Términos Y Condiciones
Gillard Cutting Technology is a trading name of Peter Gillard & Co. Limited.
Peter Gillard & Co. Limited is a limited liability company registered in England on 15th December 1971 under no. 1034752.
Registered office: Alexandra Way, Ashchurch Business Centre, Tewkesbury, Gloucestershire, GL20 8NB, England.
Registered for VAT under no. GB 207 7061 81.
© Copyright 2012 - 2015 Peter Gillard & Co. Limited. All rights reserved.
Servo-Torq®, Vac-U-Torq®, Neuma-Torq®, Accra-Feed™, Accra-Pull™, Accra-Cat™, SpeedCut™, Metal-Cut™, Braid-Cut™ and Ultra-Accurate™ are trademarks or registered trademarks of Peter Gillard & Co. Limited.
Kevlar® is a registered trademark of E. I. du Pont de Nemours and Company or its affiliates.
Due to our policy of continuous design, material and manufacturing improvement we retain the right to amend specifications and withdraw products from sale without any prior notice.
All machines manufactured by Peter Gillard & Co. Limited are supplied with a CE Certificate of Conformity.
Terms of Payment and Price:
- On credit accounts approved by the Company unless otherwise agreed the terms of payment by the Customer shall be:
- On all contracts for the supply of goods or services not exceeding the value of five thousand pounds (£5000.00), payment is due no later than the end of the month following the month of delivery of the goods.
- On all other contracts payment shall be by installments. Payment of 40% of the total price shall become due on the date of acceptance of the order (in instances of default of the order by the customer) this deposit is non-refundable. 50% of the total price shall become due on notification of readiness to dispatch from the Company’s factory. The remaining 10% shall become due 30 days from notification of readiness to dispatch the goods.
- Where credit facilities do not exist terms of payment will be cash with order.
- Time of payment shall be of the essence of the contract. On failure to pay any sum by the customer that may have fallen due by the due date, the Company may:
- I. charge interest at the rate of eight percent (8%) above the current base lending rate of the Company’s bankers, on all overdue accounts from the due date until the date payment is made;
- postpone fulfillment of its own obligations or suspend work until such overdue payment is made;
- III. suspend or cancel deliveries (and the Customer shall not be able to claim for any losses, damages, expenses or costs (whether direct or indirect) of whatsoever nature caused by such postponement(s), suspension(s) or cancellation(s));
- IV. claim fixed costs for credit control overheads as defined under s5A of the Late Payment of Commercial Debts Act 1998;
- V. cancel any discount applied to the contract price;
- VI. recover all costs from the Customer incurred by the Company in seeking a recovery of any unpaid sums on an indemnity basis; and
- recover all costs from the Customer on an indemnity basis (including all direct and indirect costs, losses, overheads and expenses of recommencing or reinstating a delivery or performance of its obligations) caused by any such cancellation(s), suspension(s) or postponement(s)
- Save in respect of export contracts, prices are quoted Ex-Works unless otherwise stated and the Customer shall pay or be responsible for packing and carriage to any other point of delivery
- It is an express condition that the Company may at any time in its discretion amend the price for all or any part of the goods or services that are to be supplied under the contract to the current price for such goods at the time of delivery. In the event that the quality ordered is different from that originally quoted for the Company reserves the right to amend the price.
- Prices are quoted on the basis of cost of labour, materials, transport, overheads, currency and taxation at the date of quotation. The Company may at its discretion add to quoted prices any increase in such costs or any added cost resulting from Government orders or regulations (whether new or existing) arising after the date of quotation to date of acceptance of materials and services
- The Company reserves the right to make an additional charge in respect of variations requested by the Customer and agreed by the Company to the terms and specifications of the contract (including variations to delivery location)and in circumstances where work of installation is on any basis other than that of one shift straight time working during normal working hours.
- The Company reserves the right to apply a service charge on all small value orders.
