TERMS and CONDITIONS of SALE
TERMS AND CONDITIONS OF SALE, EDITION 7
General These Terms and Conditions of Sale apply to any quotation, whether written or verbal, or to any order unless or until other Terms and Conditions are agreed and accepted by European Antennas Ltd (EAL) in writing. EAL's order acknowledgement must agree in all respects with the customer's order in respect of price, description and these Terms and Conditions of Sale to constitute a contract.
Cosmetic Finishes Antennas are built to high standards of workmanship and to a cosmetic finish commensurate with the commercial nature of the contract. Small variations and minor blemishes in surface finish and colour on metals, plastics and paint are to be expected, along with minor irregularities on joints and seals made by the manual application of adhesives/sealants.
Variations Variations to the contract of sale are by mutual agreement only, the customer's requests for variations must be made and confirmed in writing by EAL. EAL may adjust despatch times appropriately and may charge for work done up to the variation date and subsequently as a result of the agreed variation
Despatch Despatch schedules commence only when EAL have received all the necessary drawings and other information and have accepted the order. In the event of any late despatch or non-despatch, EAL shall not be liable for any consequential loss to the purchaser or any other parties under any circumstances.
Prices Prices quoted are exclusive of VAT. The cost of packing and carriage are additional to quoted prices and will be added to the invoice. The customer acknowledges the additional costs and agrees to pay the appropriate amount, even if it is not specified on the quotation or any other document.
Point of Sale Title to the goods that are the subject of this contract shall not pass to the purchaser until they are fully paid for. For despatches in the UK the risk in the goods passes to the purchaser on despatch to the contracted address of the goods by the nominated carrier. For despatches outside the UK the risk passes to the purchaser at the point of collection of the goods by the purchaser's nominated freight forwarding agent. Any fees imposed by the freight agent are for the account of the purchaser.
12 month Warranty Any complaint of any defect in the goods must be made in writing within twelve months of the date of despatch. EAL, if satisfied that the complaint is justified, will at their discretion repair or replace the defective goods free of charge but shall be under no further liability whatsoever. EAL shall not be liable for any defects that have not been notified in writing within the twelve month period as aforesaid, nor shall they be liable for any consequential loss under any circumstances. For full details see standard warranty conditions
Payment Terms For approved regular customers who have an established credit account with EAL with agreed limits, full payment is due 30 days after the date of invoice, unless an earlier date is specified. For non account holders payment terms are by Pro Forma invoice, with a 50% non refundable deposit with order and the balance (50%) prior to despatch of goods. Overdue accounts are liable to interest calculated at 0.5% per week. If a payment is 15 or more days overdue, EAL reserves the right to adjust the terms and conditions of contract including any credit limit, payment terms, despatch etc., without notice.
Insolvency If the customer ceases to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, or being a company that is deemed to be unable to pay its debts has a winding up petition issued against it, or being a person commits an act of bankruptcy, or has a bankruptcy issued against him, EAL without prejudice to other remedies shall:
(a) Have the right to cease work on the contract and be entitled to charge for work already carried out (whether complete or not) and materials purchased for the customer. Such charge to be an immediate debt to EAL.
(b) In respect of all unpaid debts due from the customer have a general lien on all goods and property in EAL's possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such a manner and at such a price as EAL thinks fit and to apply the proceeds towards such debts.
Cancellation of Orders There can be no cancellation or suspension of any orders without EAL's agreement in writing. If the purchaser cancels the order EAL has the right to charge the customer an amount appropriate to the work that has been carried out up to a maximum of the value of the contract.
Loan Items These Terms and Conditions apply to any loaned item. Notification of any defect must be made within two days. The loaned item remains the property of EAL at all times. It is a condition of accepting a loan item that the recipient insures the product and keeps it in his possession and under his control at all times. The recipient will pay for carriage and packaging of the item both to and from EAL's premises. Should the loan item not be returned to EAL within the agreed time scales (usually 30 days) then EAL will be entitled to invoice the recipient and be paid in full for the loaned item. Under these circumstances title to the item passes to the recipient upon full payment. The item should be returned to EAL in perfect working condition. If any damage has taken place to the loaned item EAL will invoice the recipient an appropriate amount to bring the unit back to full specification and cosmetic appearance, up to a maximum of the value of the item.
Intellectual Property The intellectual property of all items designed, developed and manufactured by EAL resides with EAL. The payment of Non Recurring Engineering (NRE) charges by a customer does not confer any rights to the intellectual property of any designs which emanate directly or indirectly from the development. As part of any contract, whether it includes the payment of NRE or not, the customer must accept without reservation that EAL is the rightful owner of all intellectual property rights for products which are supplied under contract. The customer must not copy, or allow any third party to copy the designs of any of EAL's products.
NRE Policy Statement
Included in NRE Charge:
Pays for prototype materials
Testing of the prototypes to the customers specifications
Project administration including customer liaison, visits and reports
Not included in NRE Charge:
Design origination activities
IPR in any form including copyright
Information regarding design or manufacturing materials, methods or techniques
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|TELEPHONE: Head Office +44 (0)1638 731888 / Sales +44 (0)1638 732177 / Fax +44 (0)1638 731999
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Updated 13 February 2007
© Copyright European Antennas Limited 2007