Terms and Conditions of Sale/Service (V11)
GUARANTEE
We guarantee our products as free from defects due to faulty material or bad workmanship for a period of:
14 calendar months for complete instruments and 90 days for spare parts, wear items and repairs.
This period is amended to 24 months from commissioning where a continuous service order/plan is in place and servicing is undertaken directly with IGD, service parts excluded.
The period of the guarantee commences from the date of delivery to the Purchaser, either by us or by our distributor. Our liability is limited to the replacement of parts found defective and making good defects found within the prescribed period arising solely from faulty material or bad workmanship, in the products of our own manufacture, properly used solely for the purposes for which they were intended, and not due to wear and tear, misuse, neglect or improper adjustment or adverse environment. Warranty is offered return to base by purchaser.
Any product alleged to be defective shall be forwarded to us in accordance with the return of goods procedure, carriage paid, immediately the alleged defect is discovered; for identification, examination and report or, if not capable of being so forwarded, notice in writing shall be sent to us immediately.
Where a purchaser undertakes their own service, calibration or intervention on a product or system it is their responsibility to ensure: Persons undertaking work have been suitably trained to undertake the work they intend to carry out. The subsequent operation of the product or system following such works is the responsibility of the purchaser.
The Purchaser will be charged for engineer’s time and travelling expenses if a warranty repair is carried out on site. If we accept liability the repaired or new product in replacement, will be delivered free from our works. We give no guarantee in respect of any proprietary electrical or other equipment made by other manufacturers, and supplied with our products, but will, so far as possible, transfer the benefit of such guarantee, if any, given by such other manufacturers. We are, in no circumstances, liable for any consequential or other loss damage arising through any defect in our product. In lieu of any express or implied statutory or other warranties, guarantees, conditions or liabilities (whether as to fitness, quality, standard of workmanship or otherwise) which are hereby excluded, the following provisions shall apply:
(a) The Purchaser shall not be entitled to rescind the contract or to claim damages on the grounds of any statement whatsoever as to the suitability of the goods for any particular purpose, and the Purchaser assumes responsibility for the capacity and performance of the goods being sufficient and suitable for his purpose, and for his premises being suited to the installation and operation of the plant and machinery. The Purchaser agrees and confirms that, apart from the express terms of the contract, no statement or representation has been made by the Company relating to the goods to be supplied under the contract or, if any has been made, he has not relied on it.
(b) The Company’s liability in respect of any defect whether quality, suitability or performance or otherwise in any goods supplied or for any loss, injury or consequential damage attributable thereto is limited to the terms of this guarantee and the Purchaser hereby acknowledges:
(i) that it purchased the goods in a competitive market and that the bargaining strength of the Company was in no way a relevant factor in the purchase of the goods from the Company.
(ii) that the Purchaser knows the extent of the meaning of this Condition and the limitations thereby imposed by it under Sections 13, 14 and 15 of the Sale of Goods Act 1979.
Our guarantee does not apply should equipment be operated or stored under adverse conditions e.g. outside installations or in areas used for steam cleaning or pressure washing etc., unless otherwise specified in the relevant equipment manual.
The above guarantee is given in lieu of all other terms, conditions, warranties, guarantees, undertakings and representations, express or implied, statutory or otherwise, which, except to the extent that this provision is held to be void or unenforceable under, or by virtue of, any provision contained in the Sale of Goods Act 1979 or under the Unfair Contract Terms Act 1977 or any statutory modification or re-enactment thereof for the time being in force, are hereby expressly excluded.
We shall not be liable to the purchaser under any express or implied term of the contract for any indirect, special or consequential loss or damage (whether for loss of profits or otherwise) costs, expenses or other claims for compensation which arise out of the supply of goods or their use or re-sale by the purchaser and our entire liability under or in Connection with the contract shall not exceed the price of the goods.
RETURN OF GOODS
In the event it is necessary for any reason for goods to be returned the purchaser shall first contact Oliver IGD Ltd to explain the reason for return and to obtain a Return Goods Number (RGN). Returns will be accepted subject to condition up to 60 days from despatch date from IGD. Once agreed and using the reference provided the goods can then be returned to us, carriage paid, clearly marked with the RGN number. Our obligation to repair or replace the product can only subsist where an RGN number has been issued. If goods are returned without an RGN number then the product will be returned to the purchaser in their delivered state.
INTELLECTUAL PROPERTY
The specifications and designs of the goods, products and software (including the copyright, design right and other intellectual property in them) as between the parties shall remain with ourselves.
DESIGN
We reserve the right to alter the design or construction of equipment at any time without notice.
