CONDITIONS OF SALE

1. CONDITIONS
All quotations are made and all orders are subject to the following terms and conditions not withstanding anything to the contrary contained in any order of other form used by the Customer or in any correspondence or in any order which has been accepted and no variation of these Terms and Conditions shall have effect unless expressly agreed in writing by Fellows Stringer Cranes & Hoists Limited thereinafter call ‘The Company’

2. ACCEPTANCE AND CANCELLATION
(A) Unless previously withdrawn all quotations are open for acceptance within 30 days only from the date thereof and are subject to confirmation in writing by the Company at the time of such acceptance.
(B) The Company reserves the right to accept or refuse any order and the cancel any uncompleted order or to suspend delivery if the customer fails to observe or perform any Term of Condition on the part of the customer to be observed or performed or if the Company reasonably believes that the Customer may do so.
(C) Orders cancelled are subject to a 35% cancellation charge

3. HANDLING CHARGE
Returns accepted with no fault of Fellows Stringer are subject to a 35% handling charge and carriage cost to return to Verlinde, France which will be advised.

4. RETURNS POLICY
Goods in return will only be accepted by Fellows Stringer with an original “Return Delivery Note” (available upon request) duly completed and signed by the authorised people at Fellows. It should be attached to the outer packing of each box. If this delivery note is not clearly readable, the box will be automatically refused and returned to the sender.
This procedure is valid for all means of transportation. Return back freight will not be accepted.

5. MINIMUM ORDER VALUE
Minimum order value, £50.00 nett (excluding carriage)

6. PRICES
(A) All prices quoted in the Company’s catalogues and publications are subject to alteration or withdrawal without notice.
(B) Prices quoted or stated in any confirmation of order are based on costs ruling at the date of quotation or confirmation and if between that date in which goods are despatched by the Company variations shall occur in such costs either by rise or fall the Company reserves the right to amend the prices and invoice the goods at the Company’s prices current on the date of despatch.

7. DELIVERY
(A) Unless otherwise specified in the quotation or confirmation the stated price is ex-works and delivery of the goods is made by such method as the Company may select the goods shall be at the Customer’s sole risk as soon as they have been delivered. A clear receipt for the goods shall be sufficient evidence that they have been delivered in good condition. The Company will only be responsible for the replacement or (at the Company’s option) repair of the goods damaged in transit if written notification of such damage is received by the Company within 4 days of delivery and the customer takes at the request of the Company such reasonable steps as may be necessary to enable the company to pursue a claim against the carrier,
(B) The Company reserve the right to deliver in reasonable instalments.
(C) The Company will make every effort to deliver at the rate of within the time specified in the order or confirmation but unless it is specifically agreed in writing to the contrary the customer shall not be entitled to cancel the order on the ground of delay in delivery howsoever caused nor to claim damages or compensation in respect thereof.

8. PAYMENT
Unless otherwise agreed in writing payment shall be made by net cash not later than 30 days after the date of invoice but, unless Trade and Bank References have been furnished in respect of the Customer to the Company’s satisfaction, the Company reserves the right to require payment in full notification by the Company that the goods are ready for despatch. In the event of the Customer (being a Company) going into liquidation or (being an individual Firm) be adjudicated bankrupt or (in either case) having a receiver appointed in respect of any of the assets of the Customer, all future payments shall be treated as having fallen due immediately prior to such Liquidation, adjudication appointment. If payment is not made in accordance with this Condition the Company (without prejudice to any other right or remedy) shall be entitled to charge interest on the amount overdue at a rate equal to 2% per month or part of a month.

9. OWNERSHIP
(A) The legal and beneficial ownership of goods supplied by the Company shall not pass to the Customer until payment in full has been received by the Company of all sums due for the goods and any other goods supplied to the Customer by the Company and, in the event of any payment being overdue, the Company may (without prejudice to any other right or remedy) recover or resell any such goods which have not been sold by the Customer in accordance with paragraph (B) of the condition and enter on the Customer’s premises for the purpose.
(B) Until the Company shall have exercised its right to recover any such goods or the Customer shall have received written notice of the Company’s intention to exercise that right the Customer shall be entitled to sell such goods in the ordinary course of business and shall hold the proceeds of sale thereof or, where such goods are sold with other goods, the proceeds of sale reasonably attributable thereto, in trust for the Company.

