The following terms shall have the following meanings:
1.1 “The Company” shall mean DAB PUMPS Ltd.
1.2 “The Purchaser” shall mean anyone, whether a person or persons or body corporate who places
an order with the Company for a product.
1.3 “Product” shall mean the goods to the sale of which these terms apply and any reference thereto
shall be deemed to include a part or parts thereof, and any reference to a product or part thereof
in the singular shall be deemed to include the plural and viseversa.
1.4 The general headings to the paragraphs herein are for reference only and shall not affect the
construction or interpretation of these terms and conditions or any part thereof.
2.1 All products are sold subject to the terms and conditions contained herein.
2.2 No verbal, written or other addition hereto or variation hereof shall be effective.
2.3 In the event of any conflict or inconsistency between these Condition and the terms or conditions
of any order or acceptance, these Conditions shall prevail.
2.4 The giving of any delivery instructions the acceptance of, or payment for, any products or any
conduct in confirmation by the purchaser of the transaction hereby contemplated shall constitute
unqualified acceptance by the Purchaser of these conditions.
All illustrations or descriptive material of any sort including drawings, specifications or weight,
capacity, dimensions, output and consumption are for information only and shall not form part of
the Contract. they are approximate only and no warranty or guarantee is given for their accuracy.
The Company reserves the right to make at any time such changes in design, construction, composition,
materials, arrangement or equipment as it shall think fit without notifying the Purchaser
5. SUITABILITY OF EQUIPMENT FOR PURCHASER’S REQUIREMENTS.
The Company accepts no liability if the equipment ordered, is in fact, unsuitable for the Purchaser’s
particular requirements unless a full written description of the process in which the equipment is
to be used is submitted to the Company with the order.
Samples of products are available for inspection at the Company’s offices. The samples are exstock
at the time of viewing and are without guarantee, and are not representations of colour,
specification or performance at the time of delivery.
7. PRICE AND PAYMENT
7.1. Payment for products shall be made not later than the 30 days from date of invoice unless otherwise
expressly agreed in writing by the Company. The Purchaser shall make no deduction in
payment in respect of any set-off or counter claim whether justified or not.
7.2 The Company shall be entitled to alter the price charged for any products by such amount as the
Company shall think fit at any time before delivery, in the event of any increase in the cost to the
Company in supplying such products unless a fixed price has been agreed previously in writing
between the Company and the Purchaser.
7.3 All prices referred to herein exclude Value Added Tax, Purchase Tax or any other tax or duty which is
or may be levied or charged; the amount of such taxes or duties calculated at the rate prevailing at
the appropriate time will be added to such prices and the Purchaser shall account to the Company
for such taxes or duties in the same manner as the price of the products as set out in clause 7.1.
7.4 Interest at the rate of 2% per calendar month and/or pro rata for any part thereof shall be payable
on all outstanding amounts.
8.1 The estimate of time given for delivery shall run from the date on which the order has been accepted
by the Company. Time shall not be of the essence of the contract.
8.2 If the Company is prevented from or delayed in (directly or indirectly) making delivery of products,
or performing or completing any of its obligations by reason of acts of God, wars, strikes, lockouts,
trade disputes, or other industrial action, fires, explosions, breakdowns, interruption of transport,
Government or administrative action, delays in delivery to the Company of any goods or materials,
or any cause whatsoever (whether or not of the like nature to those specified above) outside its
control, the Company shall be under no liability whatsoever to the Purchaser, and shall be entitled
at its option (to be notified to the Purchaser in writing) either to cancel the contract or to extend the
time of its performance by a period equivalent to that during which performance by the Company
has been prevented by the circumstances hereinbefore referred to.
8.3 If the products have not been received by the Purchaser within 2 days of notification of despatch
by the Company, or if they have been received but are in a damaged condition or if the quantity
received differs from the quantity advised by the Company as despatched, the Purchaser shall
immediately give notice in writing to the Company of the relevant facts. If such notice is not received
within 2 days of despatch by the Company the Company will not be liable to the Purchaser in
respect of any loss or damage suffered and the Purchaser shall accept liability as if all the products
had been received and shall not claim against the Company in respect of non or short delivery or
damage in transit.
8.4 Where products are offered for delivery to site the obligation of the Company is to deliver only
as near to the site as safe hard road permits. The customer is to provide to the Company, free of
charge, reasonable assistance in unloading.
9. TRANSFER OF PROPERTY
9.1 It is expressly agreed that the property in and ownership of all products supplied by the Company
to the Purchaser shall remain the Company’s until payment for the goods has been made in full
upon which event the property in and ownership of the products shall pass to the Purchaser.
