GENERAL TERMS & CONDITIONS OF WORKS & SALE.
(BOREHOLE SPECIFIC TERMS BELOW)
In these conditions “The Company” means Whatley & Co (Pewsey) Ltd and “the buyer” means the person, firm or Company with whom the Company contracts.
These conditions of Sale are expressly incorporated as terms of any orders, which are made and accepted by the Company. Any qualifications or other conditions proposed by the buyer will not apply to the contract unless expressly endorsed in writing by the Company.
3. Carriage and Risk.
Unless otherwise specified by the Company, prices do not include the cost of delivery. All carriage costs will be charged to the buyer, both inward and outward. All outward goods will be consigned by the method selected by the Company but so far as possible at the most economical rate unless the Buyer expressly gives instructions.
4. Notification of Claims.
Any shortage, damage or theft must be notified to the Company and the Carriers within three days of receipt, in writing. Should the buyer fail to comply the Carriers will disdain liability and the Company cannot accept responsibility.
All packing cases and crates will be charged for at cost where applicable, but credit will be given if returned in good condition, carriage paid, within one month from date of delivery at the buyer’s premises.
6. Return of Goods.
Goods sent in accordance with any order cannot be accepted unless the Company agrees in writing to their return and issues a Goods Return reference which must be quoted on all documentation with the returned goods. Goods returned will be subject to a minimum re – stocking charge of 15%. In case of goods specially ordered or manufactured for the buyer, these will generally not be returnable for credit and if allowed, only on the authority of a senior principal of the Company.
7. Prices and Payments.
Any prices quoted will normally be valid for a period of 30 days and generally will apply at the time of dispatch providing it is within that period. However, the Company reserve the right to vary prices at the time of dispatch in the event of any increase in costs to the Company, unless a fixed price has been agreed previously in writing between the Company and the buyer.
Payment for products, parts and services, unless otherwise agreed in writing, shall be made not later than 30 days from the date of invoice, which will be the same as the date as dispatch.
The FIRST TRANSACTION and / or until a Credit Account has been opened will be by PRO FORMA INVOICE. This will not be changed unless approved by a senior director of the Company.
All prices referred to herein are exclusive of VAT or any other Tax or Duty, which is or may be levied or charged.
The Company reserve the right to charge interest on all overdue payments, at the rate as accepted and used by the County and High Court such interest will accrue daily. The company also reserves the right to charge a flat rate administration fee of £100 in addition to interest charges.
8. Guarantee Warranties and Limitations of Liability.
Subject to Buyer’s obligations as to the payment having been performed and to the compliance by the buyer of these Conditions, the Company will at its option repair or replace free of charge any goods supplied by the Company or any part or parts thereof which are shown to the Company’s satisfaction to be defective due to faulty materials or workmanship. The period of warranty during which the Company will consider claims will be twelve months from date of supply.
The Company’s liability under this guarantee is strictly limited to repair or replacement and does not extend to any other cost, loss or damage or contingent liability.
Any letters, numbers or other marks or markings which appear on or are attached, to the goods must not have been altered, defaced obscured, obliterated or removed. The goods must not have been tampered with or misused and must have been installed, used and serviced in accordance with the instructions issued by the Company or Company Supplier. If these conditions have not been compiled with, the Company’s guarantee as set out above will cease to be in force.
The Company shall not be liable in any manner whatsoever whether in contractor, or otherwise for any loss or damage howsoever caused and whether consequential or otherwise in relation to or arising out of the malfunction of the goods save where the same is attributable directly and foreseeably to the default or negligence of the Company or the Company’s servants.
No guarantee or repair work will be entertained without prior written consent.
9. Force Majeure or Delay.
If a delivery date is specified in writing by the Company, then it shall be taken as an estimate made by the Company in good faith and shall not be a term of the contract. If delivery is prevented, hindered or delayed by any cause outside the control of the Company, the Company shall be entitled to an extension of time PROVIDED however that if the delivery is wholly delayed for a period more than six months either party may by notice in writing determine the contract. The company will notify the Buyer as to the existence of a force majeure as soon as it becomes aware of same, to fix a date from which the six months period runs.
If the Buyer commits any breach of the contract of becomes bankrupt or insolvent or makes any arrangement with his creditors or goes into liquidation, or has a Receiver appointed or an execution or distress levied on his or its goods, then the Company may forthwith determine the contract without prejudice to any claim which the Company may otherwise have and the Buyer shall have no right to claim compensation for such cancellation.
If the contract is terminated in accordance with the above, the company reserves the right to recover, at the Buyer’s expense, and without demand, all the goods and materials that remain the Company’s property in accordance with Clause 11 of the Terms & Condition of Sale.
