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In these Terms & Conditions, unless the context otherwise requires:
“The Company” means Sta-Lok Terminals Ltd of The Forge, Mistley Heath, Manningtree, Essex CO11 2QH.
“The Customer” means the person, firm or company to whom the Company supplies Goods under the Contract.
“The Contract” means the contract entered into between the Company and the Customer in relation to the Goods supplied, and
“The Goods” means the goods which the company is to supply to the Customer under the Contract.
2.1 The Company supplies the Goods on these Terms & Conditions only. Accordingly these Terms and Conditions shall apply to all orders for the Goods which are received from the Customer and (save as shall have been expressly agreed in writing by a director of the Company) shall prevail over any conditions of contract which the Customer may seek to impose. No variation of, or addition to, these Terms & Conditions and no representations about the Goods will be binding on the Company unless made in writing and signed by a director of the Company.
2.2 Any reference in these Terms & Conditions to any provision of an Act of Parliament or statutory instrument shall be construed as a reference to that provision as amended, re-enacted or extended from time to time.
2.3 The headings in these Terms & Conditions are set out for convenience only and shall have no effect on the interpretation of the individual clauses.
3.1 The Contract does not become binding upon the Company until the Company has issued a written acceptance of the Customer’s order.
3.2 The Company’s obligations under the Contract shall be limited to supplying the Goods contemplated by the Customer’s order together with any variations thereof and additions thereto, which may subsequently be agreed. The Customer must give the Company reasonable notice of any variations and additions that are required.
4.1 Subject as hereinafter provided, the price payable by the Customer for the Goods shall reflect the Company’s price list from time to time in force in relation to the Customer except where the Company has issued a written quotation to the Customer, in which case the price or prices referred to in that quotation shall prevail,
4.2 The Company does however reserve the right to increase the price payable in order to reflect any agreed variations or additions to the Customer’s requirements and any increases in production costs, which may be incurred by the Company between the date of the Customer’s order and the date of despatch. In no circumstances shall any increase in the Contract price entitle the Customer to cancel its order or to repudiate the Contract but the Customer shall be entitled to receive notification of any such increases as soon as possible after their occurrence.
4.3 Unless expressly included in any quote given to the Customer, the Company shall be entitled to recover from the Customer as an additional item at cost all transportation, insurance, storage and other associated costs and charges which are incurred by the Company in delivering the Goods in accordance with the Customer’s order, including any additional costs and charges which may be incurred by the Company in the event of the Customer for any reason failing or being unable to accept delivery of the Goods when tendered or causing despatch or delivery to be withheld through the non-payment of any sum due to the Company.
4.4 Unless otherwise indicated, all prices listed or quoted are exclusive of any applicable Value Added or other relevant sales taxes, which the Company reserves the right to levy at the prevailing rate on all amounts actually charged to the Customer.
5.1 Payment of sums due under the Contract shall be made by the Customer nett within 30 days of invoice, unless the Company has requested alternative terms of payment in which case payment should be made on the terms then requested. The Company shall be entitled to invoice the Customer for each consignment despatched at any time on or after the date of despatch.
5.2 In the event that payment is not made by the due date, the Company shall be entitled to charge the Customer interest on any overdue amounts at the rate of 2% per month (or at such other rate as maybe advised by the Company from time to time) for each month or part month during which the said amounts are to remain overdue (both before and after any judgement).
5.3 Payment on or before the due date is of the essence of the Contract. Accordingly the Company shall upon notice to the Customer be entitled to withhold delivery and/or suspend the performance of the Contract generally if at the time of the notice payment of any amount stated on any of the Company’s invoices (whether related to the Contract or not) is then overdue. If the Customer fails within 14 days of notice to settle the amount outstanding under the said invoices, then the Company shall be entitled to terminate the Contract without further notice.
5.4 The Customer shall not be entitled to retain, deduct or defer any sums whatsoever due to the Company under the Contract on account of any dispute cross claim or set off which it might have with the Company or with any company in the same group of companies as the Company.
6.1 The performance of the Contract is subject to availability, and therefore in the event that it is unable to supply any specific Goods or any specific quantities of Goods, the Company reserves the right to provide suitable alternatives or suitable alternative quantities, and to make such reasonable adjustments (upwards or downwards) to the Contract price as are necessary to reflect the change. Such alterations shall not entitle the Customer to repudiate the Contract.
6.2 Unless otherwise indicated, and subject to the provisions of clause 4.3, the Company shall be responsible for arranging delivery of Goods to the Customer’s premises. Accordingly the Customer undertakes to provide a safe and convenient access for the Company’s delivery vehicles (or those of its agents) at each delivery point together with safe facilities for the loading and unloading of the Goods (including any assistance in loading and unloading that may be required). The placing of an order by the Customer shall be deemed to constitute authority for the Company’s delivery vehicles (or those of its agents) to enter the Customer’s premises where necessary and it shall be the responsibility of the Customer to supervise the safe discharge of each load.
