Terms and Conditions
All risks, damage or loss to goods shall pass to the customer on delivery. In the event that the customer fails to take delivery without good reason, risk in the Goods shall also be deemed to have been passed to the Customer at the time of attempted delivery. The Customer must ensure that prior to the provision of the Services the Goods will be stored at a dry and secure location.
- The Customer shall ensure that its premises and services at its premises are safe, so as not to cause injury or damage to the Company’s employees, sub-contractors, equipment or the Goods. The Customer shall be liable to pay to the Company on demand all reasonable costs charges or losses sustained including direct, indirect and consequential loss, loss of damage to property and losses arising from injury or death of any person arising directly from the Customer’s negligence or failure to perform their obligation under this clause.
- Notwithstanding delivery or any other provision of these terms and conditions, the title and ownership in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the Price. Until ownership has passed the Customer shall hold the Goods on a fiduciary basis as the Company’s bailee and must maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf.
- Where the Company is not the manufacturer of the Goods, the Company shall use its reasonable endeavours to transfer to the Customer the benefit of any warranty or guarantee given to the Company.
- The Company warrants that subject to the other provisions of these terms and conditions upon delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
The Company shall not be liable for a breach of the above warranty:
- if the Customer fails to give written notice of any defect to the Company; or
- if the Customer does not allow the Company a reasonable opportunity to inspect the Goods after receiving such notice; o
- If the Customer makes any further use of the Goods after giving such notice; or
- If the defect arises because of the Customer’s mis-use, general wear and tear or if the Customer failed to follow the Company’s oral or
- written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or
- If the Customer alters or repairs such Goods without the written consent of the Company; or
- if the Goods are altered, tampered with or in any way damaged by other contractors/ persons working on the premises after the initial installation has taken place.