Creating The Perfect Enviroment

This website is owned and operated by The Company and all contents and designs are copyright of The Company and its suppliers or agents.

    

Browsers using the site are permitted limited rights to view and print the contents for personal use only and are prohibited from copying or reproducing or reusing any of the contents or designs in any medium for any other purpose, in particular but not exclusively for any commercial gain

  

PREMABLE

  

1.   These general conditions shall apply save as varied by specific agreement in writing and, if these conditions conflict with any conditions of the

Purchaser, these conditions shall prevail.

  

FORMATION OF CONTRACT

  

2.  This contract of sale shall be concluded by issue of an invoice or delivery note by the company containing these conditions and any representative

of the Purchaser shall be deemed to have authority to contract on such terms.

DESCRIPTION OF GOODS

3.    All information included in the catalogues, circulars, advertisements and price lists of the company shall be deemed approximate only.

DELIVERY AND PASSING OF RISK

4.    Delivery of goods shall be deemed to take place when they are actually delivered to the Purchaser or his representative or to the Purchaser’s

premise when the risk as to loss and damage in respect of the goods shall pass to the Purchaser.

 

PAYMENT

 

5.1    Prices are exclusive of V.A.T. and

payment shall be due on the last day of the month following the date of invoice, save as varied by specific agreement in writing.

5.2    If payment is overdue, payment for all goods delivered to the Purchaser shall become payable immediately and interest at the rate of 8% per month shall be chargeable from the date of invoice and the Company may invoke the Recovery Procedure in clause 7 and any other lawful remedy available to the Company.

 

TITLE OF THE GOODS

  

6.1    Ownership in goods supplied by the Company shall not pass to the Purchaser until payment for such goods has been received by the Company in full and in the meantime the Purchaser shall hold such goods (the retained goods) for the Company but at the Purchaser’s sole risk and shall store the same in satisfactory state and condition.

6.2    If the retained goods are incorporated into other goods by the Purchaser the outstanding payment shall be charged upon those other goods (the charged goods).

SERVICE CALLOUT’S

7.1    Service Callouts are priced on a per hour basis covering travel and mileage and not per rectification of fault, all charges will apply regardless of repair.

7.2   No liability will be accepted in respect of any defect arising from fair wear and tear, wilful damage, misuse, alteration of the goods or failure to follow instruction (whether oral or written) as to the storage, operation repair, installation or reinstallation and commissioning of any goods supplied or services undertaken.

RECOVERY PROCEDURE

8.1   The Company may enter and remove retained goods or charged goods from the Purchaser’s premises after obtaining any relevant legal

documentation that may be required and in force at the said time.

8.2    In respect of charged goods recovered by the Company it shall give credit to the Purchaser for either the invoice value of the goods or their deteriorated value if they are not in original purchase condition less interest under clause 5.2 and the costs and expenses including legal fees incurred by the company in connection with the recovery procedure.

8.3    In respect of charged goods the company shall sell them and account to the Purchaser for the balance after retaining the invoice value and the other deductions specified in clause 7.2.

8.4   If the retained goods or charged goods have been sold from that buyer to the Purchaser (for whatever goods or services) shall be deemed to be assigned to the Company and the Purchaser shall supply the name and address of that buyer to enable the Company to give notice of assignment and recover that amount and give credit or account to the Purchaser substantially in accordance with either clause 7.2 or 7.3.

GUARANTEE AND WARRANTY

9.1    The guarantee period shall be 12 months from the date of the invoice.

9.2    During such period the Company shall remedy any defects in the goods arising out of defective materials or workmanship provided that the Purchaser shall give immediate notice verbally and in writing of such defects to the Company.

9.3    Immediately after giving such notice, the Purchaser shall return the defective goods (or any part thereof) to the Company at the Purchaser’s risk and expense.

9.4    The company shall repair or replace the goods within a reasonable period or at the option of the Company the involved price of such goods shall be refunded to the Purchaser thereby discharging the Company from any further liability for any consequential or other damages except that after repair or replacement the goods shall be guaranteed for the remainder of the guarantee period only.

9.5    Liability of the Company hereunder shall not arise if the defects result from misapplication, misuse or other fault of the Purchaser in relation to such goods.

9.6    If the goods are covered by a supplier’s or manufacture’s  guarantee the terms of such guarantee shall be deemed to be accepted by the Purchaser in substitution for the foregoing guarantee and the Purchaser shall be responsible for ascertaining which guarantee provisions apply.

RETURN OF GOODS

10.0    The company may accept the return of goods delivered at the risk and cost of the Purchaser to the Company’s premises in new condition and suitable for resale, the Company may make a restocking charge as deemed appropriate. In the case of an overseas third party supplier, goods accepted for return may incur additional shipping costs payable by the purchaser.

FORCE MAJEURE

11.0  The company shall be under no liability if it is unable to perform a contract of sale (including delays in delivery) for any reason beyond its control including Act of God, fire, inclement or exceptional weather conditions, official or unofficial industrial action, hostilities, shortage of labour, shortage of materials, failure of power or other supplies, governmental orders or intervention by any other cause whatsoever of an unexpected and exceptional nature.

COST VARIATION

12.0   Quotations are based on the current cost of equipment, labour, wages etc and are subject to amendment on or after acceptance to meet any recognised rise or fall in such costs.

SPECIFICATION

13.0  The customer shall be responsible for ensuring that any schematic diagrams, specifications, descriptions or information supplied by the customer or by any agent of the customer in connection with the manufacture or sale of any goods are accurate, unambiguous and clearly legible and meet the customers requirements, and the customer shall indemnify and hold Celsius Refrigeration & Air Conditioning Limited harmless in respect of any liability, loss, injury, damage, cost, charge of expense which may be incurred or sustained by Golding Machinery Limited by any reason of or arising directly or indirectly out of any claim in respect of any inaccuracy ambiguity or illegibility in respect of such schematic diagrams, specifications or descriptions or otherwise in relation thereto.

APPLICABLE LAW

14.0  The law relating to the supply of goods by the Company shall in all respects be English Law and the Purchaser shall submit to the jurisdiction of the English courts.