CONDITIONS OF SALE – Quad-X Ltd
In these Conditions of Sale
The “Company” means Quad-X Ltd
The “Conditions” means these Conditions of Sale.
The “Purchaser” means the company, firm or individual who buys or has agreed to buy the goods.
The “Quotation” means the quotation addressed to the Purchaser of the Company.
The “Goods” means any item of whatsoever nature which the Purchaser buys or has agreed to buy from the Company on the Conditions.
The expression “ liability whatsoever” shall include, without prejudice to the generality of the expression, liability in tort (including negligence) and in contract, including liability for consequential loss (including loss of profits) or damage of any kind howsoever caused or arising.
(a) Unless otherwise stated acceptance of the Quotation must be communicated by the Purchaser to the company within 28 days from the date of the Quotation in order to constitute a binding contract.
(b) The placing of an order (whether orally or in writing) and whether or not based on a Quotation shall be deemed to be subject to the Condition which shall apply to the exclusion of any other provisions contained in any other document issued by the Purchaser and, in particular, but without prejudice to the generality of the foregoing, contained in any order sent by the Purchaser.
(c) No modification or amendment of the Conditions shall be binding upon the Company unless agreed to in writing by someone duly authorised on behalf of the Company.
(d) Unless otherwise stated in writing all descriptions, specifications, drawings and particulars of weights and dimensions submitted by the Company or otherwise contained in the Company’s catalogues, brochures, price lists and other published matter are approximate only and none of these form part of any contract or give rise to any independent or collateral liability upon the part of the Company being intended merely to present a general idea of the Goods as described therein.
(a) Unless otherwise stated the price for the Goods in respect of:- contracts for delivery within Great Britain, N.Ireland, ROI is excluding the cost of delivery charges VAT and all applicable taxes and duties the cost of which shall be determined as at the date of dispatch shall be payable by the Purchaser.
(b) The Purchaser shall not be entitled to make any deduction from the price of the Goods in respect of any set-off or counter-claim unless both the validity and the amount thereof have been expressly admitted by the Company in writing.
(c) Unless otherwise stated any Quotation is based upon the current cost of materials, labour, transport, overheads and other charges and the price quoted is subject to fair adjustment reflecting any alteration in the cost of materials, labour, transport, overheads or other charges during the period between the date of the Quotation and the date of dispatch.
- Terms of Payment
(a) All goods must be paid in full before dispatch.
(b) Failure to pay the price or any part thereof or any other monies payable by the Purchaser hereunder will also entitle the Company as its option and without prejudice to any other right or remedy to refuse to make delivery of any further consignment of Goods under this contract or any other contract or to cancel any uncompleted order without incurring any liability whatsoever to the Purchaser for any delay.
(c) Where payment is made by cheque, it shall not be deemed to have been made until the cheque has been honoured by the drawer’s bank.
(d) All goods remain the property of the Company until payment of goods has been made in full.
- Transfer of Property
(a) Legal and beneficial ownership of Goods shall remain in the Company until full payment for the Goods has been made. Until ownership passes the Purchaser must keep the Goods free from any charge, lien or other encum brance.
(b) The Purchaser acknowledges and admits that until full for the Goods has been made it holds the Goods in a fiduciary relationship as bailee of the Company.
(c) While any payment in respect of Goods remains outstanding the Company may at any time and from time to time until ownership has passed in the Goods require them to be returned to it an it this requirement is not immediately compiled with any retake possession of the Goods and may enter any premises of the Purchaser for such purpose and server the Goods from anything they are attached to without being responsible for any dam age caused. Such return or retaking of possession shall be without prejudice to the obligation of the Purchaser to purchase the Goods.
(d) The Company may maintain an action for the price of the Goods notwithstanding that ownership of them has not passed to Purchaser.
(e) The Company or any person nominated by it shall at any time and from time to time until payment in full for the Goods has been made by the Purchaser have full access to all the books of accounts and documents and papers of the Purchaser relating to any one or more of the following:- (i) the Purchaser’s dealings with the Company. (ii) the Purchaser’s dealings with the Goods. (iii) the Purchaser’s dealings with the proceeds of sale of the Goods.
(a) The Goods shall be at the Purchaser’s risk from the occurrence of the first point of time of any of the following events:- (i) the physical delivery of the Goods to the Purchaser at the Company’s place of business, or (ii) the physical delivery of the Goods to the Purchaser’s carrier, or (iii) the physical delivery of the Goods to the Purchaser’s place of business by the Company.
(b) The Goods shall remain at the Purchaser’s risk notwithstanding any subsequent return or retaking of possession by the Company.
(a) Unless otherwise stated in writing any time or date for the delivery shall run from the date which acceptance of the order is communicated to the Purchaser.
(b) The Company will make all reasonable endeavours to effect delivery on the date stated but any time or date stated for delivery is given, and intended as an estimate only and shall not be of the essence.
