GROUP TERMS AND CONDITIONS OF SALE
(a) In these conditions-
(i) The “Seller” means Surface Technology Products Ltd. (Surtech and Surtx are the seller’s trade names).
(ii) The “Buyer” means the other party with whom the seller contracts.
(b) Any quotation made by the Seller, for sale of goods or for work whether in writing or orally is an invitation only to make an offer and no order in pursuance of any quotation shall be binding upon the Seller unless and until such order is accepted by the Seller in writing.
(c) Where there have been no previous dealings with the Buyer the Seller requires the Buyer to complete a Credit Application Form and to return it for its acceptance. Surtech reserve the right to change its Terms and Conditions of Sale at any time and to ask the Buyer to complete a new Credit Application Form based on the new terms.
(d) The terms agreed with Surtech’s Credit Application Form are valid for a max. of 3 years.
(e) Unless otherwise agreed these conditions shall override any terms and conditions stipulated by the Buyer.
(f) Most terms and conditions apply to both new and used products, The main differences are for used products classifications, guarantees and payment terms. Separate terms and conditions for used products are available on request
(g) All our price lists and quotations are supplied with current Terms and Conditions of Sale attached. Additional copies are available on request or can be viewed on our website www.surtech.co.uk
(h) We only accept written orders. Verbal orders must be confirmed in writing before despatch.
(a) Any figures, statements, descriptions, illustrations or any other matters contained in the Seller’s catalogues, price lists or other advertising literature are not guaranteed to be accurate and shall not form part of any contract between the Seller and the Buyer.
(b) The Seller reserves the right to amend the specification of its products and services from time to time so that the descriptions thereof as set out in its catalogues price lists and other advertising literature may not be identical with those set out in the Seller’s quotation and the Buyer is advised to check the specification set out in the Seller’s quotation before placing an order.
(a) Where goods are made or materials supplied to the Buyer’s own specification the Buyer warrants and undertakes full responsibility not only for the suitability and fitness of the specification but also that such specification does not infringe any patent, trade mark, registered design, copyright or other proprietary right
(a) The Seller’s quotations are provisional in so far as they are subject to alteration to any changes in the price of raw materials, wages, exchange rates other costs of production and any other circumstances beyond the Seller’s control taking place between the date of the quotation and the Seller’s acceptance of the order. In the absence of any other figure in the quotation the validity period is 30 days
5. PRICES, PRICE CHANGES, VAT, COST OF CARRIAGE
(a) The Seller shall be entitled to adjust the Contract price of the work and materials whether before or after the making of the contract in the event of any variation in the cost to the Seller.
(b) The Contract price does not include the cost of packaging of the goods.
(c) All prices quoted in price lists, quotations and on the internet are exclusive of VAT. Value Added Tax will be charged at the rate applicable at the date of invoice.
(d) The Contract price does not include the cost of carriage nor the cost of offloading of goods or materials, which should be arranged by the Buyer at its sole risk and expense. The Seller will use its best endeavours to expedite delivery if requested so to do by the Buyer who must specify the means of transport to be used and pay any additional costs.
(e) The contract price does not include installation, commissioning and training.
(f) All prices are subject to change without prior notice. We reserve the right to adjust prices in accordance with exchange rate fluctuations, even in cases where a validity period is given.
6. DELIVERY TIMES,DELIVERY TERMS and COLLECTIONS
Delivery times vary considerably product by product and by time of order. Quoted delivery times are estimates only and do not form part of our contractual terms, unless specifically agreed in writing.
Where prices are quoted as “delivered free” they include carriage by standard service which is normally between 2 to 4 days. “Delivered free” prices do not include packaging and offloading.
Express delivery terms are available at extra costs, depending on location and time. Where available there are premiums for delivery next day, delivery next day before 10 o’clock and delivery next day before 12 o’clock. Orders for express delivery must be placed in writing before 12 o’clock prior to the day of delivery.
Goods which are ready for collections or available from stock can be collected from SURTECH but we require at least 24 hours notice. Goods which require modifications are usually ready within 3 to 5 days, but please ask for confirmation. We do not operate a trade counter.
7. DELIVERY RISK AND INSURANCE
(a) Delivery shall be deemed to be effected by the Seller at the following times.
