1. Definitions
- “The Buyer” means the company, firm or person who accepts a quotation of the Company or whose order for goods is accepted by the Company.
- “Conditions” means the standard terms and conditions of supply set out in this document, including any special terms agreed in writing between the Company and the Buyer.
- “The Company” means CraneCert Limited.
- “The Goods” means the goods, including any instalments or parts, supplied under these Conditions.
- “The Registered Office” means the registered office of the Company.
2. Acceptance
- All orders are accepted and goods supplied subject to these Conditions. Variations must be agreed in writing.
- Orders must include sufficient information for execution. Orders are not binding unless accepted by the Company.
3. Specification and Performance
Specifications, weights and performance details are approximate. The Company may change design, materials or method of manufacture without notice.
4. Price
- Prices are as quoted or as shown in the current price list. Quotations are valid for 30 days.
- Prices may be adjusted before delivery due to changes in exchange rates, taxes, government actions, labour or material costs, industrial disputes or site conditions.
5. Carriage
If goods are sent or carried by a third party, that party is deemed the Buyer’s agent.
6. Packing
Goods are packed to the Company’s standard specifications in non-returnable packing. The Company is not liable for loss or damage as set out in Clause 8.
7. Carriage Charges and Freight
Carriage incurs an extra charge unless otherwise stated. The Company determines the route unless special routing is requested, which may incur additional costs.
8. Loss or Damage in Transit / Non-Delivery
- The Company is only liable for damage or loss if transport is by its own vehicle and driver.
- Claims for damage must be made within 7 days of receipt.
- Claims for non-delivery must be made within 14 days of the delivery note date.
9. Conditions of Goods Supplied
- All implied conditions and warranties are excluded.
- No liability is accepted for defects caused by wear and tear, misuse, accidents or failure to maintain.
- No liability is accepted for goods repaired or tampered with by the Buyer.
- Liability for third-party manufactured goods is limited to the manufacturer’s guarantee.
10. Storage
A reasonable storage charge may apply if delivery instructions are not given within 14 days of request.
11. Transfer of Property and Risk
- Goods remain the property of the Company until full payment is received.
- The Company may enter premises to recover goods if unpaid.
- Goods must be stored separately and remain identifiable until payment.
- The Buyer acts as fiduciary and holds proceeds of sale in trust until payment.
- Goods are at the Buyer’s risk from delivery.
12. Payment
- Payment is due within 30 days of invoice without deduction.
- The Company may suspend delivery, charge interest at 2% above RBS base rate or 10%, whichever is greater, or retain goods if payment is not made or the Buyer becomes insolvent.
- The Buyer must pay in full even if goods are defective, subject to refund if arbitration confirms a price reduction.
13. Currency and Place of Payment
All payments must be made in GBP to the Company’s registered office.
14. Despatch in Lots
The Company may deliver in instalments, each treated as a separate contract.
15. Delivery Dates and Times
- Delivery dates are approximate. Delays do not entitle the Buyer to reject goods, cancel or claim damages.
- Additional charges may apply for special delivery arrangements or deliveries outside 9am to 5pm, Monday to Friday.
16. Buyer’s Duty to Take Delivery
- The Buyer must provide delivery arrangements and notice of changes.
- If goods are not taken on time, the Company may suspend delivery, treat the contract as repudiated or charge storage costs.
17. Cancellation
Orders cannot be cancelled without full indemnity to the Company, including:
- the cost of work in progress;
- expenses incurred; and
- loss of profit.
Cancellation is not accepted for purpose-built goods.
18. Force Majeure
The Company is not liable for delays due to events beyond its control, including war, natural disasters, industrial disputes or government actions. The Buyer may cancel or allow the order to remain pending.
19. Substitution
The Company may substitute materials or parts with suitable alternatives. If unavailable, obligations are suspended until they become available, with the price adjusted accordingly.
20. Erection and Services
The Buyer must:
- prepare the site and pay for modifications;
- provide access, labour, lifting gear, power and services;
- pay unloading costs, customs duties and related expenses;
- pay travel and other expenses for the Company’s staff;
- not interfere with goods until erection is complete; and
- accept completion upon written notice from the Company.
21. Sub-Contracting
The Company may subcontract manufacturing or performance.
22. Value Added Tax
VAT will be charged at the applicable rate for UK sales.
23. Overseas Sales
The Buyer is responsible for compliance with import legislation and for all duties.
24. Governing Law
The contract is governed by the laws of England.
