TERMS & CONDITIONS OF BUSINESS
1. Smart Manufacturing Limited (hereafter referred to as “the Company”) gives all quotations and undertakes all services subject solely to the following conditions which can be varied only in writing by a duly authorised person.
2. The Company does not insure against any loss pecuniary or otherwise caused to the client its customers servants agents or others arising from services provided by the Company and clients should make their own arrangements to insure against such risks as they deem appropriate. This condition is included to relieve the client of the additional amounts that the Company would need to charge to cover insurance costs were its liability not so limited.
3. Quotations are limited to the goods specified therein and are subject to availability of those goods at the time when the order is placed. Unless otherwise stated a quotation at a fixed price will be valid for a period of thirty days from the date appearing on the quotation.
4. For a new account the Company reserves the right to take up financial references. Acceptance of any order shall be conditional upon the complete satisfaction of the Company with these references.
5. Prices are based on the cost of materials, components, labour transport, statutory obligations and establishment charges and may be subject to variation if any change in such cost takes place before or during the performance of any order.
6. Specific Payments Terms on quotation shall rule unless no reference is made then payments for orders will be due thirty days from date of invoice. Invoice will be presented monthly according to labour and materials supplied to that date. If payments are delayed the Company reserves the right to suspend delivery of goods and performance of services and the whole of any monies due to the Company will be come payable immediately.
7. All goods shall remain the property of the Company until we receive payment in full whether or not such goods shall have been fixed to any site.
8. All drawings, photographs, illustrations, advertisements, particulars and descriptive matters supplied by the Company are intended to present a general idea of the goods described therein but are not binding and are subject to variations. Unless otherwise stated in writing dimensions, weights and performances are not guaranteed, but are considered to be within reasonable tolerances.
9. The Company shall be relieved of contract obligations and the client shall be responsible for any extra costs involved whenever and to the extent that the fulfilment of such obligations is prevented or frustrated as a direct or indirect consequence of war, riot explosion, civil war, strikes, lockouts, industrial labour disputes, fire earthquake, flood, storm, statutes or regulations issued by any duly constituted authority or any other contingencies beyond the reasonable control of the Company or the act of neglect or default of the client.
10. If the client proposes any alteration after the order has been accepted or is in breach of any of the terms herein, the Company shall have the right to charge the client (in addition to the contract price) the whole of the expenses arising from such proposal or breach including in particular all extra materials, components, accessories and waiting time, together with establishment charges and profit allowances at the rates included in our original costing.
11. Any system installed on the client’s premises by the Company may require testing by the Company after installation and the client shall ensure that there are no fixtures and fittings on the said premises that may prevent or be damaged by such testing.
12. Any notice of statements of account given by the Company to the client shall be duly given if left at or sent by registered or recorded delivery to the last known address of the client such notice of account shall if posted be deemed to have been given two week days after posting.
13. These conditions shall prevail over any terms or conditions contained in the clients order acceptance or other communication and shall be deemed to have been accepted by the client in preference to such other terms or conditions unless the client has notified the Company specifically in writing of any proposed variation of these conditions and such variation has been agreed specifically in writing by a director, partner or duly authorised servant of the Company. The liability of the Company for any loss howsoever arising out of the supply of goods or performance of services or for any negligence or tortious liability including any consequential loss shall in no circumstances exceed the sum of £500.