When goods or materials are sold f.o.b. delivery shall be complete when they are placed on board ship.
When goods or materials are delivered by the Company then on delivery prior to unloading at the Buyer’s premises (or the premises of a nominated third party).
Notwithstanding paragraph 5(d) of these conditions where the Contract provides that goods or
materials shall be delivered by an independent carrier delivery of the goods or materials in question by the Seller to the Buyer shall be deemed to be at the time of collection by or delivery to the carrier.
In the event of goods or materials being collected by or on behalf of the Buyer collection will constitute delivery to the Buyer.
(b) Tthe Seller’s failure to deliver or complete by the due dates or dates shall not constitute a breach of contract and the Seller shall not be responsible for any direct or consequential loss resulting.
(c) The risk in the goods and materials shall pass to the Buyer at the time of delivery as provided in this paragraph. The reservation of title contained in paragraph 11 of these conditions shall not effect the Buyer’s responsibility to effect insurance cover.
(d) Where the goods or materials are not manufactured by the Seller and are delivered direct to the Buyer or collected by the Buyer from the manufacturer or other third party the Seller shall not be liable for any loss or damage to the goods whatsoever or whensoever occurring.
(e) The buyer must check the goods for damage on delivery to his premises. Any damage must be documented on the carriers delivery note and reported to the seller within 24 hours. To support any claim the buyer should take photos of the damage.. If the buyer signs a carrier note stating “received in good” order then no claim can be brought against the seller.
8. TERMS OF PAYMENT. FOR CONSUMABLES. FOR CAPITAL GOODS.
(a) Unless otherwise agreed payment for consumables of any value and capital goods up to a value of £ 700.00. shall be made by the Buyer 30 days from the date of the VAT invoice subject to Credit Limits agreed in The Credit Application form. Payments for standard specification capital goods up to the value of £ 5000.00 will be Pro-
(b) In the event of the contract providing that goods or materials shall be delivered or work shall be completed by instalments each instalment shall be considered to be a separate Contract and construed as such in accordance with these conditions. In particular failure by the Buyer to make payment by the due date for any one instalment for whatever reason entitles the Seller to suspend deliveries or work upon this or any other Contract between the Seller and the Buyer but without prejudice to any other right the Seller may have under the provisions of this Contract.
(c) In case of shortage or alleged defects in the goods work and materials (which the Seller undertakes to correct under the terms of its warranty), any amount retained by the Buyer will not exceed an appropriate proportion of the outstanding payment
9. INTERRUPTION OF SUPPLIES AND PROFORMA INVOICES
Payments overdue on the 7th day of each month automatically trigger a DELIVERY STOP. Payments overdue on the 14th day of each month will be sent for collection. Companies whose payments in arrears have triggered the seller’s debt recovery service will be asked to pay against pro-
10. CREDIT TERMS AND CREDIT LIMITS
All first time customers are asked to complete and return SURTECH’s Credit Application Form prior to trading.
Until Credit Terms are agreed all transactions will be on Pro-
The seller applies an agreed credit limit to all accounts. This limit reflects the seller’s finance ability and his credit insurance terms and not the customer’s credit worthiness.
The seller does not offer settlement discounts
12. MINIMUM ORDER QUANTITIES
SURTECH operate a minimum order value or minimum order quantity policy. For full details see price lists or quotations. All orders with a value below £ 50.00 are subject to a surcharge of £ 5.00
13. SUSPENSION AND CANCELLATION
(a) If the Buyer fails:
(i) to give delivery instructions or take delivery; or
(ii) make any payment when it becomes due; or
(iii) shall commit any other breach of contract and fail to remedy the same within seven days of receiving the Seller’s request in writing so to do; or
(iv) shall enter into any composition or arrangement with its creditors or if any distress or execution is levied upon any goods or property of the Buyer or if the Buyer commits any act of bankruptcy or if being an incorporated company shall have a receiver appointed of the whole or any part of its undertaking or assets or shall pass a resolution for winding up (except solely for the purpose of amalgamation or reconstruction) or a court shall make an order to that effect or if not being an incorporated company shall have a receiving order made against it the Seller may defer or cancel any deliveries or work and treat the Contract of which these conditions form part and any other Contract between the Seller and the Buyer as determined but without prejudice to its right to any unpaid price for goods delivered or cost of work done under this or any other Contract and to damages for loss suffered in consequence.
