Terms and Conditions

 

1. DEFINITIONS

In these conditions “the company” means Instruments & Gauges Electronics Limited, its subsidiary companies, and those for whom it acts as distributer. “The Customer” means the person, firm or company from whom an order has been received, to whom a quotation or estimate has been given or with whom the company has a contract.

2. ALL GOODS are SOLD on a firm sale basis. No returns will be accepted unless they are in perfect condition and within 28 days of order, authorised beforehand and in writing by the company. Unless invoices specify “Sale or Return” the authorising of returns is at the absolute discretion of the company. Returns Note valid for 30 days from date of issue. All returns shall be made at the expense and risk of the customer. Unauthorised returns will not be credited to the customer and may be sent back to the customer in each case at the customer’s expense. All authorised returns will be subject to a 30% restocking fee based on the purchase price of the equipment.

3. ALL GOODS are supplied on the basis that the recommended or net retail price is subject to change whether before or after invoice without prior notification.

4. VALUE ADDED TAX

All quotes are exclusive of UK value added tax unless otherwise stated, currently at 20%, which will be added to the amount. This applies to UK customers only.

5. CARRIAGE COSTS

a. Deliveries outside the United Kingdom and/or Republic of Ireland shall, unless otherwise agreed by the company in writing, be subject to the payment of charges according to the method of delivery requested by the customer; if no method is specified then the company will decide and all charges incurred will be payable by the customer. All goods supplied to the customers in territories outside the UK and Ireland will be shipped on an ‘ex-works’ basis. The customer shall be responsible for all duties, levies, imports, taxes or other liabilities arising on the expectation of goods from the UK and importation thereof overseas.

b. Deliveries to the United Kingdom and Republic of Ireland: All Items are shipped by next day delivery service.

c. The company reserves the right to defer the date of delivery if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, fire, explosion, flood, epidemic, strikes or other labour disputes.

6. PAYMENT TERMS are 30 days from date of invoice. All payments are to be made in GBP / Sterling / £.

7. SITE WORK

All site work that is carried out must be agreed in writing before any work commences, the company must receive a purchase order containing the descriptions of all pieces of equipment that need to be worked on. The company employees will not work on any additional equipment, unless the company receives a written request stating additional work. The company must reply in writing agreeing additional work. The company then have the option of adding additional fees to cover the costs of the additional work.

8. OWNERSHIP

a. Property in and beneficial ownership of the goods shall remain in the company (notwithstanding delivery of such goods to the buyer) until the buyer has paid the full price of such goods and all other sums which are due to the company from the buyer on any account. Until such time the buyer shall hold the goods on a fiduciary basis as the company’s bailee. The buyer’s right to possession of the goods shall terminate immediately if any proceedings are commenced or threatened relating to the insolvency of the buyer in which event the buyer grants the company an irrevocable licence to enter any premises of the buyer to recover any unpaid goods.

b. Until such time as the buyer becomes the owner of the goods, the buyer shall mark and keep the goods so as to identify them clearly as the property of the company.

c. The risk in the goods shall pass to the buyer as soon as they are delivered by the company to the buyer’s premises or otherwise to his order.

9. LIABILITY

a. Save in respect of liability in respect of death or personal injury arising from negligence the company will accept no responsibility for any damage caused by the supply of the products or for the contents howsoever arising.

b. All warranties, conditions and other terms implied by the statute or common law are to the fullest extent permitted by law excluded.

10. This agreement shall be governed by and constructed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts. 

11. HIRE

a. Hire rates will be as specified in our price list, or as agreed, subject to a minimum period of time, of one week or as agreed. Delivery and collection of the equipment is charged at extra cost. All prices are excluding VAT, which will be added at the current rate upon invoicing.

b. The period of hire commences on the day the equipment is delivered to the Customer, or collected from our office by the Customer, and continues until the equipment is collected by the Company or returned by the Customer to the Company Office.

c. The hire period is one week of seven consecutive days inclusive and includes weekends and bank holidays. The Customer may retain the equipment for longer than seven days without notice to the Company. The extended hire of 1-2 days will be charged on a pro-rata basis with 3 days plus being treated as a full week for invoicing.

d. Orders for hired equipment may be cancelled in writing prior to despatch without any cost being incurred by the Customer. However once the hired equipment has been despatched, and prior to delivery, any subsequent cancellation of the order will be subject to a fee of 50% of the hire rate, plus carriage costs. After delivery the order cannot be cancelled and our minimum hire charge of one week will apply.

e. The manufacturer’s instructions and other regulations of the hired equipment will be observed at all times by the Customer. The Customer shall be entirely responsible for the proper use of the equipment and also shall be responsible for any damage caused to the equipment through failure to observe such instructions or regulations.

f. It will be the customer’s responsibility when hiring equipment;

  1. Not to subject the equipment to any unfair wear and tear or misuse, and to use the equipment in a proper manner.
  2. To preserve Instruments & Gauges Electronics Ltd’s or the manufacturer’s identification number or mark on any nameplate that may be on the equipment.
  3. To keep the equipment safe from damage and in good condition whilst it is in the Customers use and possession.
  4. To indemnify Instruments & Gauges Electronics Ltd in respect of loss, theft or damage to the equipment howsoever caused, except for the fair wear and tear, and normal use. In the event of loss, theft or damage, the Customer shall notify Instruments & Gauges Electronics Ltd immediately. Instruments & Gauges Electronics Ltd will quote a sum covering the cost of repair including any re-calibration costs. If the equipment or items are lost, stolen or beyond economical repair then a replacement cost including a calibration certificate if applicable will be quoted. Any quoted costs will also include an administration fee. Any loss on income as a result of any such repair or replacement will be paid by the Customer and the normal hire rate shall continue until the full amount is paid to Instruments & Gauges Electronics Ltd.
  5. To ensure that valid insurance is in place whilst the equipment is in the Customers possession or is being carried by the Customers use of third party courier, to cover any loss or damage.
  6. In the event of the equipment being found defective on receipt or during use. Instruments & Gauges Electronics Ltd must be notified immediately. Replacement or repair will be effected will minimum possible delay.
  7. To not hold Instruments & Gauges Electronics Ltd responsible for any loss, damage or injury (including death) to persons or property were the equipment is not used in accordance with our terms and conditions section 11 paragraph e.
  8. To not hold Instruments & Gauges Electronics Ltd responsible for direct, indirect or any consequential loss under these terms and conditions.

12. REPAIR & CALIBRATION

a. Calibration prices for the customer’s equipment will be as specified in our price list or as quoted. Repair costs for the customer’s equipment will be specified in our written quotation. Collection and return delivery of the equipment is charged at extra cost. All prices are excluding VAT, which will be added at the current rate upon invoicing.

b. If the equipment cannot be calibrated due to fault and any such repair is not accepted by the Customer, then the Company reserve the right to charge an inspection fee. Equipment being returned to the manufacturer for repair and/or calibration will be subject to a handling fee. Also a manufacturers inspection fee may apply, of which the company will notify the Customer of the costs in advance. A quotation will be obtained by the Company from the manufacturer and any instruction to proceed will be made upon receipt of a written order from the Customer.