Deliver, Delay and Acceptance:
- Dates quoted for delivery and performance are subject to confirmation at the time any order is placed. The Company shall not be liable for loss or damage occasioned by delay nor shall the Customer have any right to impose penalties or to cancel the order for delay from any cause.
- The Customer shall notify the Company in writing of all necessary forwarding instructions within seven days of notification that materials are ready for dispatch and in the event of delay in such instructions the Customer shall pay the costs and expenses including a charge for storage occasioned thereby and the Company shall be entitled to arrange transport and storage at the Customer’s expense and risk at suitable alternative premises to those of the Company.
- Minor defects that do not affect the use of the goods shall not delay the terms of payment.
- The Customer shall be responsible for arranging for testing and inspection of the materials at the Company’s premises before shipment. Upon completion of assembly at our works or site installation or commissioning (should this be part of the contract) the Company shall notify the Customer in writing of the readiness of the equipment for inspection (“the Readiness Date”). The Customer will then nominate a date for the acceptance tests to take place which shall take place no later than 10 days after the Readiness Date. Within ten (10) days of the Readiness Date, the Customer will accept the work or notify the Company in writing of anything believed to be required to be done to make the work in order to comply with the agreed specification. Failure to provide written notification of work to be undertaken, within that period will be deemed to constitute acceptance by the Customer of the work. It is understood that if the work conforms with the specification agreed at the time of placing the order by the Customer the work will be accepted by the Customer and the Customer will not seek to vary the specification. Any commercial use by the Customer or the Customer’s assignee or any other user of the goods or work (other than by way of testing purposes) will be deemed to constitute an acceptance by the Customer of the goods or work.
- Save in respect of personal injury or death caused by the negligence of the Company or fraudulent misrepresentation, it shall have no liability for any claim in respect of any defect in the materials which would be apparent on such inspection or in respect of any damage during transit from the place of manufacture, The liability of the Company for damage to the goods during transit shall be limited to the amount recovered under any insurance claim made by the Company for such loss or damage (less any sums outstanding under this contract).
- Consignments must be inspected in the presence of the carrier. If any goods are damaged or lost, the consignment note must be endorsed accordingly and the Customer must notify the Company within 48 hours of delivery, such notification to be confirmed in writing within the following five (5) days. In the absence of such notification, the Customer shall be deemed to have accepted the goods and to have waived any right to claim for such loss of or damage to the Goods from the Company.
Risk and Title:
- Risk shall pass to the Customer on delivery to the Customer or to his agent or any carrier acting for the Customer (including any such agent or carrier instructed by the Company acting on behalf of the Customer).
- The property in materials supplied shall remain vested in the Company and the Customer shall hold materials supplied as bailee only until the Customer shall have paid the Company all sums owing from the Customer in respect of goods delivered by the Company. In the event of any resale by the Customer of the Company’s goods the beneficial entitlement of the Company shall attach to any claim against the Customer’s purchases and to any proceeds of that sale so that such claim or proceeds of sale shall be held in trust for the Company and the Customer shall have a fiduciary duty to account to the Company for that claim and any proceeds of sale. Where proceeds of such a resale are received by the Customer he shall keep them in a separate account as agent for the Company until the proceeds are handed over to the Company. The Company shall account to the Customer for any excess of such monies over the amount due to the Company.
- The Customer grants an irrevocable licence for the Company or its agents (with or without vehicles) to enter onto the Customer’s premises (or other location at which the goods have been installed) to take possession of the Company’s goods at any time prior to payment of all sums owing to the Company by the Customer.
No cancellation or variation of an order or variation to the terms and specifications of the contract (including variations to delivery location) will be accepted by the Company other than by express agreement in writing and the Company reserves the right to charge for materials obtained, work done, costs, losses or damages incurred (whether direct or indirect and which shall include, inter alia, loss of profit). In no case can cancellation be recognised or accepted within thirty (30) days prior to the agreed date of delivery.