9.2. In default of payment within the period specified in clause 7 (7.2) hereof the Company may,
without prejudice to any other rights or remedies resume possession of the products.
9.3 Until the ownership of the products passes as afore said the Purchaser shall be deemed to hold
the products as bailee of the Company and shall use all reasonable care to keep the products in
the same condition as that in which they were delivered to him.
If during the period of twenty four calendar months from the date of invoice or 30 months from
the manufacturing date which ever is the shorter of any products shall be proved by the customer
to the satisfaction of the Company to be defective by reason of faulty design, or defective
materials of manufacture, and the Company is notified within 14 days in writing of the alleged
defect becoming apparent and the defective products are returned carriage paid to the Company
then the Company shall at its option and without cost to the Purchaser either repair or replace the
defective product, provided however that:
10.1 All products replaced shall be the property of the Company.
10.2. Failure by the Purchaser to carry out any of its obligations shall relieve the Company of any liability.
10.3. Notwithstanding anything contained in these conditions the sole liability in respect of products
not manufactured by the Company but merely resold shall be to give the Purchaser the benefit
of such sums (if any) recovered by the Company from the manufacturer of such products as the
Company shall consider reasonable.
10.4 If without the prior written consent of the Company repairs or replacements are made by the
Purchaser to a product the Company shall be under no liability whatsoever under this clause 10
and no allowance shall be made for any repairs or alterations so made.
10.5 No liability for loss or damage shall attach to the Company until the product has been paid for. The
Company shall be under no liability for loss or damage in respect of any product which has not
in its absolute opinion been properly installed, maintained and operated save as aforesaid. The
liability of the Company in respect of products supplied, or any loss or damage, or secondary or
remoter losses attributable thereto (directly or indirectly) is limited to making good by supplying
replacements. At the expiration of the periods mentioned in the introduction to clause 10 hereof
all liability on the part of the Company in respect of any product shall cease. The Company shall
in no way be liable for any consequential loss or damage. The Company shall be under no liability
whatsoever including (but without prejudice to the generality of the foregoing) any liability in tort
for any defects in, or failure of, or unsuitability for any purpose of the products, whether the same
be due (directly or indirectly) to any act omission, negligence or wilful default of the Company or its
servants or agents or to faulty design, manufacture or materials, or to any other cause whatsoever,
including (but without prejudice to generality of the foregoing) any breach by the Company, its
servants or agents of any terms, of the contract to which these Conditions relate.
11. RETURN OF PRODUCTS.
Products may not be returned to the Company except by prior written permission of an authorised
officer of the Company and such return shall be subject to payment by the Purchaser of
handling and restocking charges, transport and all other costs incurred by the Company.
12. IMPLIED CONDITIONS AND WARRANTIES.
These Conditions of Sale contain all the terms under which contract of sale are entered into by the
Company and any express or implied statement, condition or warranty, statutory or otherwise,
not stated herein is expressly excluded.
If the Purchaser shall make any default in or commit any breach of any of its obligations with
respect to payment of any sums due to the Company under any other contract whatsoever or
if any distress, execution or other legal process shall be levied upon or served out against the
Purchaser’s property or assets or if the Purchaser shall make or offer to make any arrangements or
composition with its creditors or commit any act of bankruptcy or if any petition or receiving order
shall be presented or made against the Purchaser or if the Purchaser is a company, any resolution
or petition to wind up shall be passed or presented, or if a receiver of all or any of its assets shall
be appointed, then in each and every case the Company shall have the right forthwith or at any
time thereafter to determine the contract (except insofar as it relates to products title to which
shall already have passed to the Purchaser) and to cancel any outstanding delivery or deliveries
hereof, payment in respect of any delivery already made shall be immediately due; but entirely
without prejudice to any remedy which the Company may have against the Purchaser.
14. The Company reserves the right to refuse or ignore countermands for products ready for despatch
or in process of manufacture. The Purchaser shall be liable to the Company for any loss caused to it
by the acceptance of any cancellation given by the Purchaser before delivery of any product but
it may in any case without prejudice to any of its other rights hereunder in lieu of a claim therefore
require a minimum payment to reflect any loss caused to the Company.
15. PURCHASER’S CONDITIONS OF PURCHASE.
Any condition set out in the Purchaser’s enquiries or Purchase Orders are binding on the Company
only insofar as they do not conflict with these Terms and Conditions of Sale, and in the event of
such conflict these Terms and Conditions of Sale shall prevail.
These Terms and Conditions are subject solely to English law and any dispute arising herefrom
shall be settled in accordance therewith.