Terms and Conditions – Stakapal
1) VALIDITY – This quotation is not an offer and no contract shall come into existence unless and until we accepted in writing your order to carry out the service or supply the goods specified in the quotation. Unless otherwise expressly agreed in writing the contract shall be on these terms. 2) VARIATION – Unless otherwise stated, this quotation is based upon today’s prices for materials, labour, transport and taxation (where applicable). The nature of the products and services we supply means our costs and expenses are subject to variation. Accordingly the price quoted is subject to reasonable adjustment at our discretion to reflect any variation in our costs and expenses during the period between the date of the quotation and the date of the completion of the contract. 3) PAYMENT – We accept payment by credit card, debit card or cheque. Most major credit cards are accepted, cheques must be cleared prior to despatch. 4) PRICING – All prices are exclusive of VAT and delivery. Delivery is usually available in 3 – 5 working days, but may be extended for certain products. 5) DELIVERIES – a) We shall use reasonable endeavours to complete the contract within the time agreed. b) Time for delivery of the goods and/or performance of the services shall not be of the essence. 6) GUARANTEE – a) If during the period of six months from the date of completion of the contract any article delivered by us is found to be defective due to our faulty workmanship or material, we shall at our option repair or replace the faulty article, provided such article is returned to us within a reasonable period starting from the date you discovered or ought to have discovered the defect. b) Unless otherwise agreed, defective parts must be returned to us carriage paid. 7) LIMITATION OF LIABILITY – a) Our entire financial liability to you shall be limited to the value of the goods supplied; and b) We shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the supply by us of goods and/or services. c) Clauses 7a and b above shall not act so as to exclude or restrict claims for fraud or anything else for which it may be illegal to exclude or restrict liability. 8) SITE CONDITIONS – In all cases it is your responsibility to ensure that the walls, floors, fabrics and structure of the building are adequate to withstand the loads imposed by our structure or equipment and unless otherwise stated this quotation does not include: a) The clearing, preparation of the site or levelling or b) The provision of scaffolding or hoists: or c) The unloading or safe-keeping of materials or fittings; or d) Any work necessary at the site after materials have been erected; or e) The work specified in clause 9 and 10 hereof: or f) We do not include for cutting out or making good concrete or brickwork. 9) ERECTION – In cases where the quotation includes erection by us you shall provide adequate access to the cleared and prepared site and our quotation is made on the basis that erection will be undertaken during normal working hours. Work carried out at other times at your request will be subject to an extra charge. 10) ELECTRICAL EQUIPMENT – It will be necessary for you to carry out all electrical wiring work between your mains, motors and starters and other electrical apparatus. In the case of contracts for mechanical handling equipment requiring electrical apparatus we include for the supply of necessary electrical motor, but we do not include for the supply of the starter or control gear.11) GUARDING OF MECHANICAL PARTS – Unless specifically stated to the contrary, in our quotation, we do not include for supplying and fitting guarding to protect moving parts or conveyors or other mechanical equipment. In all cases, it is your responsibility to ensure that the equipment as installed conforms to the requirements of the Factory Acts or other safety regulations. 12) RISK/TITLE – a) In all cases the risk of loss or damage to the goods shall pass to you on delivery. b) Ownership of any goods supplied to you shall not pass to you until we have received payment in full (in cash or cleared funds) of all sums due to us in respect of:a) the goods; and b) all other sums which are or which become due from you to us. 13) SEVERANCE – a) If any provision of these terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unforceable, such invalidity or unenforceability shall not affect the other provisions of this contract which shall remain in full force and effect. b) If any provision of these terms is so found to be invalid or unenforceable but would be valid or enforceable if some partof the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid. c) The parties agree, in the circumstances referred to in sub-clause 13(a), to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.