LAW OF CONTRACT
All contracts for the sale of the Company’s products shall be deemed to be made and executed in England, and the same shall be construed, performed and enforced in accordance with English Law and the parties submit to the jurisdiction of the English Courts. The application of the Uniform Laws of International Sales shall be excluded. This condition shall not prevent the Company instituting proceedings in the Courts of any other country to enforce such contract against the customer.
DELIVERY
Delivery dates, given in good faith, are approximate and reflect conditions prevailing at that time. We shall not be liable to the purchaser or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of our obligations in relation to the goods, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control namely difficulties in obtaining materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
CANCELLATION AND VARIATION
Orders, once accepted by us, are binding and cannot be cancelled or varied unless we, at our discretion, accept the cancellation or variation. We will make every effort to meet our Purchasers in this respect but
(a) we cannot accept cancellation for non-standard products; and
(b) we cannot accept cancellation changes in delivery dates or other variations notified to us later than the end of the penultimate month prior to the month fixed for delivery; and in such circumstances and any other cancellations or variations to which we have not agreed, we shall enforce our contractual rights and/or impose an appropriate charge.
TERMS
Quotations given are open for acceptance within the validity period stated on the quotation and are subject to revision should the state of the raw material market or other circumstances render this action necessary.
Orders, whether received as a result of a quotation or not, can only be accepted for execution at prices ruling at date of despatch.
Payment - except where otherwise stated in our invoice, or agreed in writing, our terms are nett cash and payment is due on presentation of invoice. Where we have agreed to open an account with the Purchaser, invoices are due for payment by the 25th of the month following month of invoice and interest will be charged on overdue accounts at the prevailing County Court rate.
VALUE ADDED TAX
VAT is not included in our prices and will be shown separately on all invoices at the rate ruling at date of despatch and subject to current legislation.
CARRIAGE
Carriage is charged on all deliveries except for the return of accepted warranty repairs its cost is added to the invoice value at current rates.
PACKING AND UNLOADING
Damages or shortages must be signed for as such and claim made in writing to Oliver IGD Ltd within 3 days of receipt. Where Company vehicles are used the driver must be notified at the time of unloading and the consignment note marked to indicate the damage or shortage. Goods notified as damaged on arrival must be left in the condition in which they were delivered for inspection by Oliver IGD limited and/or the carrier. Where this is not undertaken any claim is void and goods must be paid for as normal. The practice of signing for the goods “not examined” does not absolve the Purchaser from this condition.
The consignee is responsible for unloading.
Packing cases and slings, when used, are charged extra, but credited in full on return, carriage paid and in good condition.
LOSS IN TRANSIT
British Rail, Public Transport Companies and the Post Office only accept claims for loss in transit made within a limited period. If goods are not received within 14 days of the date of our invoice, we must be advised immediately in writing otherwise neither the carriers nor ourselves will be liable for any loss involved
PASSING OF RISK
The risk in the goods shall remain in us until delivery to the Purchaser or his agent. In the absence of written notice from the Purchaser to us and the carriers, as prescribed above, the goods shall be deemed to have been delivered complete and in satisfactory condition.
PASSING OF PROPERTY
Until such time as all sums due to the Company from the Purchaser, whether in respect of goods delivered by the Company to the Purchaser or otherwise have been paid by the provisions of this Condition shall have effect:
(a) All goods delivered by the Company to the Purchaser will remain the property of the Company to the intent that the whole legal and beneficial interest therein shall remain that of the Company.
(b) If the Purchaser becomes, or threatens to become, insolvent or being a body corporate has a Receiver appointed or passes a resolution for winding up or if a Court makes an Order to that effect or being an individual or partnership makes any composition or arrangements with his or their creditors or has a receiving order made against him or them or if the Purchaser shall be in breach of these Conditions, then the Company shall be at liberty to forthwith remove and repossess all goods which remain the property of the Company in accordance with this Condition and enter upon any property to do so or to inspect goods to identify the Company’s goods.
(c) The Purchaser shall only be at liberty to resell the goods purchased from the Company prior to the passing of title on the understanding that if it does not resell the goods then it will hold on trust for the Company so much of the proceeds of sale received by it under contracts which include any of the goods hereby sold either in their original or altered state as are necessary to discharge payment in full to the Company.
(d) No provision of this Condition shall be deemed to cause a Mortgage or Charge of the Property or undertaking of the Purchaser or any part thereof to have been created by the Purchaser in favour of the Company.
SEPARABILITY
Any failure by us in respect of one delivery shall not entitle the Purchaser to treat the contract as repudiated, each delivery being, for such purpose, deemed a separate contract.
INSTALLATION
The Purchaser is responsible for the preparation of the site, where such a site is necessary, together with the provision of any supplies and services that may be required. The specifications and the responsibilities of agents, distributors and end-users are clearly set forth in separate leaflets, available on the various products and services concerned.
