Terms and Conditions of Service
- APPLICATION OF CONDITIONS
Definitions are itemised as “the company” meaning KGE (Kent Garage Equipment) Ltd. “the purchaser” meaning the person, firm or company entering into the contract with the company. Goods and services “goods” are supplied subject to these conditions alone. By ordering goods from the seller, the buyer will be deemed to have accepted that these conditions take precedence over all other either submitted by the buyer or implied by trade custom, practise or course of dealing unless expressly agreed to in writing by the seller and signed by the company.
The prices indicated on the website are exclusive of VAT and delivery, these amounts will be calculated during checkout. Pricing quoted on an individual basis will be inclusive of delivery, installation and certification into a fully prepared site, the prices are subject to the addition of VAT at the rate ruling at the time of supply. The seller shall make every effort to maintain prices quoted but reserves the right to amend these prices without prior notice. Goods will be invoiced at prices ruling at a date of despatch and unless otherwise stated are exclusive of vat, the purchaser will pay VAT upon the goods at the rate in force at the date of the invoice.
Unless otherwise agreed in writing, payment in full is due in respect of goods supplied without deduction or set off. All sums become due and payable upon the delivery of the goods unless otherwise agreed in writing by the company. Any application for a credit account must be accompanied by a bankers reference and two trade references. Award of a credit account is entirely at the discretion of the company whose decision is final. By opening an account with us, you unreservedly give us the right to carry out credit searches on an occasional basis to enable continuity of a credit account. When stated in writing by the company credit accounts are due at an agreed time after invoice date stated by the company. The company and firm reserves the right to charge interest at 2% per month on all overdue accounts whether credit or otherwise. These terms or any revised terms as to time of payment shall be deemed to be of the essence of the contract. Finance options are available on request, please ask for details. Self finance terms require a 50% deposit due with the order and the remaining 50% due upon completion of the installation.
- PAYMENT COLLECTION
If facts come to our knowledge which in the light of consideration, give rise to justified doubts regarding the customers solvency, we shall be entitled to make at once payable all claims arising from our business relation, including those for which the term of payment has been extended. In such cases we shall be entitled to make any deliveries or render any services as yet outstanding only against prepayment or adequate security.
- ELECTRICAL WORKS
Anyone quotation given does not include for any electrical work (mains wiring, isolators and final connections) these remains the responsibility of the client to undertake unless specifically quoted. All electrical work is to be carried out in accordance with IEE 17th Edition Wiring Regulations BS7671. A separate switched isolator is required for each piece of equipment.
- GROUND WORKS
Any quotation given does not include for any civil work, which remains the responsibility of the client to undertake unless specifically quoted. The installation price is for install to a prepared site.
All goods ordered will be delivered to the purchaser’s address as provided by the purchaser. All dates quoted for despatch or ultimate delivery by the seller are as estimates only and are not to be the essence of the contract. Therefore the seller shall not be liable for the consequences of any delay in fulfilling the buyers order howsoever caused. The buyer shall nethereless be bound to accept the goods ordered when available. The company reserves the right to make a delivery of the goods by instalments and to render a separate invoice for each. MOT packages and Lifts will be delivered before the installation date to the premises on an agreed delivery date. The price includes delivery of the equipment with a Moffett style forklift truck or Tail lift with pallet truck. It is the responsibility of the customer to make sure that access to and into buildings/ premises is clear with no obstructions on the day of delivery.
Goods rejected by the buyer, as not complying with the contract must be advised within 48 hours of their receipt.
The company shall be under no liability for any defects or shortages that would be apparent on careful inspection if the terms of this clause are not complied with and in any event will be under no liability if a complaint by telephone is not made to our Chatham office within 48 hours, and confirmed in writing within 7 days. In all cases where defects or shortages are complained of, the company shall be under no liability in respect of the same unless an opportunity to inspect the goods supplied to the purchaser before any use is made of the goods or any alteration or modification is made by the purchaser. Subject to the above the company shall make good and shortages in the goods and where appropriate replace any goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability, however arising from such shortage or damage. In the case of glass items and/or monitors these should be checked upon delivery for damage as no liability is accepted once the delivery driver has left. Any damages should be returned with the driver immediately.
