Terms and Conditions of Sale
All orders and contracts for the sale or supply of goods and services are accepted by Enigma Engineering Solutions Ltd (the company) on the following terms and conditions. Quotations that are subject to special terms and conditions that may supersede, extend or add to the following will be so indicated by the company in writing at the time of the quotation.
All prices quoted are exclusive of value added tax. The Seller has the right to correct any error in a quotation. Quotations will remain valid for a period of 30 days.
Any goods purchased for export are quoted for sold and delivered ex-works any packaging or carriage will be charged for at extra cost.
No obligation shall arise as a result of a quotation, price list, or any written or verbal offer until the company accepts in writing a written order from the person, company, or other organization with whom the sale or supply of goods or services is conducted (the purchaser). In the event of any inconsistency between the company`s and purchasers terms, the company`s terms shall prevail unless and until, variation by express written agreement is accepted by both parties.
A written purchase order containing a purchase order no. delivery address, invoice address, delivery date and details of the type and quality of goods required must be supplied to the company before any delivery will be made. Upon receipt of such order, the company will acknowledge its acceptance by writing to the purchaser at the invoice address, confirming the order details and any special terms and conditions, given in the quotation that shall prevail.
Where the work involves access to a customer’s plant or equipment it is the responsibility of the customer to ensure that all such plant items are made available to the company at the appointed time. The company undertakes to contact Customers nominated representative either by phone fax or email prior to each scheduled visit, in order to ensure that the necessary arrangements are made.
In the event of none availability of plant, the company reserves the right to make additional charges to cover the cost of a repeat visit to access the plant at a later time. In the event of plant and equipment not being available at the time of the survey, the full fee is still chargeable.
Ownership of any goods supplied for sale or hire purchase will remain with the company until all payments are made in full. Title of all goods supplied under a lease or hire purchase agreement will remain with the company at all times. The purchaser agrees to return the goods to the company in good working order at the expiry of the lease or hire period. If the goods are returned late, a pro- rata charge will be made.
Payment for services and goods supplied will be strictly 30 days from the date of the invoice or as otherwise stated. Payments will be in Sterling and by cheque or bank transfer. Goods will be invoiced at the time of delivery. Services supplied will be invoiced upon completion of provision of the services unless otherwise agreed.
The company reserves the right to charge interest at 3 % above the current London Inter- Bank borrowing rate per annum on any unpaid amount from 30 days after the date of the invoice.
Some contracts for the supply or manufacture of goods will require payments to be made on an installment basis. If so, we will set out the terms before work commences or goods are ordered.
Disputes of payment between the company and the purchaser must be supported in writing by a statement from the purchaser to the company explaining its reasons for the disputed invoice. This must be conducted within 14 days from the date of the invoice in question.
Cancellation of a purchasers order and/ or the contract can only be accepted after prior negotiation and agreement. In the case of default the purchaser shall be liable to compensate the company for any partly finished products or work and for the purchase of any special tools material or stock held to carry out the purchasers order.
The company reserves the right to cancel or terminate any agreement or contract, without prejudice to any other rights or remedy of the company, in the event of the appointment of an administrator, administrative receiver or liquidator to the Customer, upon the presentation of a petition for the winding up of the Customer or if any payment due from the customer is overdue for a period of 30 days.
Non Delivery of Goods and Returns
No goods may be returned to the company without prior written consent, unless they were sent in error by the company or received by the customer in a faulty or damaged condition. It is the Customers responsibility that the goods are returned to the Customer in an as delivered condition, including associated packing and literature. It is the Customers responsibility to refuse any damaged items as soon as practical after delivery but at the latest within 10 days of the delivery date. If the company is not advised within 10 days of the expected delivery date that no delivery has occurred, or that faulty delivery has been made , it will be assumed that the purchaser has received the goods has inspected and accepted them, accepting liability for the delivered goods.
The company will, at its discretion, repair or replace any product in which, under proper use and within 12 months of dispatch, defects appear due to inferior design, faulty materials or workmanship. All products should be returned at the purchaser`s risk suitably packaged and with carriage paid, within 12 months of dispatch and with an advice note detailing the original invoice number relating to the product. In the case of a temporary repair, no warranty claim will be accepted or can be claimed unless evidence is produced within 14 days of the goods or services been returned back to the customer, that the defect or failure is due to inferior design, faulty materials or workmanship. With regards to a design service, should any deviation or alteration be carried out without written consent or modifications or repair be made to a product by the purchaser, for whatever reason this will invalidate the warranty. Any item added to the design or product should be removed before return to the company. If such items are retuned the company will accept no liability for the said items and will assume that it is authorized to remove any attachments but will not be obliged to reconnect such items before returning the product to the purchaser.
The company accepts no liability for the purchaser purchasing goods in advance of any completed document listing the correct said items and having further documents to support the company’s final proposal.
This warranty excludes, and no liability can be accepted for consequential damage, loss or delay in delivery arising from a defective product or inferior service deemed by the company to be beyond its control.
The company reserves the right to assign or subcontract any or the entire contract to one or more subcontractors
The company shall have no liability in respect of damage, expense or consequential loss arising from the failure or delay in delivery or in performance of any obligations under the contract, due to any cause either within or outside the company’s control. Causes shall include, but not limited to act of God, fire, flood, war, civil disturbance, riots, and act of Government, industrial disputes or failure by any subcontractor. No liability can be accepted, by the Company for any expenses or consequential loss arising from either the failure to provide information, or statement made by the Company`s agents or representatives as to the specification of any product or suitability for defined purposes.
The company shall have a general lien in respect of all sums due from the purchaser upon all goods to be supplied or upon which work has been done on the purchasers behalf, and twenty- eight days from written notice to the purchaser, may sell such goods and apply the proceeds towards the satisfaction of the sums due to the company.
Any questions relating to any contract subject to these terms and conditions of business, or agreed amendments to same shall be determined in all respects by English Law.