Access platform parts, repairs and service


1. Definitions The definition of "the company" means Access Parts Ltd. and the definition of "the customer" means the company or the person to whom this agreement is addressed to. 2. Conditions The following conditions shall form the basis of a contact between the company and the customer. Not withstanding anything to the contrary in the customers's standard conditions of purchase. These conditions shall apply unless a change is agreed in writing by the head office of the company. No employee or agent of the company has the power to change these conditions orally, or to make representations or promises about the condition of the goods, their fitness or any purpose or any other matter whatsoever. 3. Order Acceptance Unless otherwise expressly stated in writing, all quotations and estimates by the company are invitations to treat. The customer oredr is an offer and will become binding upon the company posting, faxing or emailing its confirmation of the order. Any confirmed order may be cancelled or changed with the company's consent; however the giving of the company's consent shall not in any wayprejudice the company's right to recover from the customer the full compensation for any loss or expense arising from such a cancellation or change. 4. Conditions The customer shall carry out a thourough inspection within 14 days after their delivery and shall give written notification to the head office of the company forthwith of any defects, which a reasonable examination would have revealed. Subject to compliance with the above obligations, which shall be a condition precedent to the company's liability, the company will repair or replace (at the company's descretion) any components which fail due to faulty materials or workmanship. The liability to the company under this guarantee shall be limited to the invoice value of the components replaced or repaired and the company shall not be liable for any consequential loss or damage howsoever caused. It shall be the duty of the customer to insure against such consequential loss and to hold the company harmless therefore. 5. Delivery (a) Unless otherwise stated all quotations and estimates assume delivery in full loads. The company reserves the right to charge extra for delivery in part loads where requested by the customer; (b) the company will deliver as near as possible to the site as safe hard road permits. The customer shall provide at his own expense the labour for unloading and stacking; such labour to be available during normal working hours an the day notified by the company for delivery. The customer shall unload with reasonable dispatch. Damage due to inadequate site access or careless unloading shall be at the customers risk; (c) the customer shall note any claim for short delivery and/or for damage to components on the delivery schedule at the time of delivery. Compliance with this requirement shall be condition precedent to any claim for short delivery and/or damaged components. If short delivery does take place, the customer undertakes not to reject the goods but to accept the goods delivered as a part performance of the contract; (d) the company undertakes to use its best endeavors to dispatch the goods on a promised delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract unless so stipulated in writing. If delivery is delayed by strikes, lockouts, fire, accidents, defective materials, delays in receipt of raw materials or bought-in goods or components, or any other cause beyond the reasonable control of the company a reasonable extension of time of delivery shall be granted and the customer shall pay such reasonable extra charges as shall have been occasioned by the delay; (e) where the goods are not delivered by the company, but by an independent carrier shall be delivery to the customer; (f) if the customer fails to take delivery on the agreed delivery date or, if no specific delivery date has been agreed, when the goods are ready for dispatch, the company shall be entitled to store and insure the goods and to charge the customer the reasonable costs of so doing and to render its account for the price under condition 8. 6. Government taxes & levies Any variation to prices quoted as a result of government taxes and levies will be from the customers account. 7. Design It is the buyer's responsibility to ensure that all necessary approvals have been granted before manufacture commences. The company will assist in supplying drawings and calculations when requested to do so. No design work or calculations will be issued prior to the placing of a firm order or contract. An additional charge will be made for any design or drawings required over and above those normally supplied by the company. It is the buyer's responsibility to satisfy himself that the drawings, calculations and specifications are correct, as no responsibility for errors or ommisions will be accepted by the company once the buyer has approved details submitted. The company's responsibility in an event is solely confined to its own manufactured components and does not extend to other products or components or overall structure or architectural considerations. 8. Terms of sale The customer shall pay strictly nett 30 days from the date of dispatch and shall pay interest on overdue accounts at 4 percent above Bank of England base rate accruing daily. If the customer shall fail to pay promptly, he shall lose the benefit of any previously agreed discount. The ownership of materials delivered by the company shall only be transferred to the customer when the customer has met all that is owing to the company on whatever grounds. The risk of accident deterioration or destruction shall pass on delivery and the customer shall insure against such risk. The customer shall pay all accounts in full and not exercise any rights of set off or counter claim against invoices submitted. 9. References All orders are accepted subject to trade references being satisfactory. 10. English Law English law shall be proper law of the contract.