The purchaser is responsible for providing safe access to the site and to the equipment to be installed/commissioned. Oliver IGD Limited will make a site risk assessment on arrival if the site or equipment location is deemed to pose a risk to himself or his equipment and this cannot be rectified in the time allowed for the job then he is at liberty to withdraw from site and the visit will be charged to the purchaser.
If failure to fulfil this responsibility extends the time taken to commission equipment or results in extra visits by engineers, the Purchaser is fully liable for the extra cost. If installation of equipment is unduly delayed, the Company reserves the right to pass on cost inflation as a supplementary charge.
Where the customer performs their own installation, commissioning or service to the product all liabilities for the product regarding safe installation and correct operation pass to the customer. Equipment must be installed to nationally recognised standards for safe and correct operation.
SERVICE WORK
The purchaser is responsible for providing safe access to the site and to the equipment to be serviced. Oliver IGD Limited will make a site risk assessment on arrival if the site or equipment location is deemed to pose a risk to himself or his equipment and this cannot be rectified in the time allowed for the job then he is at liberty to withdraw from site and the visit will be charged to the purchaser.
Only work covered by the purchasers purchase order can be undertaken.
If the scope of the work changes in any way from the purchaser’s original purchase order it is the purchaser’s responsibility to provide either an amendment to the original order or a new purchase order before the work is carried out. Where this new/amended order cannot be provided in time a new visit date must be agreed and either the original order is paid provided it has been completed or a standard call out charge is paid, and a new date arranged to carry out the amended/new order.
In the event that either site access is not made available by the purchaser or the purchaser wishes to change the visit date or time either after the engineer has left for site, without 24 hours’ notice or the site is deemed unsafe during a risk assessment then the purchaser shall be liable for a standard call out charge. Spares replaced during service work will be left with the site for disposal unless disposal of such items is requested as part of the contract.
Where goods are returned to IGD for service this will follow the normal returned goods process and the client will be advised by quotation regarding costs. Goods returned for service will be retained for up to 6 months at which point if no response has been received to our quotation and follow up, they will be scrapped.
REFUSAL
Goods consigned to the order of end-users and/or distributors render them liable for all carriage and handling charges incurred, if delivery of the goods is refused on arrival at destination.
RETURNED EQUIPMENT
In exceptional conditions, subject to agreement in writing, and the equipment being of current standard design, new equipment in good condition will be accepted, carriage paid to factory, subject to a handling charge, Any costs incurred in making the equipment as new will be charged in addition to the handling charge.
RIGHT TO TERMINATE
If the Purchaser breaks any of these conditions or becomes insolvent or subject to any law relating to bankrupts or being a corporation goes into liquidation, whether voluntary or compulsory or has a Receiver appointed over its assets, we may suspend deliveries or, by notice to the Purchaser, terminate the contract and such termination shall be without prejudice to any other rights or remedies to which we may be entitled.
All quotations and tenders are given, and contracts are made by the Company, subject to the above terms and conditions and, unless previously agreed in writing by an authorised officer of the Company;
(i) no verbal, written or other addition hereto or variation hereof including (without prejudice to the generality of the foregoing) any representation or warranty relating to the goods or services to be provided by the Company shall be effective; and
(ii) these terms and conditions supersede any other terms and conditions appearing elsewhere and shall prevail over and exclude any course of dealing established between the Company and the Purchaser and any other terms and conditions stipulated or incorporated or referred to by the Purchaser or his agent or any third party; and
it shall be a pre-condition of the Company giving any quotation or tender or entering into any agreement for the supply of any goods or services that such agreement be made subject to these terms and conditions.
FORCE MAJEURE
Neither party shall be liable for any default due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party. If either party is affected by force majeure it shall promptly notify the other party of the nature and extent of the circumstances in question.
Notwithstanding any other provision of the Contract, neither party shall be deemed to be in breach thereof or otherwise be liable to the other for any delay in performance or the non-performance of any of its obligations, to the extent that the delay or non-performance is due to any force majeure of which it has notified the other party, and the time for delivery of that obligation shall be extended accordingly.
DATA PROTECTION AND MARKETING PERMISSIONS
Your contact details will be added to the IGD monthly email. The monthly email will be about gas detection products and services and be about educational documents regarding gas safety. You can opt out of this at any time via the opt out option on the footer of the email or by directly emailing to sales@internationalgasdetectors.com. Your contact details will be removed from the IGD email list and will not be added again until you specifically opt in. Furthermore, you can opt out of the email at any time via the unsubscribe link in the footer of the email at any time, this is in accordance to GDPR 2018. Please see more information regarding B2B marketing permissions via the ICO’s guidance relating to PECR. Specifically, clause 134-145.