- TITLE OF GOODS & ALL MONIES CLAUSE
Although goods supplied by the seller shall be at the buyers risk, immediately upon delivery the property of the goods shall not pass to the buyer until all the goods of the sellers have been paid for in full. Until such payment the buyer shall have possession of the goods as bailee for the seller and if such payment is overdue in whole or in part the seller may recover or resell any goods or property, assets or chattels and the buyer hereby grants the seller an irrevocable right and licence to enter upon its premises for such purposes. If the goods are incorporated into other goods before full payment the property in the whole of such other goods shall be transferred these other goods then can be claimed for sale by the company where the proceeds would repay any outstanding amount due. Nothing in the clause shall prejudice the seller’s rights.
Should for any reason whatsoever the buyer wishes to return any goods to the seller the buyer must indicate to the sales staff items to be collected with details of discrepancies, quantities, number of items with reasons quoted for requested returns. The seller shall at our option, issue collection instructions. All goods should be adequately packed. Every effort will be made to issue a replacement item where necessary or a credit when replacements cannot be made. The seller may choose to replace, refund, partially refund, or return items to the buyer depending on circumstances and at the sellers discretion. At no time shall the buyer return any goods whatsoever without the sellers prior knowledge and agreement. All goods returned which require a replacement or a credit are sent back to the relevant manufacturer for the seller to claim a replacement or credit. If for any reason the seller is unable to obtain such the seller has the absolute right to return the faulty good to the buyer and charge the buyer for the goods in question. Goods that are returned by the buyer which are not subject to warranty claims and are not deemed faulty may be subject to a restocking charge of 10%. The seller’s decision is final and absolute.
The buyer must rely entirely on his own skill and judgement as to the suitability of all goods supplied for any particular purpose or for use under any specified conditions.
- DEFECTS AFTER DELIVERY AND LIABILITY
It is understood by the buyer that the sellers liability in respect of defective or otherwise unmerchantable goods shall not at any time extend beyond the actual price paid for such goods the seller shall not be liable for any consequence loss of whatsoever nature, however caused, arising out of any defect in the goods or from their failure to correspond to any description or representation or for their unsuitability for any purpose. Any goods whatsoever purchased by the seller to supply the buyer for whom the above clause applies, liability is effectively the manufacturers of the goods and not the sellers.
- FORCE MAJEURE
Should delivery of any goods sold be prevented or delayed by happenings or occurrences directly or indirectly due to force majeure or any circumstance whatsoever beyond the control of the seller, the company reserves the right to cancel or suspend deliveries without any liability of whatsoever nature and howsoever caused by the buyer.
Any warranty on goods supplied by the seller to the buyer which is not of the sellers making, results in no liability whatsoever for the seller. Absolute discretion for warranties is that of the Warranty Company who issued such warranty and their decision on replacement or credit is final and absolute. The seller effectively will carry out warranty requirements only as instructed by the issuer of the said warranty. And costs incurred by the seller for the replacement is chargeable, at the discretion of the members to the buyer. Warranty claim products must be accompanied by a proof of purchase showing date purchased.
All specifications are correct at the time of printing but the company reserve the right to alter any or all its specifications without prior notice.
- SITE MANAGEMENT
With respect to the “Construction Design and Management Health and Safety regulations”, Kent Garage Equipment Ltd is not the `Principle Contractor`. The Client or his Agent is responsible for providing Safe Site Storage and Welfare Facilities. Kent Garage Equipment Ltd terms and conditions will apply unless otherwise agreed in writing by Kent Garage Equipment Ltd at all stages of the contract. Offers are based on working normal working hours Monday to Friday. Premium rates may apply for out of normal hours and weekend works.
It is the Clients responsibility to dispose of all waste packaging materials. If there are waste bins available our engineers will tidy away any packaging upon completion of the installation. Otherwise all packaging will be left on the customer’s premises in a neat and tidy area next to the Installation.
- The contract shall be governed and construed by the law of England
- Headings have no effect on the interpretation of these terms and conditions and are for convenience only