10. LIEN
Without prejudice to any other right or remedy of the Company (including any lien arising under common law) the Company shall be entitled to a general lien on any goods of the customer in the Company’s possession in respect of any payments due from the customer to the Company.

11. GUARANTEE
(A) In relation to goods supplied by the Company, the Company warrant to the Customer that, provided the goods shall be in the possession of and used by the Customer, the Company will be for a period of six months from the date of delivery free of charge replace or at its option repairs any parts or parts of the goods proved to be reasonable satisfaction of the Company to be defective owing to faults in workmanship or materials.
(B) In relation to goods of the Customer on which the Company has carried out work the Company will for a period of six months from the date of delivery free of charge rework the goods (or where this is not practicable carry out the work on replacement goods to be supplied by the Customer) where it is proved to the reasonable satisfaction of the Company that the original work as defective.
(C) This guarantee shall not apply to any defect not promptly notified to the Company or which the Company’s opinion arises by reason of misuse neglect or accident or by reason of the improper installation or alteration of the goods or by reason of the fitting any part not manufactured or sold by the Company.
(D) This guarantee in paragraph (A) of this condition shall not apply to goods not of the Company’s manufacture in which case the Customer shall be entitled only to such rights as the Company may receive under any guarantee given in respect thereof.
(E) During the period of the guarantee the Company shall be entitled to inspect the goods at all reasonable times.
(F) Unless otherwise agreed by the Company in writing then in so far as the law permits the Company shall be under no further liability to the Customers in contract, tort or otherwise in respect of any defect in the goods that is imposed by this condition.
(G) Verlinde Equipment - The guarantee does not cover normal wear, nor the failures resulting from lack of regular and periodic maintenance. It does not cover damage due to lack of supervision, to false operation or to bad utilization of the hoists, particularly due to overload conditions, slantwise drawing, under voltage or over voltage or a connection error. The guarantee does not apply when there is disassembly, modification or replacement of parts (mechanical or electrical) by an unauthorised party of without our prior agreement.. Repairs under warranty are, in principle, effected in the workshops of Fellows Stringer/Verlinde, and it is the responsibility of the purchaser to return the equipment to be repaired of the defective parts at his own expense. When the repair of the equipment takes place outside the workshops of Fellows Stringer/Verlinde, the resulting expenses for labour, travel and accommodation of Fellows Stringer/Verlinde will be invoiced to the purchaser. An order number will be requested prior to the engineers site visit. The parts replaced become the property of Fellows Stringer/Verlinde and must be returned at the purchasers expense. The supply , free of charge, or replacement parts comprise despatch from the vendors factory. The return of equipment repaired is at the expense of the purchaser. The replacement parts and the parts repaired are guaranteed under the same original conditions and for a new period of the same duration.

12. INDEMNITY
The customer will indemnify the Company against all damages penalties costs and expenses to which the Company may become liable of work done in accordance with specification of the Customer which involve the infringement of any letters Patent Registered Design Trade Mark Copyright or other similar right or which give rise to any claim for compensation for injury to person or property or for economic loss.

13. FORCE MAJEURE
The Company shall be relieved of liability under the contract if and to the extent to which the fulfilment of any obligation is prevented or rendered impracticable as a direct or indirect consequence of War (including hostilities whether War has been declared or not) or of conforming to any statute or to any rules regulations orders or requisitions made by any Government Department or Local or other competent Authority and in such case the Customer shall pay for the goods already supplied and the contract shall be at an end.

14. LAW OF CONTRACT
The Contract shall in all respect be construed and take effect in accordance with the Laws of England and shall be subject to the jurisdiction of the English Courts.