Terms of Sale

Direct CNC Terms and Conditions of Sale

Note: The term ‘Company’ refers to Direct CNC Ltd

1. GENERAL:

The quotation or acknowledgement of order overleaf is subject to the following terms and conditions of Direct CNC which terms and conditions supersede and exclude all general or special terms or conditions imposed or sought to be imposed by the customer at any time; and the placing of an order with the company is to be deemed to be an acceptance of these terms and conditions by the customer which will form part of any contract between the company and the customer (contract). No variation or modification of or substitution for these terms and conditions or any provision of the contract shall be binding unless expressly accepted by the company in writing.

2. QUOTATIONS:

Quotations do not constitute an offer by the company to supply the goods or carry out the work referred to therein and no order placed in response to a quotation will be binding unless accepted by the company in writing. All such acceptances by the company will be subject to availability of the necessary materials and to the company being able to obtain any necessary authorisation and/or licences and the same remaining valid.

Any changes/amendments required by the customer after the order acknowledgement has been agreed will require a further quotation and be agreed by the customer for additional work. All work carried out by the company will be agreed by receipt of the order acknowledgement.

3. PRICES:

Unless otherwise agreed in writing the price payable for the goods shall be the price agreed by receipt of the order acknowledgment from the customer:

  1. Prices quoted or agreed by the company are based on the cost of labour and materials at the date of quotation if any, otherwise on the cost of labour and materials prevailing at the date of agreement. Such prices may be increased by the company in line with any increase in the cost of labour or materials between the date of quotation or agreement and the date of despatch.
  2. Prices quoted or agreed for services supplied by the company are based on the cost of labour at the date of quotation and may be increased in line with any increase in the cost of labour between the date of the quotation and the date of despatch/supply of such services.
  3. Prices for goods purchased by the company from other manufacturers or suppliers are based on prices available to the company at the date of the quotation and may be increased in line with any subsequent increase in cost to the company of obtaining such goods, including any increase attributed to any alteration in exchange rates for pound sterling.
  4. All payments will be made in pounds sterling only unless otherwise agreed in writing at the time of quotation.
  5. If after any price has been quoted or agreed there is any imposition of removal of or alteration in the rates of tax, duty or levy imposed by any government or other competent authority, the price quoted or agreed will be adjusted accordingly.
  6. Where an inclusive price has been quoted or agreed then paragraphs a) and b) apply, any variation in price which otherwise could not be absorbed by the company will be passed on to the client.
  7. Unless expressly stated to the contrary any prices quoted in any agreement exclude Value Added Tax or any other taxes or duties to which the transaction may be subject.
  8. The client shall make the payments provided for under these terms in full and shall not be entitled to make any deduction or set-off against any payment by reason of any claim arising under this contract or for any other reason.
  9. Goods are payable as follows (unless special terms have been agreed at the quotation stage in writing and confirmed with the order acknowledgement); 40% payment with order acknowledgement, 40% payment on completion of installation and 20% final payment on final commissioning of installation. In some cases 100% payment will be required at order acknowledgment stage.
  10. The company reserves the right to charge interest on overdue accounts at the rate of 3% per month of any outstanding balances; this will be charged against the full amount of machine/goods.
  11. Any additional cost for any sub-con work will be agreed at the quotation stage any additional testing required after the agreed quotation will be paid in full by the customer; all tests carried out at the company’s premises are final.

4. GUARANTEES AND LIMIT OF RESPONSIBILITY:

  1. Goods not of the company’s manufacture. The company will so far as it is able to do so in relation to goods, parts or assemblies not manufactured by the company (whether complete items or parts or components comprised in goods manufactured or supplied by the company) give the customer the benefit of any express guarantee or warranty by the manufacturer or the supplier so long as such guarantee or warranty by the manufacturer or the supplier to the company thereof and of any other rights which the company may have against any such manufacturer or supplier so long as such guarantee or warranty or other rights continue to be available to the company (guarantee period). Where the order acknowledgement specified a warranty or guarantee the terms of such warranty will apply.
  2. Second hand or used goods if second hand goods are supplied to the company under warranty all goods supplied to the customer will be covered by the suppliers guarantee.
  3. The company will repair or at its option replaces any goods which are or have become defective due to fault design, material or workmanship provided that:
  • That they did not rely upon the companies’ skill or judgement in the selection of any goods.
  • That the goods are not sold or supplied as being fit for purpose.
  • That the client has used his/her own skill, judgement and knowledge.
  • That they have not been induced to enter into the contract by any representation made by or on behalf of the company by a third party.
  1. Point (c) will only be covered if:
  • All payments due in respect of such goods have been made in full.
  • A claim is made to the company in writing promptly and in any event before the end of the warranty.
  • No repair or attempted repairs have been made by anyone other than the company or its servant or agent.
  1. That the company will compensate the client and any ultimate client for direct damage to the property of the client, or the ultimate client including any goods sold or supplied which are being commissioned by the company provided that the total liability for damage to property shall not exceed contract price. The company will be provided with a reasonable amount of time to carry out any repairs.
  2. A claim in any respect of any defect or failure to comply with the specification or order in respect of any delivery or instalment of an order or any part thereof shall not entitle the customer to cancel or refuse delivery of or full payment for any order or goods.

