All quotations are made and all orders accepted to the following conditions. All conditions of the customer and other conditions whatsoever are excluded from the contract or any variation thereof, unless expressly accepted by the company in writing. The company being Ramko Hydraulic Cylinders.
All prices are as stated in the price list, less any discounts given in writing. The company reserves the right to vary the discount. A minimum of 14 days notice will be given. Any alteration in requirements shall entitle the company to make an adjustment in price corresponding to that alteration. The cost of carriage and packing is not included in the list price or any specifically quoted price. Carriage will be charged according to delivery requirements.
Time for delivery is given as accurately as possible. The customer does not have the right to claim for costs or to cancel an order if the required delivery time is not achieved. The company shall endeavour to comply with reasonable requests by the customer for postponement of delivery but shall be under no obligation to do so. Where postponement is agreed by the company, in writing, the customer shall pay all costs including a charge for storage occasioned thereby.
- Risk: Insurance, title
Risk shall pass to the customer when the goods or relevant part thereof leave the premises of the company for delivery to the customer notwithstanding that the company may arrange delivery. Title of the goods shall pass to the customer when payment, in full, has been made under the contract.
Cancellation of an order for goods not listed in the catalogue / price list will not be accepted by the company. However, the company may, at its discretion agree to cancellation on the strict condition that all expenses, loss of profits and other loss or damage resulting to the company up to the time of cancellation will be reimbursed by the customer forthwith.
- Terms of payment
All credit accounts shall be net monthly due payable 30 days from the end of the month of purchase. No disputes arising under the contract or delays beyond the control of the company shall interfere with the prompt payment by the customer. In the event of default of payment by the customer the company shall be entitled to suspend all further deliveries without notice.
- Shortages and defects apparent on inspection
Any claim for shortages or defects apparent on inspection will only be considered if; the customer inspects the goods immediately on arrival at their premises and signs the carriers docket accordingly, a written complaint is made to the company within 7 days of receipt of goods, and the company is given the opportunity to inspect the goods. If a complaint is not made to the company as herein provided then the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be bound to the contract and pay for the same accordingly.
- Fit for purpose
Applications for the use of any hydraulic rams made by the customer or by the company using Ramparts or any request to the company under contract shall be the responsibility of the customer. No liability for failure as a result of incorrect application or use, fair wear and tear shall attach to the company.
Save as provided by condition 7 hereof the company agrees to replace or repair at its discretion goods or part of the goods supplied by the company and proved to the company’s satisfaction to be faulty (fair wear & tear excluded ) provided such fault to be notified within 6 months of the date of dispatch from the company’s premises. The customer acknowledges that the goods were purchased in the course of business and not for private use and the customer knows the extent and meaning of this clause and the limitations thereby imposed by and upon sections 13,14 and 15 of the sale of goods act 1979.
The company’s liability, whether in respect of one claim or in aggregate, arising out of any contract shall not exceed the purchase price under contract.
- Customer’s drawings
The company accepts no responsibility for the accuracy of information supplied by the customer. The customer shall indemnify the company against all actions, claims, costs and proceedings which arise due to manufacture of components to the drawings and or specifications of the customer where such drawings and or specifications shall be at fault or where it is alledged that they involve an infringement of any exclusive right.
All illustrations, weights, measures specifications set out in the catalogue are statements of opinion and are provided for information only and form no part of the contract.
The company shall be entitled to appoint one or more subcontractors to carry out all or any of its obligations hereunder.
The company shall be governed and interpreted exclusively according to English law