(b) If the Buyer requires cancellation of the Contract this will only be accepted at the sole discretion of the Seller and upon the payment of a 20% cancellation charge.
14. CLAIMS FOR SHORT OR NON-
(f) The Seller will send the Buyer an invoice, which specifies the goods or materials and the date of their delivery. In the event of the Buyer alleging that the Seller has failed to deliver the goods or materials or some of them the Buyer shall give verbal notice to the seller immediately, confirmed in writing within 48 hours, with full particulars of such failure, failing which it will be deemed to have confirmed that the delivery was properly effected upon the date referred to in the invoice. The Seller undertakes to replace free of charge any such goods or materials omitted in transit to the contracted place of delivery in which event the time for the delivery of such goods or materials shall be extended for such period as the Seller may reasonably require.
15. CLAIMS FOR DAMAGE IN TRANSPORT
For most transaction clause 7 is valid, which stipulates that the risk in the goods passes to the buyer on delivery and that delivery is deemed to have been effected when goods have been handed over to the carrier.
In cases where this clause has been re-
It is the buyer’s responsibility to open the packaging of all consignments and to check for damage. If damage is detected the carrier’s delivery note has to be signed accordingly.
If the buyer signs the carrier’s delivery note without registering the damage then there will be no redress against the carrier and SURTECH will not accept any claim for damages.
Claims for damage in transport must be reported to SURTECH in writing within 24 hours of receiving the goods.
16. WARRANTY FOR NEW GOODS. AFTER SALES SERVICE
(a) The Seller’s liability in respect of any defect in or failure of goods or materials supplied or work completed or for any loss injury or damage attributable thereto is limited to making good by replacement or repair at its option defects or failure which under proper use or conditions of storage appear therein and arise solely from faulty design materials or workmanship within a period of normally 12 calendar months, unless otherwise stated and based on single shift working and proper use and maintenance as described in the machine’s manual and the Surtech Health and Safety Recommendation booklet after the goods have been despatched to the Buyer or its nominee or the work has been completed. It shall be a condition precedent to the Seller’s liability under this warranty that the defective item is immediately returned to the Seller at the buyers cost upon being found defective or if that is not practicable immediate notice in writing of the defect is given to the Seller and the Buyer gives the Seller authority for its employees and agents to inspect the same. Thereafter the Seller shall be given a reasonable period in which to complete the necessary repair or deliver the replacement. The Buyer shall be responsible for the cost of removal of any defective item and refitting of the replacement.
(b) The Seller’s liability under this warranty shall automatically cease if:-
(i) The Buyer shall not have paid for all goods and materials supplied and work done by the due date (whether under this or any other contract between the Seller and the Buyer) referred to in paragraph 7 of these conditions.
(ii) The Seller or its employees and agents are denied full or free right or access to the defective goods or materials or work done.
(c) These conditions shall be in lieu of any warranties conditions or undertakings whether expressed or implied by statute common law or otherwise howsoever which warranties conditions and undertakings are (subject to section 6(1) of the Unfair Contract Terms Act 1977) hereby expressly excluded to the fullest extent permitted by law.
(d) In any event, and notwithstanding anything contained in this warranty or in these conditions, in no circumstances shall the Seller be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof:
(i) for any increased costs or expenses,
(ii) for any loss of profit, business, contracts, revenues, or anticipated savings, or
(iii) for any special indirect or consequential damage of any nature whatsoever.
(e) Notwithstanding anything contained in these conditions, if the Seller is found liable in contract, (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, arising by reason of or in connection with this contract (except in relation to death or personal injury caused to any person by the wilful act or negligence of the Seller or its agent) any claim shall be limited to the price paid under the contract.
(f) Notwithstanding the provisions of this warranty if the Contract is with a person who is a consumer as defined by Section 12 of the Unfair Contract Terms Act 1977 nothing herein contained shall operate to exclude or restrict any liability for breach of such obligations as are mentioned in section 6(2) of the said Act.
(g) Service contracts are available
17. WARRANTY EXCLUSIONS
All electrical motors and controls are excluded from the seller’s standard guarantee unless a report from a qualified independent electrical engineer confirms a material fault.
