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 Limited (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 confirmation 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:
UK Sales – Carriage and insurance to the customer’s premises will be arranged by the company and charged as an extra.
Overseas sales CIP.
Certain orders will be subject to advanced payment terms and/or progress payments at the vendor’s discretion.
Terms of Payment
UK Sales – Strictly nett 30 days from invoice date. We reserve the right to charge interest at the rate of 2% for each month or part of month that payment is delayed. For orders above £10k, Smart Storm Limited shall invoice 30% of the total value on acceptance of the order.
Overseas Sales – Orders not 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, will not be paid by Smart Storm Limited.
Default
In the event that payment is not made in compliance with Terms of Payment Clause above the customer shall be responsible for all cost 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 the Company. The Company reserves the right to charge the customer for any loss 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 the Company 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 the Company 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 or not 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 Prior to Despatch
Any purported cancellation of orders will only be deemed effective if:
- made in writing
- agreed by the Company
- all Company expenses and loss of profit associated with the transaction are indemnified by the customer.
Cancellations Following Despatch
Subject to Smart Storm’s consent having been obtained in writing, products must be returned in an unused condition within 14 days of the invoice date. If the product packaging is unopened a handling charge of 25% will apply. A higher charge will apply if the goods are returned after more than 14 days from the invoice date or in an opened but unused condition. Such charges will reflect the work that the company will be required to undertake to return the goods to stock.
Where goods have been found to have been used the full invoice amount will be paid.
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.
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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