KALL KWIK MACHINERY.   TERMS AND CONDITIONS OF BUSINESS

 

1. In these conditions the following words and phrases shall bear the following meanings:

“The Customer” means the person firm or company designated on the suppliers invoice or on the customers purchase order (as the

case may be).

“The Supplier” means KALL KWIK MACHINERY

“The Manufacturer” means URBAN GmbH & Co., SCHIRMER MASCHINEN GmbH, HAFFNER GmbH or PERTICI SpA other company

as the case may be.

2. There shall be no acceptance of any order unless, and until it is confirmed in writing (by fax, telex or letter) by the supplier. No

amendment to the order shall be binding unless similarly confirmed.

3. No representations warranties, statements or other matters of any kind whatsoever (whether oral or in writing) shall have any effect

unless confirmed by the supplier in it’s acceptance of the customers order.

4a. Delivery shall be effected as soon as reasonably practicable. Time shall not be of the essence in connection with delivery

although the supplier will use all reasonable endeavours to ensure that estimates of delivery are adhered to.

b. No liability will be accepted for late delivery for any reason.

c. No customers order shall be accepted if it contains any penalty clause for late delivery.

d. Responsibility for safe custody of any goods supplied passes to the customer on delivery save that title there to shall only pass

upon payment for the goods but not otherwise.

e. If the customer requires any special confirmation design layout, finish or other matter which is not standard on the manufacturers

goods then it is the customers obligation to notify such requirements in writing prior to acceptance of the order. No liability for

omission of such requirements can be entertained if the customer does not comply with this condition.

5. Damage and loss in transit.

a. The manufacturer has insurance to cover this risk but if no written claim arising there from is made within 5 days of delivery it shall

be rejected without the supplier or the manufacturer sustaining any liability in respect thereof.

b. Insurance does not extend to unloading and unpacking which are the customers responsibility.

c. In the event of short delivery no claim will be entertained if not advised within three days of delivery and notified in writing as note

in 5 (a) hereof.

d. In the event that the customer does not examine goods on delivery and fails to sign a delivery document “received unexamined”

no claim shall lie of any nature for loss for damage or shortage in delivery.

6a. Unless otherwise quoted goods will be charged at prices prevailing in the suppliers price list as at delivery and not as at

acceptance of order.

b. All prices are exclusive of VAT at standard rate.

7. Payment shall be made as follows:

a. A deposit of 30% of the customers order value shall accompany the customers order.

b. A further payment of 60% will be payable when the machine becomes ex works from the supplier

c. The balance shall be paid upon successful commissions of the goods or 30 days after delivery whichever shall first occur.

d. Non-payment shall result in repossession of the goods by the supplier (with costs of repossession failing to be paid by the

customer) and/or by an interest charge of 2% per month until payment is made.

e. All part deliveries of an order shall be subject to payment terms as per 7 (b).

f. In the event of currency fluctuations between the £ (pound) and the DM resulting in increasing the suppliers costs by more than 5%

between acceptance of the customers order and delivery then the supplier shall have the option of passing unto the customer a

currency charge to cover such differential. Payment thereof shall be paid by the customer in accordance with (b) hereof.

8a. The supplier does not warrant that the goods are fit for the purpose for which the customer requires them. However the supplier

shall supply goods of merchantable quality which are fit for the purposes described by the supplier.

b. The supplier shall have no liability for any goods modified transformed misused or installed incorrectly save where such events

have been undertaken by the suppliers own personnel.

c. Installation (including provision of electricity and compressed air) is the responsibility of the customer.

9a.The manufacturer grants a guarantee for 12 months from delivery. It covers provable faults on goods supplied and installed if

undertaken by manufacturer or its authorised representative. No guarantee shall cover the cost of carriage for replacement goods nor

repair and installation costs.

b. If any electronic equipment should be subjected to excessive voltage via lightening, mains spikes or frequency welding, then all

such guarantee/warranty on the equipment shall be void. The supplier will provide detailed welding procedures upon request. These

procedures must strictly be adhered to prior to engaging in any form of electrical welding on the equipment.

c. No liability shall rest on supplier or manufacturer for misuse of the goods nor for normal fair wear and tear.

d. All claims must be in writing to the supplier and must quote the relevant serial numbers of the goods.

e. No claim shall lie against the supplier and against the manufacturer for consequential losses or loss of production or profit claims

whatsoever.

f. No claim shall arise against either supplier or manufacturer for damage to persons or property arising out of the sue of the goods

save where liability cannot be exclude by English Law in England and Wales and Northern Ireland.

10. Title

Title in the goods shall not pass to the customer until monies in respect thereof have been paid. The customer expressly recognises

that such goods are held on trust for the supplier until payment has been made. The customer undertakes to draw this clause to the

attention of any liquidator receiver sheriff bailiff and other person or persons attempting to remove the same from the customers

premises. The customers directions jointly and severally guarantee due performance hereunder and accept personal liability for the

goods and the invoice value until payment has been made in full.

11a. Guarantees/Warranties

Extension of guarantees/warranties over and above manufacturer’s guarantees/warranties will be covered by KallKwik Machinery. It

covers provable faults on goods supplied; no guarantee shall cover the cost of carriage for replacement goods nor repair and

installation costs.

11b. All guarantees/warranties are subject to the use of genuine parts. Installation of non-genuine parts shall void the

guarantee/warranty.

11c. All consumable parts purchased by the customer during guarantee/warranty period must by purchased from the supplier.

11d. The Warranty/Guarantee shall become void if any work is carried out by any one other than a KallKwik Machinery Engineer.

12. Cancellation of Order

a. In the event that the customer cancels the order or part thereof prior to delivery (but after acceptance) the deposit paid (or a sum

equal to 30% of the value of the order shall be forfeit to the supplier as liquidated damage for loss of profit.

b. In the event of cancellation of goods which are custom made to the customers specifications then the entire value of the order

shall be due and payable subject to the suppliers obligations to reasonably seek to mitigate his loss.

13. Non acceptance of delivery shall be deemed cancellation and all storage and transportation costs arising there from shall be

reimbursed forthwith by the customer to the supplier.

14. English law shall apply to these terms and conditions and the QBD of the High Court and/or the County Court at Stockport shall

have exclusive jurisdiction.

15. Support subscription & Product and Services Payments

15a KallKwik Machinery may offer the Customer options to pay for the Services by Direct Debit. The Direct Debit payments will be

collected from the Customer’s nominated account in advance to the value agreed.

15b. KallKwik Machinery may change subscription payment(s) for Maintenance Services at any time by giving a minimum of one

month’s notice to the Customer or if the Customer agrees to the change in subscription following additional purchases of Services

from KallKwik Machinery as set out in an Order Form. The Customer has the right to cancel the Direct Debit providing three months’

notice is given in writing to KallKwik Machinery.

15c. If the Customer cancels its direct debit payments, KallKwik Machinery can suspend provision of the Services with immediate

effect without giving written notice to the Customer.

Share This