto the vehicle collecting them.
In other cases – when the goods are delivered to the address nominated to the Purchaser or the Purchasers agent for unloading and delivery
- Property of the goods shall pass to the Purchaser only on payment in full to GCD of all sums payable in respect thereof. Until such payment is received the goods remain the absolute property of GCD and the Purchaser shall allow GCD the repossess such goods as its entire discretion and at any time prior to payment in full therefore. Such repossessions shall not affect the continued existence of any contract between the parties.
- In instances when the goods are required to be installed the Purchaser is responsible for site preparation and the provision of supplies and services which may be required. Any delay in site preparation or the provision of services resulting in additional time and expenses by GCD will be charged.
- GCD reserves the right to alter the design or construction of goods at any time without notice.
- The Purchaser will bring to the attention of those who use goods all instructions provided by the GCD on their use (including precautions to be taken) and will secure that they have the necessary skill and understanding in respect of their use.
- The Purchaser will be responsible for all relevant local Environmental licences and Site and planning notices,
- The Purchaser will be responsible for ensuring that the equipment and services purchased from GCD are appropriate and comply with all the Purchasers national and local government legislation to include Health and safety, Environment, Fire and Machinery standards.
- The terms and conditions shall be governed by and interpreted in accordance with the laws of England.