11. Ownership of Goods.
The company shall remain the sole and absolute owner of all goods, parts and services until the agreed price of the goods, parts and services, has been paid to the Company by the Buyer in full. Until such time the Buyer shall be bailee of the goods etc of the Company and shall store them upon his premises separately from his own goods or those or any other person in a manner which makes them readily identifiable as the products of the Company.
If the Buyer fails to complete payment within the time stipulated or be in default of payment for any reason, then the Company shall be entitled to stop all deliveries of goods and materials whether such deliveries relate to the Contract under which the debt is still owed or not. The Company will in addition also be entitled to terminate all out standing orders and to repossess immediately all goods and materials which its property under this clause are.
Any waiver if the above conditions of any of them will not prejudice or affect the Company’s rights and remedies about a subsequent breach of Contract on the Buyer’s part.
Acceptance by the Buyer of any offer made by the Company in respect of any aspect of a sale, implies acceptance of the Company’s Terms and Conditions.
14. Rights of Third Party.
No part of this or any other agreement shall confer nor be intended to confer a benefit of any third party for the purposes of the Contract (Rights of Third Parties Act) 1999 or for any other purpose.
15. The Terms & Conditions of Sale will be governed and construed in accordance with English Law.
TERMS & CONDITIONS BOREHOLE AND ASSOCIATED WORKS.
In providing as estimate, offer or other for a borehole or borehole associated works, the specification;
(a) Is prepared based on data obtained from the Environmental Agency, British Geological Survey, or any other source and as such the Company cannot guarantee this date to be accurate and will not accept responsibility for data accuracy.
(b) Assumes easy access to the proposed borehole position for the Drilling Rig and all associated equipment required for drilling the borehole.
(c) Does not unless otherwise stated, include for any distribution pipework, electricity or control cables, or any other item.
(d) Includes for carrying out a short yield test, enough to ascertain the Potential yield of the borehole. It does not include for carrying out a full pumping tests to meet the Environment Agency’s requirements.
(e) For yield testing it is assumed an adequate electricity supply is available on site. If no electricity available or the supply is inadequate, then a generator will be hired for the period of the yield test and charged as extra at actual cost.
(f) If an estimate, offer or other is given for a borehole specifying the use of temporary lining tubes, then the specification includes for the installation and removal of temporary tubes, necessary to keep the borehole open while permanent lining tubes are installed. If on completion it is not possible to recover the temporary tubes from the borehole, then those tubes not recovered will be charged for.
(g) If an estimate, offer or other is given for a borehole not specifying temporary lining tubes and it is found during drilling temporary lining tubes are required to stabilise the borehole, then the supply, installation and removal costs of the temporary tubes will be charged for. Subsequent non – recovery of any of the temporary tubes will be as for item (e) above.
(a) In sinking a borehole, the Company will not accept liability for the Borehole being abortive through having insufficient water, water being of non – potable quality from whatever cause, or from any other cause, other than because of negligence by the Company or Company’s employees.
(b) In the event of the borehole being abortive from whatever cause as in above, all expended costs will be charged in full, and subject to the condition 3.
3. Costs and Pricing – Charging
In providing an estimate, offer, or other for a borehole, the prices given are those ruling at the time of estimate preparation, and while the Company will endeavor to maintain these, the prices charged will be;
(a) Those ruling at the time of delivery in the case of materials.
(b) Those ruling at the time of commencement in the case of all labour.
(c) The cost of additional drilling and lining tube supply and installation will be charged as extra.
4. Payment Terms
Construction of Borehole;
Payment of 50% the borehole cost on delivery of drilling rig to site.
All associated works;
Payment in full, 30 days from date of invoice, rendered on completion of the works.
Interest, Flat Rate Administration Fee, VAT or any other Tax or Duty will be levied or charged as stated in Item 7 of the Company’s general Terms & Conditions of Sale.
5. Ownership of Borehole & Associated Works
The Company shall remain the sole absolute owner of the borehole, equipment and all associated works until such time as the agreed price for the works has been settled in full. Until such time the Buyer shall be the bailee of the borehole and associated works of the Company.
If the buyer fails to complete payment within the time stipulated of be in default of payment for any other reason, then the Company shall be entitled to enter the buyer’s property and to repossess immediately all goods and equipment, and such materials as can be recovered from the Borehole.
The Company will, in addition, also be entitled to fill in the borehole.
Acceptance of an estimate, offer, or other for a borehole together with any associated equipment and works, implies acceptance of all terms and conditions “Borehole and Associated Works” and “General”.
No Term or Condition will be altered, deleted or substituted without the express agreement in writing of a Principal of the Company.
The above terms and conditions are to be read in conjunction with the General Terms & Conditions.
E & O.E.