6.3 Any time estimates or delivery dates given by the Company shall be by way of guidance only and shall not be of the essence of the Contract. Accordingly any delay in delivery shall not entitle the Customer to repudiate the Contract and the Company shall not be liable to the Customer (either in contract or tort) for any loss or damage whatsoever (including consequential losses, loss of profit and other losses of a similar nature) which may be suffered or sustained by it as a result of any failure by the Company to adhere to any time estimate or delivery date given.
6.4 If for any reason the Company still fails to deliver the Goods within any reasonable time limit specified by the Customer at any time after the Customer has purported to make time of the essence of the Contract, and a Court or any other arbiter subsequently finds the Company to be responsible for any loss or damage suffered by the Customer as a result thereof, the Company’s liability therefore (both in contract and tort) shall be strictly limited to the excess (if any) of the cost to the Customer (over and above the Contract price) of obtaining similar goods (in the cheapest available market) to replace those not delivered.
6.5 Without prejudice to any of the above the Company shall be entitled to deliver the Goods by single delivery or installment at its option and, whenever the Goods are delivered, or are to be delivered, by installments, the Company shall be entitled to treat each delivery as a separate contract. Accordingly any failure by the Company to make one delivery (in whole or in part) shall not entitle the Customer to terminate any other contract or refuse any other deliveries.
7.1 Unless otherwise indicated, the risk of damage to the Goods shall pass to the Customer upon delivery to the Customer or its agents
7.2 However, title to the goods shall not pass to the Customer until the Company has received payment in full of all sums due from the Customer under the Contract together with any interest accrued thereon and other charges. In the meantime, the Company shall retain full legal and beneficial title to the Goods and the Customer shall (a) hold the goods in a fiduciary capacity as the Company’s bailee free from any charge, lien or other encumbrance, (b) shall keep the Goods fully insured with a reputable insurer, and (c) shall store the Goods separately in such a way that they can be clearly identified as the Company’s property. In this period the Company shall be entitled to recover possession of the Goods (or any of them) at any time and for any reason whatsoever and shall be entitled without restriction to lawfully enter upon the premises to the customer for the purposes of removing the Goods. The customer shall pay all costs and expenses incurred by the Company in exercising this right.
7.3 If, pending the passing title in the Goods, the Customer sells or otherwise disposes of the Goods in such manner as to pass valid title to a third party, the Customer shall hold the full proceeds of such a sale (and pending payment the right to receive the proceeds of such a sale) on trust for the Company in a separate and identifiable bank account. During the same period, the Customer will pay the said proceeds to the Company on demand notwithstanding that any period of credit extended to the Customer may not have expired. In addition the Customer agrees that it will assign to the Company upon the Company’s request all of its rights (under such a contract of sale) against any subsequent purchaser of the Goods.
7.4 Notwithsstanding that title may not have passed to the Customer, the Company may maintain an action for the price of the Goods supplied. The Customer acknowledges that nothing in clauses 7.2 and 7.3 above confers any right upon the Customer to return or reject the Goods supplied or to refuse, defer or delay payment for them.
8.1 The Company shall (without prejudice to any other remedy available to it) have in respect of all unpaid debts and other sums due from the Customer under the Contract a general lien on any goods and property whatsoever in is possession (whether in relation to the contract or otherwise) which are or intended to become the property of the Customer.
8.2 Pursuant to that lien, the Company shall be entitled upon fourteen days written notice to the Customer to sell any goods or property so held upon such items as it thinks fit, and to keep the proceeds of the sale thereof in diminution of the debts, the other sums due and all costs and expenses incurred in or about effecting the sale.
Orders for Goods which have been accepted by the Company may not be cancelled or suspended without the Company’s prior written consent which consent the Company may give or withhold in its absolute discretion.
If any clause or sub-clause or part thereof contained in these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of the clause or sub-clause and of the remaining clauses and sub-clauses of these Terms and Conditions shall not be affected thereby.
No waiver by the Company of any particular default or breach of Contract by the Customer shall be considered as a waiver of any subsequent default or breach of the same or of any other provision of the Contract.
The Customer may not assign the benefit or burden of the Contract without the written consent of the Company which the Company may give or withhold in its absolute discretion.
In the event that the normal course of the Contract is frustrated, prevented, interrupted, hindered, delayed or rendered unduly expensive in any way whatsoever through war, rebellion, civil commotion, strike, lock-out or industrial dispute, fire, explosion, earthquake, act of God, flood, drought or bad weather, the unavailability or late delivery of supplies, the inability to secure labour or by any other cause whatsoever beyond the Company’s control, the Company shall promptly give notice thereof to the Customer and shall have the right to cancel the Contract or defer its performance for as long as such force majeure shall continue.