(c) Delivery of the Goods shall be deemed to have taken place upon first point in time of any of the events specified in Condition 6 (a) above. Signature of any delivery note by an agent, employee or representative or the Purchaser or by any independent carrier shall be conclusive proof of the delivery of the Goods. Section 36 of the Sale of Goods Act 1893 shall not apply.
(d) Without prejudice to any rights of the Company hereunder, if the Purchaser shall fail to give on or before the agreed date of delivery all instructions reasonably required by the Company and all necessary documents, licences, consents and authorities (which the Purchaser is obligated under the Conditions or by law to obtain) for forwarding the Goods or shall otherwise cause or request delay, the Purchaser shall pay to the Company all costs and expenses incurred arising from such delay.
(e) Unless otherwise stated in writing the Company shall be entitled to make partial deliveries or deliveries by instalments and to determine the route and manner of delivery of the Goods and shall for the purposes of Section 32 (2) of the Sale of Goods Act, 1893 be deemed to have the Purchaser’s authority to make such contract with any carrier as to the Company may seem reasonable. If the route involves sea transit the Company shall not be obligated to give the Purchaser the notice specified in Section 32 (3) of the Sale of Goods Act, 1893. The Company will, however, at the request of the Purchaser and for the account of the Purchaser, arrange marine insurance of the Goods and report shipment of the Goods to the insurers but shall not be under any liability whatsoever for any errors in complying with such request or omission to do so.
(f) If the Company is prevented from making delivery of the Goods or any part thereof on the agreed date of delivery by any cause whatsoever for any cause whatsoever to the Purchaser and shall be entitled at its option wither to cancel the contract or to extend the times by delivery for a period equivalent to that during which such delivery has been prevented/ Without prejudice to the generality of the foregoing, industrial or strike actions by the Company’s employees shall be deemed to be a cause outside the Company’s control.
(g) Where the delivery of the Goods is made in instalments, each instalment shall be construed as constituting a separate agreement to which all the provisions of the Conditions shall (with any necessary alterations) apply.
The Company cannot accept the return of goods which have been supplied in accordance with an order except in exceptional circumstances and then only with prior written agreement, returns will be a credit subject to original basic product purchase price only excluding other cost such as, but not limited to Carriage, any services. Any return acceptance will deduct hire charges from the delivery date until the point of agreement. The Company accepts no liability whatsoever for Goods returned to it in any other circumstances and then only with prior written agreement. The Company accepts no liability whatsoever for Goods returned to it in any other circumstances and such Goods will be re-dispatched at the Purchaser’s risk and expense and the Purchaser shall indemnify the Company in respect of any storage, carriage or other charges paid or incurred by the Company in connection with the wrongful return of such goods.
- Warranty. Warranty is in accordance with the warranty policy. Where applicable the warranty is specific to each individual product and will be documented in the owner’s manual, or supplied on request. In General a parts on return warranty is supplied. Labour, transport and other expenses are not covered.
Orders will be subject to a charge of carriage.
- Changes required by the Purchaser causing loss or expense to the Company All or any loss or expense occasioned to the company by changes required by the Purchaser in materials, design, quantities or delivery from those on which the acceptance of the order was based shall be made good to be company by the Purchaser.
The Company shall be entitled to full indemnity if the Purchaser cancels an order which the Company has accepted. Orders accepted by the Company may not be cancelled by the Purchaser without the Company’s prior written consent, and in the event of such consent being given, the Company reserves the right to charge a cancellation thereof. After dispatch, goods may not be returned to the Company without prior consent, and in the event of the Company giving such consent (subject to the goods not having deteriorated, depreciated or been damaged), the Company reserves the right as a condition of such consent to charge a restocking fee equivalent to 20% of the purchase price of the goods.
- Indemnity against infringement of industrial property rights
The Purchaser will fully indemnify and hold the Company harmless against any claim or liability in respect of any infringement or alleged infringements of any Patent, Trade Mark, Registered Design or any other like claim resulting from compliance with the buyer’s instructions, express or implied.
- Force Majeure
Notwithstanding any other provisions hereof should the manufacture, processing supply or dispatch of the whole or any part of the goods contracted for be prevented or hindered by any cause or causes whatsoever beyond the Company’s control, the Company shall be entitled either to cancel the contract or postpone or suspend any delivery or deliveries under the contract until in the Company’s judgment such cause has ceased to operate. The Company shall not be under any liability whatsoever in respect of any such cancellation, postponement or suspension. Without limiting the generality of the cause or causes referred to above, the same shall include war, fire, accident, breakdown of plant or machinery, strikes and lock-outs (whether affecting the Company’s works or those of supply contractors or carriers) non-delivery or delay of any materials and any other circumstances which directly or indirectly interrupt, prevent or hinder the due performance of the contract.
- Law and Jurisdiction
The law of Northern Ireland shall apply and the courts shall have sole jurisdiction in respect of any claim or dispute in any way arising from the sale of goods or the supply of services under these terms by the Company to any customer in any part of the world.
