Specific Conditions Of Sales
Additional specific terms are on the quotation.
General Conditions Of Sales
- Application
Unless otherwise specifically agreed in writing, these conditions shall be incorporated in every offer, quotation, and contract for the sale of goods and services by Smart Storm Ltd (the Company). Any conditions proposed by the customer are hereby excluded and receipt of the customer’s order shall be deemed acceptance of these conditions.
- Acceptance
All quotations are given conformation by the Company upon receipt of the customer’s order and no contracts shall be concluded until such conformation is given, or the customer’s order is otherwise accepted.
- Pricing
Prices quoted are those running at the time of the quotation and may be subject to revision without notice to allow for material or labour cost increases occurring before delivery (plus taxes). Prices unless otherwise quoted, are:
- a) UK Sales – Carriage to the customer’s premises will be arranged by the company and charged as an extra.
- b) Overseas sales CIP.
All overseas orders will be subject to advanced payment terms and/or progress payments at the vendor’s discretion.
- Terms of Payment
- a) UK Sales – Strictly nett 30 days from invoice date. We reserve the right to charge interest at the rate of 8% for each month or part of month that payment is delayed. For orders above £10k, Smart Storm Ltd shall invoice 40% deposit of the total value on acceptance of the order. 30% payment when site work commences and a final 30% payment when equipment and plant installations are complete.
- b) Overseas Sales – Orders not greater than £5,000 shall be paid by SWIFT bank transfer. Orders greater than £5,000 shall be paid by Irrevocable Letter of Credit established on a recognised London bank. All bank charges to opener’s account other than internal UK bank transfer charges, which will be paid by Smart Storm Ltd.
- Default
If payment is not made in compliance with Clause 4 above the customer shall be responsible for all costs reasonably incurred by the Company in collecting payment including the Company’s legal fees on a full indemnity basis.
- Title and Risk
For overseas sales title and risk shall pass to the customer upon leaving the Company’s premises. For UK sales title shall only pass to the customer on receipt of full payment.
- Cancellation or Amendments
The purchaser may not cancel or amend an order after it has been confirmed unless agreed in writing and on terms acceptable to the Company.
- Trial or Loan of Goods
Any goods delivered to the customer on loan or trial and evaluation shall remain the property of Smart Storm Ltd.
Equipment hire agreement are sent to the customer for signature.
Smart Storm Ltd reserves the right to charge the customer for any loss or damage incurred to the goods during the period of loan/trial.
- Guarantee
Equipment found to be defective in material, design or workmanship within 12 months of commissioning or 12 months of delivery, whichever is shorter, will be replaced or repaired by Smart Storm Ltd provided the goods have not been damaged by the customer or have not been improperly installed or operated, or the design altered, or for any other reason such a defect is not attributed to any act or omission on the part of the Company, and provided that prompt notice is given to Smart Storm Ltd as soon as the defect or apparent defect is known to the customer, and the goods or defective part are returned to the Company at the customer’s cost.
The foregoing states the Company’s entire liability in contract and in negligence in respect of defects in material, design, and workmanship and neither the Company nor any of its sub-contractors, employees or agents shall be liable in contract tort or otherwise for any injury, damage or loss of whatever kind attributed to such defects.
The Company shall not be liable in the event of the manufacture delivery or commissioning of any goods sold hereunder being prevented or delayed by any act or circumstance beyond the Company’s control including therein (but without prejudice to such generality) strikes or trade disputes (whether involving the Company) difficulty in obtaining raw materials or fuel interruptions.
- Product Use and Application
Unless otherwise stated all electrical ratings must be adhered to as representative of safe working conditions. Dimensions and physical dimensions are subject to normal mechanical tolerances. The product must be installed in accordance with the instructions given in each product instruction manual and the customer shall be responsible for ensuring the fitness of the product for the customer’s application.
Where the product is purchased by the customer for supply to any other party, the original customer will be responsible for ensuring all conditions of sale are met.
- Cancellations
On placing a purchase order (PO) for goods or services with Smart Storm Ltd, a customer enters a legally binding contract on acceptance of the purchase order by Smart Storm.
