Terms & Conditions of Trading
The Expression “the Company” shall mean FBC Engineering Ltd T/A Mushtaq's Machinery and “Customer” shall mean any person, firm, company, or corporation whatsoever dealing with the Company.
Any reference herein to the singular shall, where the context so admits, be construed to include both the male and female gender and the plural as well as the singular and any trading styles howsoever formed.
Equipment and/or services are sold, supplied or provided by the Company only on the conditions herein set out. No prior representations or variations of, or additions to these conditions shall have effect or form part of any contract between the Company and the Customer unless accepted and confirmed in writing by a director of the Company. All orders for Equipment or services, the acceptance by the Customer of the Equipment or services or any part thereof, or any conduct by the Customer in confirmation of the transaction shall constitute unqualified acceptance by the Customer of these conditions.
In any case where the Customer’s written conditions conflict with these conditions, the Company’s Conditions herein set out shall prevail.
Passing of risk
The risk in Equipment supplied shall pass to the Customer:
In the case of Equipment delivered by the Company’s own transport, upon delivery to the premises designated by the Customer, and
In all other cases on delivery to the carrier
Passing of Property
Whether or not the risk in the Equipment sold shall have passed to the Customer, the property in the Equipment sold shall be and remain in the Company until the Company has received payment in full for them, together with payment in full for any other Equipment supplied by the Company to the Customer, the price for which is overdue for payment, or other payments as set out in clause 6. Pending receipt by the Company of such payments, the Customer shall hold the Equipment for the Company as fiduciary bailee only.
When payment for the Equipment is overdue or the Customer suffers distress or execution to be levied against his or its effects, makes an arrangement or composition with creditors or, being a corporate body, enters into liquidation a Company Voluntary Arrangement, or Administration order, or has a receiver appointed to the whole or part of its undertaking or, being an individual, has a bankruptcy order made against him or enters into an Individual Voluntary Arrangement, then:
If the Customer remains in possession of the Equipment, whether or not the Customer has sold them, the Company shall be entitled to recover the Equipment from the Customer, or
If the Customer has parted with possession of the Equipment by way of sale, whether or not the Equipment have been mixed with or incorporated into other Equipment, the Customer having sold them as fiduciary bailee, shall hold in trust for the Company so much of the proceeds of sale of the Equipment as represents the Customer’s liability to the Company in respect of them.
Payment for the Equipment and/or services shall be a deposit of 50% of the total order value (including VAT) payable on the signing hereof with the balance of the order value plus VAT payable (in cleared funds) not less that five days before installation of the Equipment. The Company reserves the right to refuse to install the equipment should payment not be received and cleared by the installation date
In addition to the payment as set out above the Customer expressly acknowledges liability to pay the Company, on a full indemnity basis, the Company’s costs howsoever arising to obtain repayment of all sums due to the Company including, but not limited to, all costs and fees of collection together with interest accruing thereon together with VAT or local or other taxes payable in respect of the above
In addition to the cost of the Equipment and other charges and taxes set out herein the Customer agrees to pay to the Company interest on all amounts outstanding from the Customer to the Company after the period of credit imposed by the Company has expired. Such interest shall be equal to 10 per cent per anum above the base-lending rate of Lloyds Bank plc. from day to day. The Customer acknowledges that no forbearance on the part of the Company in respect of this clause shall be construed as a condition precedent in respect of any future invoices and the liability of the Customer shall be at the sole discretion of the Company.
Demand for payment in full
In the event of the occurrence of any of the matters set out in clause 5.2 above, or any failure by the Customer to make payment in accordance with these terms and conditions, in addition to the powers herein set out the Company shall be entitled to demand forthwith repayment of all sums due from the Customer irrespective of any previously.
agreed credit terms and interest shall accrue in accordance with the provisions herein set out on such full outstanding
balance from the date of such demand.
In the event of a demand being made by the Company, or in the event that the Customer has failed to pay the balance of the order value in cleared funds to the Company prior to installation the Company shall be entitled to defer or cancel any further deliveries and treat the contract of which these terms and conditions form part as determined but without prejudice to its rights to any unpaid sums as set out in clause 6, interest, and to damages for any loss suffered in consequence thereof.
9. Delay in delivery
The dates howsoever quoted by the Company are approximate only. The Company shall not be bound to make delivery of any Equipment and/or services by any particular date and the Company shall not be liable in any manner whatsoever for failure or delay in delivery.
Unless specified as included in the Second Schedule installation is not included. When the Company undertakes installation work the Company shall be entitled to make a reasonable charge and the Customer shall pay for additional costs of installation (howsoever arising) caused by the installation site not being suitable for the installation of the Equipment.
All Equipment deliveries are consigned carriage paid by the cheapest route to the Customer’s designated address.
12. Guarantees and Warranty
In the case of materials or products supplied by the Company, which are not manufactured by it, the Company will where possible grant to the Customer the benefit of any warranty whether express statutory or otherwise it has received from its supplier.
Save as aforesaid the Company guarantees its equipment for a period of 12 months from the date of delivery (save for failure due to misuse, inadequate cleaning, or maintenance) and hereby expressly excludes all other conditions and warranties whatsoever whether statutory or otherwise and the Company shall be under no liability in respect of any claim whether arising in contract or in tort for loss or damage of any kind (whether consequential or otherwise) or, save in cases where the operation of section 21 of the Unfair Contract Terms Act 1977, is not excluded, personal injury (including death) caused to any person (which expression shall include all persons firms companies or corporations whatsoever) or property by or arising out of the use of the Equipment and/or services subject to this contract.
The Company may at its absolute discretion use a third party to undertake any or all repair work.
The Company shall not liable for any losses (consequential or otherwise) howsoever arising due to the equipment being out of commission.
Any queries on deliveries must be notified to the Company in writing not more than 2 days after delivery/collection (time being of the essence in respect of this clause). In respect of justified claims these are accepted by the Company subject to its rights (at its absolute discretion) to either eliminate the fault free of charge, or to take back the Equipment and supply replacements at no additional cost. Bespoke Equipment manufactured and supplied to the Customer’s requirements will not be taken back.
The Company having fully demonstrated the equipment to the satisfaction of the Customer prior to the order being placed the Company will not be responsible for any claims howsoever arising as to the suitability of the machine for its intended use by the Customer.
Price Variation & Specification
Unless otherwise agreed in writing the Company reserves the absolute right at any time to alter its prices without any notice whatsoever and in respect of Equipment delivered and services provided after any such change of price the price charged shall be the price current at the date of despatch of the Equipment or provision of the services by the Company.
The Company reserves the right to make changes in the specification of the Equipment, which do not materially affect their description.
The Company shall not accept any entitlement howsoever arising by the Customer to set off any claim against monies due to the Customer from the Company.