Quad-X Ltd, 37 Carnearney Road, Ahoghill, Co. Antrim BT42 2PJ
TEL: 02825 872800
Quad-X Ltd WARRANTY POLICY
This is the general warranty policy, however specific products may have additional terms.
Provided machine has been serviced by an authorised dealer in accordance with the service intervals as laid out in the Owner’s Manual, The Company will repair or replace free of charge any pieces we recognise to be faulty within 12 months following the original purchase. If the part is found by the Company to be defective, such parts will at the company’s opinion be replaced or repaired at cost to the Company.
All parts alleged by the purchaser to be defective must be returned to the company, freight and duties prepaid within the warranty period
The warranty does not cover labour or other costs or expenses, incidental to the repair and/or replacement of products or parts. The Company makes no other warranty of any kind, whether expressed or implied and do not take any responsibility upon eventual damages involved in the use of our products, even if defective.
The Company does not warrant in any way, any product which has been used for commercial use or is subject to misuse or abuse, mishandling, misapplication, non-original parts have been fitted, neglect (including but not limited to improper maintenance), accident, modification (including but not limited to unauthorised parts or attachments), or adjustment or repair performed by anyone other than the Company or an Authorised dealer.
The parties hereto expressly agree that the purchaser’s sole and exclusive remedy against the Company shall be for the repair or replacement of the defective product as provided in this limited warranty. This exclusively remedy shall not be deemed to have failed of its essential purpose so long as the Company is willing and able to repair or replace defective goods.
This limited warranty is in lieu of all other warranties, express or implied, including those of merchantability or fitness for a particular purpose not expressly set forth herein.
The Company’s liability (whether under the theories of breach of contract or warranty, negligence or strict liability) for its products shall be limited to repairing or replacing parts found by the company to be defective.
In no event shall the company be liable for incidental or consequential damages arising out of or in connection with the product. Consequential damages shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury (including death) to any person, or loss of or damage to property.
Any claim by purchaser regarding this product shall be deemed waived unless submitted to the Company within the limited warranty period in writing within the earlier of (i) fourteen (14) days following the date Purchaser discovered, or by reasonable inspection should have discovered, any claimed breach of this limited warranty, or (ii) thirty (30) days following the date of original purchase.
The Company will not replace or repair parts that are
- Considered to be normal consumable or service parts, and require repair or replacement due to general wear and tear. Clutches, belts, bearings are not covered.
- Not Mechanical or Electrical parts.
New parts will not be issued until defective parts have been returned as they require inspection to determine the cause of the failure.
The Company reserves the right to decline warranty claims at their own discretion.
All returns must be accompanied with the warranty claim form within 14 days of notification of a problem.
The Company is continually improving its products and therefore reserves the right to make improvements or changes when it becomes practical and possible to do so without incurring any obligations to make changes or additions to equipment sold previously.
Warranty covers only those parts manufactured by the company and warranty to non-company manufactured parts will be subject to their manufacturer e.g. engine, gearbox, motors, pumps etc.
Where an Engine is fitted the warranty is subject to the engine manufacturer as they have a service network through-out Europe and can better deal with any engine problems, however please contact us for your nearest service centre.
- The definitive responsibility for breakdowns and their relative causes, as respects the warranty, will be determined by the manufacturer.
- Defective parts will be replaced or repaired free of charge as long as they have not been tampered with by unauthorized persons or organizations.
- Labour and transportation expenses are excluded from the warranty.
- Faulty Parts must be returned to Warranty Department for inspection before replacement parts can be issued under warranty.
- The warranty does not cover cases in which:
- Parts that are not original have been used
- The equipment is used in conditions which differ from those for which it was intended to be used when sold
- The usage and maintenance directions have not been complied with.
- The eventual replacement of parts not covered under the warranty will be effected solely in relation to the responsibility assumed by the manufacturer of said parts.
- Warranty covers only those parts manufactured by the company and warranty to non company manufactured parts will be subject to their manufacturer e.g.Engine gearbox, motors, pumps etc.
LOSS OR DAMAGE
- The company accepts no liability for any direct or indirect consequences of any defects for stoppages or loss of use or accidents or loss or damage of any description.
- The company is continually improving its products and therefore reserves the right to make improvements or changes when it becomes practical and possible to do so without incurring any obligations to make changes or additions to equipment sold previously.
MODIFIED OR ALTERED EQUIPMENT
- No warranty shall apply on any equipment or parts that have been modified or altered in any way without prior written approval and knowledge of the company. Warranty will be void if carried out by any unauthorised persons or the use of parts not purchased from or approved by the Company, unless otherwise agreed.
NORMAL WEAR OR MAINTENANCE PARTS
- The company shall not be responsible or normal expendable replacement parts or for parts which are worn out unless they are determined to be defective in material or workmanship.
- No warranty shall apply to damage resulting from accident, misoperation abuse or damage caused by the environment (such as over exposure to corrosive materials), or equipment not maintained per the operators manual.