Conditions of Sale
1. Status of Conditions.
These conditions supersede any earlier conditions appearing in Katronic Technologies Ltd.’s (herein called KTL) catalogues or elsewhere.
2. Acceptance of Order.
(1) Commercial and technical statements made in any KTL quotation are valid for the stated period but shall not bind KTL until they have received an order from the Purchaser and confirmed acceptance of it in writing.
(2) Orders are only accepted under the terms described in the Conditions of Sale, unless specifically agreed in writing by KTL prior to the order being placed.
KTL shall not be bound by any variation, waiver of, or addition to these conditions except as agreed in writing.
All technical descriptions, specifications and information given in KTL catalogues or data sheets may be changed without notice.
5. Dates and Delivery.
(1) Times or dates specified by KTL
(i) for the preparation of engineering drawings;
(ii) for the manufacture of particular equipment, and
(iii) for delivery
are estimates only and KTL shall not be liable for the consequences of any delay.
(2) Any such delay shall not entitle the Purchaser to cancel his order or to delay any payment beyond the date already agreed in writing between the Purchaser and KTL.
(3) KTL shall not be liable for the consequences of any delay or any failure to deliver caused by force majeure, strikes, lockouts, Act of God or any other cause beyond its control.
KTL reserves the right to increase, without notice, quoted prices after the date of KTL’s acceptance of an order to cover:-
(i) Increases by suppliers to KTL.
(ii) Extra cost incurred as a result of the cancellation, alteration, or rescheduling of orders due to the Purchaser’s instructions or lack of instructions.
(iii) Currency fluctuations which increase the cost to KTL of materials and goods imported in the United Kingdom.
(1) Unless otherwise agreed in writing the purchase price shall become payable on the date KTL despatches the equipment or on the date KTL notifies the Purchaser that the equipment is ready for collection ex-works.
(2) Failure to make any payment on the due date shall entitle KTL to charge interest according to the European Directive 2000/35/EC from the date on the sum outstanding at 8 per cent above the reference rate of the time being of the Bank of England.
(1) Whatever destination is specified in the Purchaser’s order, the risk in the equipment shall pass on the date KTL despatches it or on the date KTL notifies the Purchaser that it is ready for collection ex-works; and in this agreement “delivery” means despatch or collection.
(2) The international rules known as Incoterms 2000 as amended from time to time shall apply to this agreement.
(1) Insurance cover of the goods in transit shall be the responsibility of the Purchaser.
(2) If KTL shall effect cover, the Purchaser must notify KTL in writing not later than 14 days before the date of despatch.
(3) Upon receipt of the Purchaser’s instructions in writing, KTL will effect cover and charge the Purchaser accordingly.
(4) Should the goods be lost or damaged, or be the subject of any claim arising during the shipment, it shall be the Purchaser’s responsibility to make any claims upon the insurance company concerned.
(5) Any such claim shall not entitle the Purchaser to delay any payment beyond the date already agreed in writing between the Purchaser and KTL.
(1) All KTL products are guaranteed for a period of 12 months from the date of despatch or collection from KTL works.
(2) Should any defective parts be returned to the works within the guarantee period at the Purchaser’s expense then KTL undertake to replace or repair the defective parts free of charge provided always that:
(a) All transit costs shall be paid by the Purchaser.
(b) Any defective parts which are replaced shall become the property of KTL.
(c) KTL shall not be liable for any defect or for any damage the defect causes, which appears after the expiry of the guarantee period.
(d) Only those items of equipment manufactured by KTL shall be replaced or repaired free of charge. Any other items will be covered only by the guarantees, if any, given by the manufacturers of those items.
(e) All guarantees given by KTL shall apply only to those goods which are installed either under the supervision of an KTL commissioning engineer or upon the specific recommendation in writing of KTL.
KTL will not be liable to the Purchaser for any consequential or other indirect or incidental damages, losses or expenses, however arising, in connection with the performance of this agreement.
12. Cancellation of Order.
No cancellation of an order will be effective until accepted by KTL in writing. If accepted in writing, the Purchaser shall be liable
(a) for payment of 25% of the net order value as stated in KTL’s Order Confirmation and any increases in prices as mentioned in clause 6,
(b) to indemnify KTL against all losses (including loss of profit), costs and other expenses and damages (whether direct or consequential) occasioned by such cancellation.
13. Recovery of Goods.
(1) Until payment in full the equipment supplied shall remain the property of KTL and may be recovered by KTL at any time. The Purchaser shall not sell, charge or in any other way dispose of the equipment until payment in full; but if it deals with the equipment in contravention of this provision it shall pay the proceeds of such dealing into a separate bank account and hold the same upon trust for KTL to the extent that it is then or subsequently indebted to KTL as a result of the purchase of the equipment or any other transaction.
(2) Until such recovery the Purchaser shall maintain the equipment in good condition and insured against damage or loss. Any insurance moneys received by the Purchaser shall be related as provided in sub-paragraph (1) above
14. Patents etc.
The Purchaser warrants that any design or instruction given by the Purchaser or on its behalf shall not be such as will or may cause KTL to infringe any letters patent, registered design, trade mark or copyright in executing the Purchaser’s order.
15. Determination of Contract.
If the Purchaser shall make default in or commit a breach of the contract or of any other of his obligations to KTL or if any distress or execution shall be levied upon the Purchaser’s property or assets, or if the Purchaser shall make or offer to make any arrangements or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against him, or if the Purchaser is a limited company and any resolution or petition to wind up the Purchaser’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or if the receiver of the Purchaser’s undertaking, properties or assets or any part thereof shall be appointed, then and in any such event KTL shall have the right forthwith to determine any contract with the Purchaser then subsisting and upon written notice of such determination being posted to the Purchaser’s last known address, any such contract shall be deemed to have been determined without prejudice to any claim or right that KTL may otherwise make or exercise.