The construction validity and performance of the Contract shall be governed by English Law and all disputes or questions which may arise out of, or in connection with, or in relation to the Contract shall be decided by the English Courts.
15.1 All Goods are sold on the basis that the Customer is neither a consumer nor deals as a consumer within the meaning of the Unfair Contract Terms Act 1977. Where the Goods are supplied under a consumer transaction, the statutory rights of the Customer shall be unaffected by anything set out in these Terms and Conditions.
15.2 The Company hereby warrants that the Goods are at the date of delivery free from any material defect in workmanship and will remain free from any material defect in workmanship and materials for a period of 2 years from the date of delivery to the Customer and correspond with any agreed written specification but the Company’s liabilities under this warranty shall be limited to making available free of charge the labour and materials required to make good any such defects or (at the Company’s option) replacing any defective Goods. The Company’s liability under this warranty is also subject to the following conditions and limitations:
a. The Company will not accept any liability for any defective or faulty Goods supplied, unless the Customer gives the Company written notice of the defect or defects in question within 90 days of delivery (save where the defect or defects are of a nature which would not normally be apparent upon a reasonable inspection, in which case the notice of defect or defects must be given within 14 days of discovering the same);
b. The Company will not accept any liability for goods damaged in transit unless the Customer gives it written notice of the damage within 5 working days of delivery;
c. The Goods having been properly stored and used by the Customer prior to the defect occurring;
d. The Company will not accept any liability whatsoever in relation to any goods which have been fitted incorrectly or subjected to any incorrect, abnormal or improper load use accident or unauthorised modification, repair or application, whether by the Customer or any third party;
e. The goods having been used in accordance with the Company’s instructions whether written or oral;
f. The Goods having been subjected to proper and adequate inspection after installation and properly maintained in accordance with the Company’s guidelines;
g. The Goods having been returned at the Company’s request but at the Customer’s expense for inspection; and
h. The Company having received the total price for the Goods by the due date for payment. Without
prejudice to the provisions of clause 7.1 above, all goods which are returned to or replaced by the Company, shall become the property of the Company.
15.3 The warranty contained in clause 15.2 is given in lieu of and shall be deemed to exclude all other warranties and conditions whether express or implied whether arising by common law, statute or otherwise to the fullest extent permitted by law, other than that relating to title to the Goods. The warranty contained in clause 15.2 does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company.
The warranty contained in clause 15.2 does not extend to cosmetic defects occurring after supply. In corrosive atmospheres stainless steel parts may show discolouration.
15.4 Save as provided under the Unfair Contract Terms Act 1977 and as mentioned in this clause 15, all
liability (both in contract and in tort) of the Company for any consequential losses, loss of profit and other losses of a similar nature which may be suffered or sustained by the Customer in connection with the contract and/or the quality or performance of the goods supplied there under is excluded to the fullest extent permitted by law.
15.5 All Goods are sold on the basis that the Customer has satisfied itself as to the suitability of the Goods for use or resale in accordance with its own specialised knowledge and skill and the Customer acknowledges that it has not placed any reliance upon the skill or judgement of the Company or of any of the Company’s servants or agents. In the case of export orders, it is also the Customer’s responsibility to ensure that the Goods comply with any legislation or regulations relating to their use in the country in question and the Company shall not therefore incur any liability whatever in respect thereof. The Company shall not be under any liability in respect of any defect arising from fair wear and tear, wilful damage or arising from any drawing, design or specification supplied by the Customer.
15.6 The Customer agrees to indemnify the Company against all claims relating to Goods sold to the Customer in respect of any loss damage or expense, whether direct or consequential, sustained by any third party save only in respect of death or personal injury caused by the negligence of the Company or any of its employees, agents or sub-contractors.
15.7 Notwithstanding the above provisions, the Company does not exclude or restrict its liability for death or personal injury caused by its negligence or that of its employees, agents or subcontractors.
15.8 Some states do not permit some of the limitations or exclusions noted above, so some of them may not apply to the Customer.
16.1 Rigging hardware manufactured by Sta-Lok is guaranteed at the time of shipment, to be free of defects in material and craftmanship and only when used for the purpose intended.
16.2 Returned goods will not be accepted without notification and prior approval by Sta-Lok Terminals Ltd.
16.3 All returns must be prepaid and in a re-saleable condition before a credit can be issued. We reserve the right to make a re-stocking charge of 25%.
16.4 Items that have been manufactured to specific requirements, including but not limited too, Wire Rope Assemblies and Tie Rod Assemblies cannot be refunded.
We believe that customer service is an extension of the quality products we produce.
Our technical specialists are on hand to assist with any product or technical queries, or indeed, bespoke or unique requests to help you complete your project.