Terms & Conditions
1. The following terms and conditions (the "Terms") apply to the sale of all goods and services by Spectrum Plant Ltd. No alterations or additions to, nor the exclusion of, any part of the Terms shall be made unless specifically agreed in writing.
2. Nothing in the Buyer's terms of purchase, purchase order, acceptance note or similar document shall override, cancel or modify any of the Terms. In the Terms the "Buyer" refers to the person, firm or company to whom Spectrum Plant Ltd supplies the goods and/or services.
3. All prices quoted are exclusive of VAT and are subject to change without notice. Spectrum Plant Ltd shall notify the Buyer of any changes prior to accepting an order.
4. Illustrations, descriptions, weight and measurements shall be taken by the Buyer as a guide only and are not binding in detail. Spectrum Plant Ltd, without notice, reserves the right to make changes to any specifications as it sees fit.
5. Charges for goods and services supplied by Spectrum Plant Ltd must be paid for in full on or before delivery or completion unless the Buyer has an approved credit account with Spectrum Plant Ltd. An application for the opening of a credit account with Spectrum Plant Ltd shall include an undertaking by the applicant that they have read and agreed to the Terms.
6. Payment is due from the Buyer by the 28th day of the month following delivery where a credit account has been given. Spectrum Plant Ltd may, at its absolute discretion, close the Buyer's account at any time and any monies due shall be paid immediately by the Buyer to Spectrum Plant Ltd. If no business is transacted for the period of one year, credit account facilities may be withdrawn.
7. Spectrum Plant Ltd reserves the right to charge interest on all overdue accounts at the statutory rate stipulated by the Late Payment of Commercial Debts (Interest) Act 1998 and also to recover all costs incurred in collection of such monies.
8. All payments shall be made without any deduction whether by way of set off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by Spectrum Plant Ltd to the Buyer.
9. The Buyer shall reimburse on demand any charges incurred by Spectrum Plant Ltd for any cheque issued by the Buyer which is returned by a Bank for any reason in addition to any administrative fee Spectrum Plant Ltd may impose for dealing with the same.
10. Any period of time named by Spectrum Plant Ltd for delivery of goods or services is an estimate only, and while every effort will be made to deliver on time, time for delivery shall not be (or be made) of the essence. Spectrum Plant Ltd will not be liable for any consequences of a delay in delivery. Claims by the Buyer for damage in transit, shortages or non-delivery must be made within three days of the delivery date or intended delivery date.
11. The risk in the goods passes to the Buyer immediately upon delivery to themselves, their servant or agent. The property in, and legal and beneficial title to, goods supplied by Spectrum Plant Ltd shall remain with Spectrum Plant Ltd until the Buyer has paid in full (in cash or cleared funds) all sums due to Spectrum Plant Ltd for:
a. the goods; and
b. all other sums that are due to Spectrum Plant Ltd from the Buyer on any account. Goods shall be stored separately and identifiably until paid for. Spectrum Plant Ltd shall be entitled to recover possession of its goods (and to enter onto the Buyer's premises for that purpose) if goods are not paid for in full by the due date or if:
c. the Buyer (being a company) passes a resolution for winding up (other than for the purposes of a bona fide reconstruction or amalgamation) or has a winding up order made in respect of it or has a receiver, administrative receiver, manager or administrator appointed of all or any part of its undertaking or assets; or
d. the Buyer (being a partnership) is dissolved or (being an individual) has a bankruptcy petition presented or dies; or
e. the Buyer ceases, or threatens to cease, to carry on business, or becomes unable to pay its debts or becomes insolvent (within the meaning of the Insolvency Act 1986) or makes or proposes to make an arrangement or composition with its creditors; or
f. Spectrum Plant Ltd reasonably apprehends that any of the events mentioned above may occur in relation to the Buyer and notifies the Buyer accordingly.
It will be assumed that where the Buyer purchases similar goods from Spectrum Plant Ltd on a regular basis, that a stock rotation system has been operated and goods still held relate to invoices outstanding for which full payment has not been made. Spectrum Plant Ltd shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from Spectrum Plant Ltd. On termination of the contract of sale to which the Terms apply, howsoever caused, Spectrum Plant Ltd 's but not the Buyer's rights contained in this clause shall remain in effect.
12. It is the responsibility of the Buyer upon delivery to examine goods and/or services supplied by Spectrum Plant Ltd and to identify defects in materials and/or workmanship. Spectrum Plant Ltd shall not be liable for defective goods and/or services beyond replacement of the goods and/or services upon verification of the Buyer's complaint, provided that such complaint is made within five days of the delivery/completion date and Spectrum Plant Ltd is given reasonable opportunity to examine the goods and/or services.
13. All goods supplied by Spectrum Plant Ltd should be checked by the Buyer for correct suitability, type, fit, etc before used in any way. It is also the responsibility of the Buyer to determine whether the goods supplied are fit for the purpose for which they may be required.
14. Spectrum Plant Ltd, its servants or agents, shall in no way be liable to the Buyer in connection with nor shall the Buyer be entitled to rely on, any advice, information, opinion, or statement, although given in good faith, whether oral or in writing, express or implied, save in the event of fraud or fraudulent misrepresentation.
15. Spectrum Plant Ltd will only accept back for credit goods which are returned in the same condition as that in which they were supplied and reserves the right to levy a 20% handling charge. Such returns must be made within 28 days of delivery. However, goods which have been specially ordered, made to a Buyer's specific instruction, or repaired, cannot be accepted back for credit.
16. The Buyer shall indemnify Spectrum Plant Ltd against all costs, claims, demands, expenses, and liabilities, whatsoever made by third parties, caused in whole or in part arising out of or in connection with the supply and/or use of the goods and services.
17. Save as provided in the Terms, all other warranties, terms and conditions, express or implied, statutory or otherwise are excluded to the fullest extent permitted by law save for the conditions implied by section 12 of the Sale of Goods Act 1979. Spectrum Plant Ltd shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential (howsoever caused) which arises out of or in connection with the supply of goods and/or services. Nothing in the Terms shall restrict the statutory rights of a consumer or Spectrum Plant Ltd 's liability for death or personal injury caused by its negligence.
18. For the purposes of the Contracts (Rights of Third Parties) Act 1999, Spectrum Plant Ltd and the Buyer do not intend that any other party shall be able to enforce the Terms or the contract of sale to which they apply or any part thereof.
19. Spectrum Plant Ltd may assign any order placed for goods and/or services or any part of it to any person, firm or company.
20. Spectrum Plant Ltd shall not be liable for any failure to comply with any obligations under the Terms or the contract of sale to which they apply arising from circumstances beyond its reasonable control.
21. If any provision in the Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the Terms which shall remain in full force and effect.
22. The Terms and the contract of sale to which they apply supersede all prior agreements, whether oral or written. Each contract of sale shall be deemed to have been made in England and shall be governed in all respects by English law and the Buyer shall submit to the jurisdiction of the English Courts.
