CLESSE guarantees its LPG products, for 2 years from the date of manufacture, to be free from defects in materials and workmanship under normal use and service.
Products are manufactured under the trade names of Clesse and Novacomet, both of whose quality assurance systems have been assessed and certified to ISO 9001. Please order by product reference number. Orders of £400 and above are carriage paid.
1st January 2016
TERMS AND CONDITIONS
All previous terms and conditions of sale are hereby cancelled and only the following shall have effect from 1st January 2016 until further notice or replacement:
a) All quotations and contracts are subject to the following terms and conditions in which the words ‘the Supplier’ shall mean Clesse UK Limited and ‘the Purchaser’ shall mean the Company of Person named in any quotation offer and contract with the supplier.
b) Offers by the Supplier are made without obligation and shall not give rise to any contract except in accordance with Part (c) of this clause.
c) A contract for supply is created on submission of the written confirmation of order by the Supplier to the Purchaser.
a) Time shall not be of the essence in relation to delivery. No delivery will be made until any required advance payment or letter of credit has been made or present or until receipt of any import license, where necessary, have been notified to the Supplier.
b) Date of delivery is the day on which the goods are ready for dispatch in the works or stores of the Supplier.
c) Difficulties of delivery on the part of the Supplier or his supplier either unforeseen or through no fault on the part of the Supplier shall enable the Supplier to withdraw from the contract without liability.
d) Illustrations, reference numbers, statements of weights or measures are not binding on the Supplier. The goods will be supplied substantially to the design described in the quotation. However, the Supplier reserves the right to make reasonable changes at his discretion during the execution of the Purchaser’s order but such changes shall not lower the design performance of the goods. Every effort is made by the Supplier to ensure the accuracy of any technical data or literature made available in relation to the goods. However, the Supplier accepts no liability for any damage or injury arising from any errors or omissions in such technical data.
e) The Supplier shall have no liability in respect of failure to perform or delay in delivering or performing any obligations under this contract due to any cause of whatever nature outside the reasonable control of the Supplier.
f) Any claims arising out of the delivery of goods for any reason including shortages shall be delivered to the Supplier in writing within three days of the said delivery and failure to supply such written notification within the period specified shall release the Supplier from all and any obligations thereunder.
g) Carriage paid in UK on minimum value orders £400 (excluding VAT)
3. PRICES AND TERMS OF PAYMENT
a) Prices do not include VAT but any invoice for the goods shall have added to it the amount of VAT at the rate prevailing at the date of dispatch.
b) The Purchaser shall pay on request any increase in packing and transportation costs incurring between the date of quotation and the date of delivery.
c) The delivery period quoted will commence from submission of the written confirmation of the order by the Supplier. While the Supplier will take all reasonable steps to deliver the goods within the delivery period the Supplier accepts no responsibility for any failure to do so.
d) All accounts are payable by the end of the month following the month in which delivery of the goods take place unless specially extended terms have been agreed in writing. Payments shall not be withheld in respect of any claims made by the Purchaser and not acknowledged by the Supplier.
e) The Supplier reserves the right to suspend deliveries where payment is not received in accordance with any arrangements which shall be agreed in writing between the parties.
f) Agents and travellers have no authority to collect debts, unless explicitly authorised to do so by the Supplier, in writing.
g) Prices subject to alteration without prior notice.
4. PROTECTION OF OWNERSHIP
Should goods be delivered before payment by the Purchaser of all amounts owing in accordance with the contract, the goods shall remain the property of the Supplier until payment has been made. Title to the goods supplied will not be transferred to the customer until payment is made in full. The Purchaser will co-operate in all measures taken by the Supplier in order to protect his ownership of the goods. Should the purchaser not comply with the terms of payment such as in the case of protest of a Bill of Exchange he shall lose the right of disposal of the delivered goods. All costs thereby involved will be debited to the Purchaser.
Model and Sketches are issued only on loan. The Purchaser is fully responsible to ensure that articles manufactured to his specification or sample do not involve infringement of trademark or other rights of a third party. The Supplier reserves the right to deliver and be paid for 10% or more or less of the number of prices of any article specially manufactured for the Purchaser.
a) The Supplier guarantees, at his discretion either to refund the cost of or to repair or replace free of charge any of the goods found to his satisfaction to be defective owing to faulty design, materials or workmanship within twenty four months of the date of manufacture.
b) Goods returned under the guarantee shall be delivered to the Suppliers works at the Purchaser’s expense. Goods returned under the guarantee and found not to be defective will be returned to the Purchaser at the Purchaser’s expense and subject to a charge of 10% of invoice value for testing by the Supplier.
c) The Supplier’s obligation herein to refund, repair or replace the goods is the sole liability of the Supplier. Any other warranties, conditions and statements expressed or implied, statutory or otherwise are excluded. Subject to aforesaid, the Supplier shall be under no liability in contract or in tort for any loss, damage, death or injury arising directly or indirectly out of the supply or use of the goods.
d) Replacements or repairs made under this guarantee shall not extend the original period of this guarantee.
e) The Supplier shall not be under any obligation to accept the return of any goods except under the terms of this clause except that the Supplier may at its absolute discretion agree to the return of the goods to the Supplier’s works at the Purchaser’s expense and subject to a handling charge on the part of the Supplier to be paid by the Purchaser at the rate of 20% of the invoice total for those said goods.
6. PRICE VARIATION
The contract price of the goods is based upon (i) the rate of taxes, duties, imports and foreign exchange (ii) the cost of raw materials, labour and transport (iii) current import and exchange control regulations ruling at the date of the Supplier’s quotation. If by reason of change in such items or any other cause outside the control of the Supplier is increased, the Supplier reserves the right to increase the contract price of the goods (and invoice the Purchaser accordingly) by reference to the rates, costs or regulations ruling at the date the goods are delivered or by references to such other causes as may apply.
Payment of any-goods which the Purchaser asks the Supplier to hold for a period longer than seven days after the date upon which delivery is due shall be made as if delivery had taken place on such due delivery date and the Supplier reserves the right to charge the Purchaser for storage of the goods from such date until date of actual delivery.
8. PATENT RIGHTS
a) The sale of any goods and the publication of any information or technical data relating thereto does not imply freedom from the patent or other protective rights in respect of their application and the Supplier accepts no liability for infringement of such rights.
b) The Purchaser shall indemnify the Supplier against all royalties or other payments in respect of any patent, registered designs or other rights which may be claimed as a result of goods being made according to design or specification supplied by the Purchaser. The Purchaser shall further indemnify the Supplier against all claims, expense and costs in connection with any infringement of any patent or registered design or other right in the manufacture of such goods.
9. LEGAL EFFECT
a) These conditions shall prevail over any conditions of the Purchaser.
b) The invalidity of any individual condition of this contract shall not affect the validity of the remaining conditions.
c) The rights of the Purchaser under this contract shall not be transferred, assigned or otherwise dealt with.
d) Any contract subsisting between the Company and customer shall be constructed in all respects in accordance with the Laws of England and unless otherwise agreed is subject to the jurisdiction of the English Courts.
N.B. All products are priced per item, unless otherwise stated, and are exclusive of VAT.
Registered Office: Drakes Broughton Business Park, Worcester Road, Drakes Broughton, Pershore, Worcestershire, WR10 2AG Company Registration No. 4535858