5. ILLUSTRATIONS/DRAWINGS AND DESCRIPTION:

  1. Any Photographs, drawings, descriptions, Illustrations, weights, dimensions, capacity, output or other data submitted are approximate only and intended only as a general guide and must not be taken as binding in detail and the company will not be liable for any error or omission therein or with regard thereto.
  2. All drawings are the property of the company and must be agreed with the customer at order acknowledgment for any copies. The company reserve the right to change any specifications as long as the change does not affect the ability of the goods/machine or control to perform its task.

6. DELIVERY, PACKAGING AND DELAYS:

  1. The delivery date or time stipulated in the contract/quotation are approximate only and unless otherwise expressly stated time is not of the essence for delivery.
  2. The company will not be liable in any circumstances for the consequences of any delay in delivery for any goods supplied not unless the customer and company have agreed in full at the acknowledgment stage and by letter that late delivery charges will be incurred by the company. If the delay is down to sub-contractors or suppliers a late delivery charge will not be incurred by the company.
  3. No delay shall entitle the customer to reject any delivery or instalment of any part or order from the customer or to repudiate the contract.
  4. The company shall not be liable for the failure or delay in delivering any goods or any service which is due directly or indirectly to hostilities, riot, civil commotion, strikes, lockouts, industrial disputes legislation or official regulation, seizure detention or forfeiture under legal process, wilful damage, unavailability of transport, natural causes such as acts of nature, earthquake, flood or tempest or fire, accident, theft or any other cause out of the companies control. If the company is prevented by any of the foregoing from performing any contract either within a reasonable time or at all it may by notice to the client cancel any contract, all rights and liabilities created by or arising as a result of the contract shall cease save for liability of the company to return any payment made to it.
  5. Where goods are sold packed the extent of the packing and/or protection will be at the company’s discretion unless the customer stipulates special packaging which as such the packing will then be charged against the customer as extra.
  6. Where goods are sold as ‘loaded on site’ the whole package whether a single item or multiples will be at the customers risk as soon as loaded.
  7. Where goods are sold as ‘loaded on site’, delivery to the customer will be despatched by any means of transport at the company’s discretion. The customer will be responsible for unloading and providing any additional labour and equipment and will be responsible for any damage caused by unloading. Unless expressly provided to the contrary the unloading of any item is the responsibility of the customer and any employee of the company who is asked. Volunteers will do so as an employee of the customer and any loss/damage in transit or shortage will be accepted by the customer and no defaults will be accepted by the company.
  8. Unless stipulated and agreed in writing any goods/products sold and not collected within 14 days of notification by the company to the customer will incur a storage charge, the charge per week will be sent to the customer and will be at the discretion of the company and not the customer.
  9. If the product/goods are destroyed or damaged at any time before despatch the company shall be entitled to cancel the contract without incurring any liability for loss or damage resulting from such cancellation.

7. INSTALLATIONS AND COMMISSIONING:

Where the contract involves work carried out off-site the company shall be under no liability whatsoever for any injury/loss or damage to the customer or his contractors, employees or invitees or any other person what so ever except where the same is due to the negligence of the company or its employees and the customer shall indemnify the company against any claim by third parties.

Where the company agrees to commission any goods, the customer shall provide convenient and suitable access and facilities; including lighting and electrical power, and will comply with the terms and conditions of the Factories act 1961, the Health & Safety at Work Act 1974 or any re-enactment or modification thereof and any similar legislation and any subordinate legalisation there under.

The company may employ sub-contractors for additional services without notice or consent of the client/customer. No customer/client may employ sub-contractors to carry out tasks on any goods/products unless agreed by the company.

8. CANCELLATIONS:

Any cancellation by the customer of the contract resulting from the customer’s order or part thereof in the absence of any material/product failure on the part of the company to perform its obligations under the contract will be deemed as breach of contract of which the company shall be entitled to claim and be paid a cancellation charge according to the costs, expenses and damages, including loss of profit.

9. INTERPRETATIONS:

The construction, validity and performance of contracts governed by these terms and conditions shall be in accordance with the laws of England and Wales.