Terms & Conditions SKYCRAFT: Skycraft Ltd, its agents and or employees.
BUYER: Any person or company ordering goods or services from Skycraft.
1. ORDERS AND ACKNOWLEDGEMENTS. We undertake to execute all postal, fax and telephone orders received in this office before 15.00 hrs on the same day they are received (Monday to Thursday) 1200 hours Friday, (excluding any items requiring cutting and for machining). An acknowledgement is only normally sent in cases where it is not possible to make an ex-stock delivery when requested by the buyer. No shipments Saturday, Sunday or Public Holidays
We do not require a written confirmation of your order, however, should you be required to send confirmation please ensure that they are clearly marked to avoid duplication.
We will despatch by post, or carrier to your address all items listed as requirements on your orders less any items that are out of stock at the time your order is processed. Out of stock balance will be shipped as soon as possible, we are pleased to negotiate call off orders.
2. PRICE. If there is any significant increase in the cost of materials or labour, which takes place between the date of quotation (or the date of order where no quotation is made) and the date of despatch Skycraft reserves the right to amend the price. Every quotation is made and every order acknowledged on the condition that the goods can be invoiced and payment thereon will be made at the price ruling when the goods are supplied. The prices are NETT TRADE and do not include V.A.T.
3. PAYMENT. 30 days account customers must pay by the 30th day of the month following the despatch of the goods. Cash with order customers must include carriage and V.A.T. VAT is payable on postage and carriage. All other customers supplied on a cheque by return basis must pay within 7 days of the dispatch of the goods. We reserve the right to charge interest at the rate of 2% per month on all overdue account with a minimum charge of £2.50. Goods will not be dispatched to a buyer whose account is in default until such time as full payment has been received by us.
4. RESERVATION OF TITLE (PROPERTY).
A. The property of the Goods shall remain vested in the Seller until all or any sums due or owing to the Seller by the Buyer have been paid in full and until such time the Buyer shall hold the Goods as bailee for the Seller. If the Seller shall so require the Buyer shall mark set aside distinguish or otherwise appropriate the Goods belonging to the Seller.
B. Subject to General Condition (D) the Buyer shall if required by the Seller so to do assign to the Seller the benefit of any claim (equal to the amount of the indebtedness) against the third party and shall give such third party notice of such assignment.
C. If the Goods are sold by the Buyer as the Seller's agent to a third party the proceeds of such sale shall be held for the Seller by the Buyer in a fiduciary capacity and for the account of the Seller unless and until all sums due or owing to the Seller by the Buyer are paid in full. This provision shall apply even if the Seller has not required the Buyer to give notice of assignment of the benefit of any claim pursuant to General Condition (D) and shall be binding on a Receiver Liquidator or Trustee in Bankruptcy of the Buyer.
D. By entering into the Contract the Buyer undertakes with the Seller that it will not without prior consent of the Buyer assign the benefit of the Contract or sell or offer for sale the Goods to any third party within 12 months of delivery of the Goods and all conditions guarantees statements and warranties (if any) relating to the Goods whether express or implied statutory or other wise and are and shall remain personal to the Buyer and may not be assigned to any third party unless and until such prior written consent as aforesaid has been received by the seller.
5. LOSS OR DAMAGE IN TRANSIT. Packing of goods shall be examined by the Buyer on receipt and notification of damage or breakage shall be made A) immediately by telephone, then B) in writing to both the Seller and the carrier within 5 days of receipt of goods. In the case of loss in transit or delay in delivery notification in writing shall be sent to the Seller and the carrier by the Buyer within 5 days of the date of the invoice. "Unexamined" signatures do not relieve the Buyer of this liability and the Seller shall not be responsible for any claim or claims if the Buyer fails to comply with the provisions of this Clause. If the Buyer shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be deemed to have accepted the goods and shall pay for the same accordingly.
6. REJECTION OF GOODS AND HANDLING CHARGES, DELAYS AND RETURNS - Goods wrongly ordered or found to be extra to requirements will be taken back by Skycraft only if they are in an unused condition and purchased within the preceding 30 working days. In such cases a 25% handling charge will be levied-minimum £2. Funds for correctly supplied, servicable returned goods will be credited to you account as a credit only. Damaged goods should be notified to us immediately. Goods on special order i.e. non stock may not be returned or such orders cancelled. Goods precut to the Buyers specification can not be returned.