- When work on site is to be undertaken by the Company, the Customer shall provide (at the Customer’s cost):
- Safe and good access to the site for delivery of plant and materials together with loading facilities.
- A clear level site with sufficient space adjacent for the placing of materials.
- The necessary foundations and cover over the site to protect materials and installation work.
- Water, light, compressed air, power and any lifting gear necessary in connection with the installation of materials supplied, the Customer undertaking all filling in or making good of floors, roofs and provision of cover plates over inspection pits and other engineering work including removal of rubbish.
- Health and Safety facilities, which may be required by law, under regulations current from time to time for employees of the Company while they are engaged at the Customer’s premises in the performance contract.
- All service connections for fuel, electricity, air, water and drains both to main plant and auxiliary equipment.
- In the event that the Customer shall fail to produce the facilities or services specified above, then any extra costs incurred by the Company shall be paid for by the Customer and the Customer shall compensate the Company for any delay in payment consequent thereon.
- The Customer shall indemnify the Company in respect of all claims made or proceedings taken against the Company by any third party in respect of personal injury or damage to property (including damage as a result of fire or explosion) caused by or arising out of the materials or the installation thereof in any manner whatsoever except to the extent that it results from the negligence of the Company, its officers, servants or employees.
- All persons provided by the Customer to assist the Company shall in all respects remain employees of the Customer.
- Unless otherwise stated, a sufficient area of work shall be available daily to ensure reasonable continuity and any cost of standing time due to delays in the preparation of the site or its availability shall be paid for by the Customer.
- The Company shall be entitled to appoint one or more sub-contractors to carry out all or any of its obligations.
Descriptions, Drawings, Data, Confidential Information:
- As part of it’s commitment to quality, the Company reserves the right to change and improve the design of some or all of the component parts included in it’s quotation and thereafter supply accordingly.
- All drawings, documents and other information supplied by the Company are supplied on the express condition that the Customer shall not without the written consent of the Company:
- give away, lend, exhibit or sell such drawings or extracts therefrom or copies thereof or
- use them in any way except for the purpose of installing or operating the materials for which they are issued.
- Illustrations, weights, measures, temperatures, capacities and performance schedules contained in the Company’s printed brochures and sales literature form no part of the contract. The Customer shall be responsible for the accuracy of all information and drawing supplied by it, and the Company shall be under no responsibility to check the accuracy thereof.
- Copyright in respect of all drawings and other documents prepared on or behalf of the Company shall vest in and remain the property of the Company or its sub-contractors or agents (as the case may be).
The Customer shall indemnify the Company against any claim (including trademark, patent, or copyright claims) made against the Company in respect of materials designed and supplied by the Company to the specification of the Customer.
The Company shall be excused from liability or completion of its obligations if performance of the contract is prevented, hindered or delayed by any cause whatsoever beyond the Company’s control and in particular, but without prejudice, to the generality of the foregoing by act of God, war, Government control, restrictions or prohibitions or any other Government act or omission whether local or national, fire, floods, subsidence, sabotage, strike or lockout and shall not be liable for any loss or damage resulting from any such circumstances.
Planning permission, Licenses, Regulations and Bye-Laws:
- No responsibility is accepted by the Company for failure to comply with any statutory or other regulation or local bye-law affecting the site in use or the operation or construction of materials supplied and all consents and approvals required shall be obtained by the Customer.
- All fees or charges made by local authorities in connection with regulations or passing of plans will be payable by the Customer and the Customer shall be responsible for seeing that the materials supplied comply with all health and safety at work regulations or their equivalent in the jurisdiction of delivery) and all other regulations as installed.
Determination of contract:
The Company may determine any contract forthwith in any of the following events:
- If the Customer shall default in any of the Customer’s obligations to the Company.
- If the Customer shall make or offer to make any arrangement or composition with creditors or permit any act of bankruptcy or any petition or receiving order in bankruptcy should be presented or made against the Customer.
