These are the only terms and conditions applicable to any sale or supply of goods / equipment by us to you, unless specifically agreed between all parties in writing, no other terms and conditions shall apply.
Your order number shall be deemed to be confirmation of the existence of a contract between all parties. The contract binding you to purchase equipment and services shall exist when we accept your order, in any manner whatsoever. This shall constitute an offer to purchase goods / equipment and services. The intimation of your order number shall be deemed to be confirmation.
Any plant or equipment supplied by ourselves shall remain the property of Ducting Express Services Ltd, until such time as the price + VAT has been received in full & has been cleared by our bank.
If payment is overdue in whole or part, or if there is a commencement of any act or proceedings in which your insolvency is involved, we shall be entitled to the immediate return of the plant & equipment referred to in all contracts between you & us. And you authorise us to recover possession of goods to the extent of your total indebtedness & to enter your premises by our servants or agents for that purpose,
Until such time as you become the owner of the plant or equipment you will keep them in good condition.
Should we incur extra cost owing to suspension of the work by your instructions or lack of instructions, interruptions, delays, overtime, unusual hours, mistakes or work for which we are not responsible, a reasonable sum in respect of such extra cost, as well as the cost incurred by keeping men on site shall be added to the contract price and paid for accordingly.
We will indemnify you against damage or injury to your property or person or that of others occurring before the plant is taken over to the extent directly caused by the negligence of ourselves, subcontractors or agents.
Our total liability for damage to your property shall not exceed £1,000,000 or the contract price, whichever sum is the greater, & we shall not be liable to you for any loss of profit or of contracts or, save aforesaid, for any loss or damage of any kind whatsoever & whether caused by our breach of contract, tort, breach of statutory duty or otherwise howsoever.
We will accept no liability for failure at attain any performance figures quoted by us unless we have specifically guaranteed them, subject to any tolerances specified or agreed to by us, in an agreed sum as liquidated damages.
Minor defects in the plant, not of such importance as to affect materially its commercial use, shall entitle you to retain from the payment only such sum as represents the value of such incomplete or defective details, and any sum so retained shall be paid upon such omissions or defects being remedied, which will be done by us at the earliest opportunity.