7. QUOTATIONS. Unless previously withdrawn the Seller's offer to supply the goods is valid for 30 days from the date of the quotation. For quotations requiring longer validity written request and acceptance must be made.
All quotations are subject to the goods remaining unsold at the time that an order is received from an account holder or cash payment is received from a non account holder.
8. PACKING & CARRIAGE - The cost of packing and carriage will be charged on all orders unless agreed otherwise in written confirmation between the Seller and the Buyer.
9. CANCELLATION AND VARIATION OF ORDERS. No variation on these terms shall be binding on the Seller unless acknowledged in writing by the Seller. Orders for goods may not be cancelled or suspended without the Sellers written consent and on such terms as the Seller may reasonably require. Any cancellation or suspension if accepted shall be on the express term that the Seller shall be indemnified against any loss incurred wholly or in part by such cancellation or suspension.
10. DELIVERY. In the event that the Seller is prevented from delivering the goods by reason of the Buyers instructions or by strikes, lock outs, industrial disputes, fires, accident, adverse weather conditions, defective materials, non delivery by a third party, shortage of fuel, default by a subcontractor, inability to obtain materials, embargo, then the delivery period shall be extended by such period as is reasonable in all the circumstances. No liability in any way can be accepted by the Seller for late delivery in any of these circumstances.
11. LIABILITY. It is an express condition of sale that liability is limited to the replacement of the Goods proved, by the Buyer, to be defective. The Buyer shall prove purchase of the defective goods with copy invoices. The Seller accepts no liability for any work or labour connected with the use of any Goods supplied or the Buyers errors in using those Goods. It is the responsibility of the Buyer to return All defective goods to the Seller within the Warranty period.
12. SPECIAL CONDITIONS. In the event of the Buyers order containing special conditions, the order will only be accepted on the understanding that those conditions do not differ from our own, or, if there are any differences, that such conditions be waived by the Buyer.
13. INDEMNITY. The Buyer shall indemnify the Seller in respect of all damage or injury occurring to any person or property and against any actions and expenses in that connection for which the Seller may become Liable in respect of the Goods sold if the damage or injury is caused by negligence of the Buyer or his servants or agents.
14. WARRANTIES. The Seller offers the Buyer the benefit on 90 days warranty from the date of invoice for all new goods rendered. The liability of the warranty is to the replacement of the Goods only after the Buyer has proven the purchase, payment and defect of the Goods. No warranty can or will apply to work completed by the Buyer or his agent with any Goods purchased from Skycraft. The costs of all and any shipping are the responsibility of the purchaser. Used parts are all sold without warranty, or any suggested fitness for use. All descriptions should be taken as a guide only. It is the purchasers responsibility to ensure the goods are correct for there intended use purpose.
15. DISPUTES. This contract shall be governed by English law and English courts shall have the exclusive jurisdiction in any dispute that might arise save that the Company may institute and maintain proceedings in respect of this contract in any country. Proceedings against a foreign customer may be served by post addressed to him at any consulate of his country or residence or nationality.
Skycraft Ltd do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies.Data collected by this site is used to:
a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Issue a unique identifier (e.g. customer login)
d. Monitor customer account status beyond that required for individual purchases
e. Only disclose information to third-parties for goods delivery purposes
Used, reclaimed or salvage items can only be returned if proven defective. Where a photograph of a used item is shown this shall be accepted as the full description, any written description should be taken as a guide only, part numbers used on this web site are given only as Skycraft stock code numbers and any resembance to a manufacturers part number is accepted to be used as a guide reference only. The cost of the shipping in both directions is the responsibility of the purchaser. No refunds or returns fo any reason on export orders.
All quotations are given and all orders accepted subject to the Sellers (Skycraft Ltd) Conditions of Sale and no other. Any modification of these conditions is ineffective unless made by a written agreement between the parties.
March 1997 |
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