- Where the Customer is a limited Company, if any resolution or petition to wind up such Company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver of such Company’s undertaking property or assets or any part thereof shall be appointed or becomes subject to an administration order.
- If there occurs in any country any event which has an effect equivalent or similar to any of those mentioned in (b) and (c) above.
- The Company agrees to replace or repair at its option materials supplied by it and proved to its satisfaction to be faulty (fair wear and tear or damage due to misuse or improper operation excepted) provided that such fault is notified in writing to the Company within twelve months from the original date of dispatch from the Company’s works or those of its sub-contractors or two thousand hours of use whichever occurs first.
- In cases where the Company undertakes to supply materials or components only (i.e. no added value by the Company) the manufacturer’s guarantee will apply instead of the guarantee under (a) above.
- This guarantee is given in lieu of custom usage or common law.
- that it purchased the materials in a competitive market and that the bargaining strength of the Company was in no way a relevant factor in the purchase of the materials from the Company.
- that the purchaser purchased the materials in the course of business and not for private use.
- unless expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Orders for goods specially manufactured for the Customer will only be accepted subject to the Company’s right to deliver and charge up to Ten percent (10%) more or less than the quantity ordered. The Company will not accept any restriction of its right to manufacture, sell or offer to any other customer goods which may be manufactured specially for a specific customer or customers.
Consequential Loss or damage:
Save as expressly herein provided the Company shall have no liability to the Customer for any loss of profit, loss of business, loss of anticipated savings, loss of or damage to data, third party claims or other loss or damage direct or indirect or consequential, whether in contract, tort or otherwise of whatsoever nature, even if advised of the possibility of such losses, or for any claim by any third party. The Customer is advised to insure against all such potential loss, damage, expense or liability.
The Customer shall indemnify the Company against all losses, liabilities, claims, costs and expenses that may result from loss of or damage to any property or injury to or the death of any person (including any employee of the Company) that may arise out of any act or omission of the Customer, his employees, agents or sub-contractors in connection with the contract or the site.
Any service or advice which may be offered by the Company to users of its products is rendered in all good faith, but the Company shall not be liable for any loss or damage save in respect of fraudulent misrepresentation made by the Company or its employees…
No returns will be accepted by the Company other than by express agreement in writing. Unauthorised returns received by the Company will be returned to the sender carriage forward.
Notwithstanding any other clause, the Company does not exclude liability for either of the events specified in section 2 (I) of the UNFAIR CONTRACT TERMS ACT 1977 to the extent that it results from the negligence of the Company, its officers, servants or employees and accepts liability for any breach on its part of any undertaking as to title, quiet possession and freedom from encumbrance implied by statute.
Except with the Company’s prior approval in writing, goods sold by the Company may not be exhibited or advertised in any show display or exhibition other than on the Customer’s own premises and may not be entered for any event.
- In these conditions “Incoterms” means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these conditions but if there is any conflict the latter shall prevail.
- Where the materials are supplied for export from the United Kingdom the provisions of this clause shall (subject to any special terms agreed in writing between the Company and the customer) apply notwithstanding any other provision of these conditions.
- The Customer shall be responsible for complying with any legislation or regulations governing the import of the materials to the country of destination and for the payment of any duties thereon.
- Unless otherwise agreed in writing between the Company and the Customer, the materials shall be delivered CIF to the place specified in the order and the Company shall be under no obligation to give notice under section 32 (3) of the Sales of Goods Act 1979.
- No waiver by the Company of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
- The contract is governed by English law. The Company reserves the right to refer for any dispute under the contract to arbitration in London in accordance with the Arbitration Act 1996 and the arbitrator shall be selected by the President of CIArb within 28 days of a request for him to so nominate.
- The Customer shall not assign the benefit of any contract or any warranty or other provision to any person without the prior written consent of the Company.
Effective 1st October 2013