Some budget machines are supplied without thermal overload controls. Optional overload controls are available at additional cost, but if these are not chosen the seller will not accept any claims of motor failure.
Where overload controls are fitted but not set correctly during installation the warranty is invalidated.
All parts subject to normal wear are excluded from the warranty. These include cotact wheels, idler wheels, bearings, bulbs, fuses, drive belts, brushes in portable tool motors, capacitors, etc.
18. WARRANTY CLAIMS
All warranty claims must be made in writing with full details of the machine model, date of purchase and detailed information relating to the claim.. A warranty claim form is available and can be faxed to the buyer immediately after a phone call. The seller cannot act until written and detailed information of the claim is received
19. WARRANTY FOR USED GOODS
The following limitations to the seller’s warranty terms for new equipment apply to all used equipment and materials:
(a) Sold as seen
No warranty at all. No CE certificate supplied. Manuals supplied only if an original manual exists. The buyer is responsible for putting machines in a safe working condition in compliance with current Health and Safety Regulations.
(b) Refurbished to working order
1 month from date of invoice. Limited only to parts that have been replaced or repaired by Surtech, not to original parts. Supply of parts only, excluding labour. No CE certificate. Manuals only if original manuals exist. The buyer is responsible for putting the machine in safe working condition in compliance with current Health and Safety Regulations.
(c) Reconditioned to A1
3 months from date of invoice. Covers all parts. Supply of parts only, excluding labour. No CE certificate supplied. Manuals supplied only if original manual exists. The buyer is responsible for putting the machine in safe working condition in compliance with current Health and Safety Regulations, unless agreed otherwise in writing.
Ask for detailed descriptions of Sold as seen, Refurbished to working order and Reconditioned to A1
For further details ask for our separate Terms and Conditions for used equipment
20. WARRANTY TERMS FOR SALES TO A DISTRIBUTOR OR AGENT
Above warranty terms are also valid for sale to distributors/resellers. All claims must be submitted via the distributor and it is the distributor’s responsibility to supply accurate information for Surtech to deal with the claim by filling in a Warranty Claims Form.
It is also the distributor’s responsibility to assist the claimant, based on advice obtained from Surtech.
Under the Sales of Goods Legislation distributors are obliged to resolve customers’ claims and complaints. The distributor’s supplier can only act on the direction of the distributor and cannot take over claims directly with the distributor’s customer
21. TITLE TO GOODS
(a) Until payment in full has been received for all goods works and materials comprised in this or any other Contract between the Seller and the Buyer full legal and beneficial ownership of the goods and materials comprised in this Contract shall be retained by the Seller notwithstanding that the risk in the same shall pass to the Buyer at the time of delivery.
(b) Subject to paragraphs 11(d) and 11(e) of these conditions the Buyer shall be at liberty to sell the goods and materials comprised in this Contract and/or any products made therefrom in the ordinary course of business but shall hold the proceeds of the sale in trust to pay the Seller such sums to which it is entitled under the provisions of this Contract or any other Contract between the Seller and the Buyer. Notwithstanding the provisions of this paragraph the Buyer may retain from the proceeds of such sale any sum in excess of the sum or sums to which the Seller is entitled under this or any other Contract between the Seller and the Buyer.
(c) The Buyer’s power of sale as provided in paragraph 11(b) of these conditions shall automatically cease if a receiver is appointed over the whole or any part of the assets or the undertaking of the Buyer or a winding up order is made against the Buyer or the Buyer goes into voluntary liquidation (except solely for the purpose of reconstruction or amalgamation) or calls a meeting or makes any arrangement with his or its creditors or commits any act of bankruptcy.
(d) Until payment in full for the goods and materials comprised in this Contract has been made the Buyer shall hold the same and/or any product or products made wholly or partly therefrom as Bailee of and in trust for the Seller and shall at all times take proper care of the goods and keep them in such manner that they may be clearly identified as belonging to the Seller. The Buyer will return the goods and materials and/or any products made wholly or partly belonging to the Seller if it receives a written request so to do prior to payment in full having been made.