If the PO is for goods, the customer can cancel the order at the sole discretion of Smart Storm, if notified in writing. In such an event Smart Storm will charge a cancellation fee of 25% of the goods value.
If the customer cancels the order after despatch the full value of the purchase must be repaid. In exceptional circumstances and provided the goods have not been opened or used Smart Storm at its discretion may allow the goods to be returned. In such circumstances 50% of the order value must be paid.
For projects or services, if the customer cancels the project before any work is carried out, at the sole discretion of Smart Storm, the customer will be released from the contract on payment of 30% of the project value. Where Smart Storm have incurred costs, such as materials, designs etc this cost will be added to the payment.
If the customer cancels the project at any stage of the project after works commences, the customer will pay Smart Storm, pro-rata for the work carried out but not less than 40% of the project costs. Where Smart Storm have incurred costs, such as materials, designs etc this cost will be added to the payment.
- Copyrights
Goods offered for sale by the company are subject to any copyright, patent, trademark, or other right of any person.
- English Law
English law shall apply to the sale of all goods and services hereunder with the jurisdiction of the English Courts.
Quotations that include installation and commissioning: Should installation and commissioning be delayed through no fault of Smart Storm, goods will be despatched and invoiced within the delivery period stated. Should installation and commissioning not be completed due to circumstances outside the control of Smart Storm, any additional site visits will be chargeable in addition to the quoted installation rates. Additional installation works will be charged at standard daily rates. This quotation is based on the information received from the customer at the time of the quotation. Should any further information come to light following works commencement that result in additional costs, Smart Storm will charge these costs directly to the customer. It is the customer’s responsibility to check that the above quote meets their requirements before placing an order with Smart Storm.
Chemical Dosing: Unless specified otherwise, Smart Storm will provide standard industrial chemicals for dosing. Should the customer be aware of any adverse chemical reactions that might occur with standard chemicals they should notify Smart Storm.
Transfer Documents: For projects involving bespoke Instruments, plant and machinery, transfer documents will include instrument instruction manuals, certificates of incorporation where appropriate, circuit diagram’s where appropriate (ie PLC’s) and on-site training. It will not include training manuals, site plans, engineering drawings, operating manuals for bespoke HMI’s, PLC’s or other bespoke items. These are available on request at additional costs.
Warranty: All equipment has a 12 month on–site guarantee only if the customer has a service contract with Smart Storm following commissioning. Otherwise, the equipment is guaranteed on a return to base warranty.
For plant and equipment supplied and installed by Smart Storm the warranty period shall commence on the date the equipment is installed and not the date the project is completed.
Pipework and Ground works: All pipe works unless specifically quoted will be undertaken by the client or client’s contractors. All civil works unless specifically quoted will be undertaken by the client or client’s contractors.
Where Smart Storm undertake groundwork’s or building works the client must provide at their cost information as to the location of existing pipes, cable mains or other underground or hidden services. This information must be provided in writing. Should additional works be required to protect these items during works, Smart Storm will charge these costs to the customer unless agreed otherwise. Smart Storm takes no responsibility for damage to any underground cables, pipes or services to which they have not been informed.
Website & Cookies
By accessing this website you are accepting the following conditions of use.
You may not resell or make any derivative use or works of the Site or its contents. The Site is covered by United Kingdom and International copyright laws. Without the express prior written consent of Smart Storm Ltd., neither the Site nor any anything in the Site may be reproduced, sold, or otherwise exploited for any commercial purpose. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Smart Storm’s computer systems. You agree that you will not use any software robot or other automatic device or manual process to monitor or copy Site pages or the content contained therein.
The site is provided by Smart Storm ‘as is’ and ‘as available’. To the fullest extent permitted by applicable law, Smart Storm makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, images, materials, products, or services included on the site, or their accuracy, reliability, or completeness. You expressly agree that your use of the site or any transaction resulting thereof is solely at your own risk.
To the maximum extent permitted by applicable law, Smart Storm will not be liable for any damages of any kind arising from the use of the site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, or any damages related to loss of business.
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