(1) If at any time a question, dispute or difference should arise between the Purchaser and KTL upon, in relation to, or in connection with the contract, either party may give to the other notice in writing of the existence of such question, dispute or difference, and the same shall be referred to an arbitrator to be appointed by the parties, or failing agreement within 14 days of receipt of such notice, by the president for the time being of The Law Society, and his or her decision shall be binding on both parties.
(2) Any such arbitration shall be held at an English Court.
17. Applicable Law.
These conditions and the contract shall be subject to and constructed in accordance with English Law.
Conditions of Hire
1. These terms and conditions shall apply to any hire transaction between Katronic Technologies Ltd. (KTL) - the Owner - and the Customer unless any variation thereof is specifically agreed and accepted by the Owner in writing.
2. Hire period shall be for a minimum of one week (7 consecutive days). Hire commences from time of despatch of equipment from the Owner’s premises and continues until its return to the Owner’s premises. Retention of the equipment beyond the agreed hire period shall be deemed an extension to the Customer’s order. Part of a week shall be regarded as a full week. When equipment is returned by the customer it shall be delivered to the Owner’s premises during normal office hours 8.30 a.m. and 5.00 p.m. Monday to Friday unless by prior agreement with the Owner.
Invoices are payable on receipt by the Customer. When the Customer does not have a credit account with KTL then payment for the hire must be received before the goods are despatched. A deposit may also be required. Failure to make any payment on the due date shall entitle KTL to charge interest according to the European Directive 2000/35/EC from the date on the sum outstanding at 8 per cent above the reference rate of the time being of the Bank of England.
4. Delivery and collection will be at Customer’s cost. The Customer must return equipment by prepaid shipment by carrier or own transport. The equipment must be returned in the Owner’s original packing. The Owner will make every reasonable endeavour to meet promised delivery dates but is not liable for delay from whatever cause.
5. The equipment shall remain the property of the Owner and is supplied to the Customer only on a rental basis without any option to purchase.
Whilst application assistance will be given, no responsibility is accepted for incorrect results due to circumstances external to the equipment hire.
Cancellation of an order can only be accepted by the Owner’s agreement and on terms which indemnify them against loss.
8. Customers shall be responsible during the rental period for the following:
a) To keep the equipment in good condition and ensure it is not subject to misuse, normal wear and tear excepted.
b) To ensure that the equipment is used only by personnel competent to do so and who are familiar with the principles and practices of its operation.
c) To ensure that labels and identification marks are not removed. Should security seals be found broken when equipment is returned to the Owner the refurbish charges may be levied.
d) Immediately notify the Owner in writing of any loss or damage to the equipment. The Customer shall be liable for such loss or damage and rental shall continue to be chargeable until settlement for such loss or damage is made to the Owner.
e) Immediately notify the Owner if the equipment is received in a damaged or unserviceable condition.
f) The Customer shall not sell, assign or sub hire any equipment supplied by the Owner.
g) The Customer shall not modify or change the equipment in any way other than normal operational adjustments or calibrations without obtaining the written consent of the Owner.
h) Any items not returned to the Owner including instruction documentation at the completion of hire will be charged to the Customer at the full replacement cost.
9. Any repairs necessary to return equipment to the manufacturers operational specification on completion of hire shall be chargeable to the Customer. Any parts used will be chargeable at the full replacement cost.
Machine readable software must only be used in conjunction with the equipment for which it is supplied. Any copies made must be destroyed or returned with the hired equipment. Support documentation must not be copied. Software and support documentation is supplied for the use of the Hirer only and must not be passed on to any third party.
Any consumables ordered extra to the equipment on rental will be charged at current list price.
12. The Owner shall not be liable for any claim by the Customer for any consequential damage occasioned by default of the equipment or for late delivery. It shall be the Customer’s responsibility to maintain the equipment correctly in accordance with the manufacturer’s instructions.
13. The Owner shall endeavour to repair or replace any item of equipment which becomes defective during the rental period through no fault of the customer. The hire charge will stop when the owner is notified of the fault and will recommence when the fault is cleared. Should no fault be found in the hired equipment then the original charge schedule will apply and the customer will be responsible for any additional charges incurred by the Owner.
14. In the event of equipment being for use abroad or in a hazardous environment, it is the resonsibility of the Customer to arrange adequate insurance cover to the full replacement value of the equipment and to provide a copy of the certificate of insurance to the Owner.
15. Health and Safety at Work Act 1974 Section 6 (1) (C) and Section 6 (4) (C).
The Customer shall be responsible for bringing the following information to the attention of all personnel involved with the equipment:
a) The products which KTL supplies may be classified as electrical, electro-mechanical and electronic equipment and in the majority of cases instruments are accompanied by an instruction manual.
b) The products are checked and supplied in accordance with the manufacturers specification and when used in normal and prescribed applications and within the parameters set for mechanical and electrical performance will not cause danger or hazard to health and safety provided that normal engineering and safety practices are observed and such products are used only by trained and qualified personnel.
c) In those cases where operating manuals are supplied all usage must be in accordance with such manuals.
d) If there is any doubt about any aspect relating to the correct use of these products you should refer to KTL.
16. If the Customer shall become bankrupt or have a receiving order made against it or compounds with its creditors, or being a corporation shall commence to wound up (except for the purpose of amalgamation or reconstruction) or carry on its business under a receiver for the benefits of its creditors, the Owner shall retain title to the goods on hire.