(e) (i) On determination of the Buyer’s power of sale under paragraph 11(c) and/or 11(d) the Buyer shall place those goods and materials and any product or products made wholly or in part therefrom in the Buyer’s possession at the Seller’s disposal and the Seller shall be entitled to enter upon the premises of the Buyer for the purpose of removing the same.
(ii) If at the time of determination of the Buyer’s power of sale under paragraph 11(c) and/or 11(d) any goods and materials and/or products made wholly or in part therefrom are in the custody or control of any individual firm or company other than the Buyer he or it shall immediately provide the Seller with an authority in writing to collect the same and they shall then be at the Seller’s disposal.
(iii) The Seller shall hold those goods materials and products collected in accordance with the provisions of this paragraph upon trust to sell the same and retain from the proceeds of the sale thereof any sum whatsoever due to the Seller from the Buyer and shall pay any balance remaining to the Buyer or its duly appointed representative.
The Seller reserves the right to correct any clerical or typographical errors made by its employees or agents at any time and will accept no responsibility for such errors.
23. HEALTH AND SAFETY AT WORK ACT 1974
The attention of the Buyer is drawn to the provisions of section 6 of the Health and Safety at Work Act 1974 (as amended). The Seller will provide to the Buyer information on the design, construction and installation of its products to ensure that as far as is reasonably practical they are safe and without risk to health when properly used. It is the responsibility of the Buyer to take such steps as are necessary to ensure that such information relevant to the goods is made available to all persons who will use, set, clean or maintain the goods and will also take all steps recommended by the Seller to ensure that the goods are safe and without risk to health when properly used. Even when manuals and a CE certificate are supplied it is the buyer’s responsibility to make sure the goods comply with current Health and Safety regulations. The seller’s recommendations are meant to be general advice but not the legal correct interpretation of the rules.
Our Terms and Conditions of Sale include our Health and Safety Recommendations, detailed in our 50 page booklet. The booklet is sent with every machine order. Copies are available on request.
24. CE CERTIFICATE
All new machines supplied by the seller are supplied with a CE certificate, either issued by the original manufacturer or by SURTECH. Used machines built before the introduction of CE are supplied without CE certificate. Used machines built after the introduction of CE are only supplied with a CE certificate if one is available. To produce a new CE certificate can cost between £ 500 and £ 2000.
25. INSTALLATION, TRAINING
Our prices do not include installation , commissioning of machines and training, unless otherwise specified in writing. Ask for current prices for installation, commissioning and training.
26. AFTER SALES SERVICE, AVAILABILITY OF SPARES
SURTECH offer in house servicing and repair facilities for all their machines. Service contracts and Machine Checks are available.
SURTECH keep most spares of standard machines most of the time, based on historical demand. SURTECH do not keep spares for dedicated machines unless agreed. Delivery times for spares can be from 4 to 10 weeks.
The buyer is therefore advised to discuss spares requirements with SURTECH when ordering a machine.
SURTECH will then carry the agreed spares for the buyer to call off if and when required. Surtech encourage their customers to order parts liable to rapid wear with the machine, particularly if the machine is a vital part of his production.
If at any time any one or more of the provisions of these conditions become invalid illegal or unenforceable in any respect under any law or is held by a court to be invalid illegal or unenforceable the validity and enforceability of the remaining provisions hereof shall not in any way be effected or impaired thereby.
Any time or indulgence granted by the Seller to the Buyer or any waiver by the Seller of its rights in respect of any breach by the Buyer of any terms or conditions shall not be deemed to grant time or indulgence in respect of any other matters or as a waiver by the Seller of its rights in respect of any other such breach.
29. THIRD PARTY RIGHTS
Nothing in this Deed is intended to confer on any person any right to enforce any term of this Deed which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
These conditions and each and every Contract made pursuant thereto shall be governed by and construed in all respects in accordance with the laws of England.
31. CHANGE OF TERMS AND CONDITIONS
The seller reserves the right to change any of the above Terms and Conditions. The new Terms and Conditions will be sent to customers with the next quotation, invoice or statement.
Because it is not possible to re-
244 Heneage Street, Birmingham, B7 4LY
Surface Technology Products Ltd. Registered in England No. 1009612
Midpex Ltd. Registered in England No. 977735
HB Abrasives Ltd. Registered in England No. 1283890