D&H Engineering Ltd
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Terms of Trading

These terms of trading supersede all previous terms of trading and shall form the basis of any contract of sales entered into by D&H Engineering Services Ltd

 

1. D&H Engineering Services Ltd hereby enters into a contractual relationship with the buyer (for example, an individual or company) requiring its goods or services.

2. The goods or services to be provided will be discussed and agreed   with the buyer by D&H Engineering Services Ltd.

3. The dimensions and specifications will be agreed with the buyer to include customary and reasonable tolerances according to manufacturers’ recommendations. All projects will be certified to EXC2 unless otherwise stated.

4. D&H Engineering Services Ltd will provide an estimate, including price of goods and services, installation costs and, where appropriate, VAT at the prevailing rate.

5. The buyer will send confirmation of acceptance of the estimate in writing and a timescale for completion will be formally agreed.

6. The buyer will ensure that there are suitable premises, necessary services and amenities, for example, electricity, to enable D&H Engineering Services Ltd to undertake work at the agreed site.

7. (a) notwithstanding the passing of risk on delivery, the title to the goods shall not pass to the buyer until D&H Engineering Services Ltd have received payment in full (by cheque or cleared funds) for the goods and all other sums which are/or become due to D&H Engineering Services Ltd for sales of the goods or any other products to the buyer.

(b) if payment is overdue (or earlier in the circumstances described in

clause 3 below, D&H Engineering Services Ltd may recover any or all of such goods and may without let or hindrance enter the buyer’s premises or site for this purpose.

(c) from the advised due date of payment until settlement is made, interest will be charged at the bank rate prevailing plus 3%.

(d) until title to goods has passed to the buyer, the buyer will keep D&H Engineering Services Ltd.’s goods separate, clearly identifiable and in good condition, but without prejudice to the buyer’s right to sell them in the ordinary course of business.

8. (a) unless otherwise agreed in writing, payments shall be made strictly nett by 14 working days following the date of invoice.

(b) any extended credit indulgence or forbearance extended by D&H Engineering Services Ltd to the buyer that is not subject to written agreement will not in any way prejudice their rights under clause 1(b) and 1(c).

9. If any information comes to the attention of D&H Engineering Services Ltd that gives D&H Engineering Services Ltd cause to believe that the buyer’s ability to pay is in serious doubt or being a limited company and resolution or petition to wind up its business is passed, or if a receiver of any part of such company’s assets shall be appointed, or an administrator is appointed, D&H Engineering Services Ltd will have immediate rights to recover their goods as stated in clause 1(b) before

expiry of the standard credit terms notwithstanding any variance that had been agreed in writing to those terms (but subject to paragraphs 42 to 44 of schedule B1 of the Insolvency Act 1986). A D&H Engineering Services Ltd proof of delivery of supply of any item will be deemed to be sufficient identification that the item is recoverable by D&H Engineering

Services Ltd, notwithstanding that the total value of goods recovered shall not exceed the total value of the debt.

10. The buyer shall examine the goods on delivery/completion and shall as soon as possible, but in any case within 3 working days, give notice to D&H Engineering Services Ltd of any claim in respect of damage to such goods or notice of any reason why the buyer does not wish to accept the goods for full payment, in the event of D&H Engineering Services Ltd agreeing to collect the goods, the buyer stands responsible for the safe care and full value of the goods for a further 7 days following the notification or until D&H Engineering Services Ltd have collected the goods, whichever is the sooner.

11. (a) all assignable manufacturers’ warranties and guarantees are passed to the buyer instantaneously with the passing of the title .

(b) D&H Engineering Services Ltd.’s liability for claims relating to the quality, conformity with description, fitness for purpose, or performance of goods supplied to the buyer shall under no circumstances exceed the invoice price of the goods.

12. Not with standing clause 11¨ the goods are being sold “as is,” and D&H Engineering Services Ltd disclaims all warranties of quality, whether express or implied including the warranties of merchantability and fitness for particular purpose. The Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the goods and that no such statements or representations have been made. The Buyer acknowledges that it has relied solely on the investigations, examinations, and inspections as the buyer has chosen to make and that D&H Engineering Services Ltd has afforded the buyer the opportunity for full and complete investigations, examinations, and inspections.

13. While D&H Engineering Services Ltd endeavours to deliver goods promptly; no liability whatsoever can be accepted by D&H Engineering Services Ltd for any direct or indirect consequential or subsequential loss resulting from late or nondelivery.

14. All goods supplied by D&H Engineering Services Ltd are supplied strictly on condition that manufacturers’ recommendations regarding their use, storage and health and safety are strictly adhered to. D&H Engineering Services Ltd accepts no liability for any direct or consequential loss resulting from any user’s failure to follow these recommendations. Data

sheets are available on request.

15. Unless goods are validly rejected in accordance with clause 4 above, D&H Engineering Services Ltd shall be under no obligation to accept a return of any goods accepted at the point of delivery and on completion unless D&H Engineering Services Ltd, having inspected such goods, agrees in its absolute discretion to accept all or any such goods for return in which case D&H Engineering Services Ltd reserves the right to make a reasonable charge for accepting the return of such goods. Notwithstanding the foregoing, D&H Engineering Services Ltd will not accept a return of goods which were supplied to special order or which

are obsolete.

16. Goods are supplied by D&H Engineering Services Ltd only subject to these terms and the buyer accepts these terms govern all contractual relationships between them to the exclusion of any terms contained in any of the buyer’s documents.

17. No employees or other person acting or purporting to act on behalf of D&H Engineering Ltd is authorised to agree or effect any alterations in these terms save that a director of D&H Engineering Services Ltd may in writing agree any amendments or alterations.

18. This contract is subject to English law and the jurisdiction of Englishcourts.

19. This contract will become effective when both parties have signed it. The date this contract is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the date of this contract.

20. This contract may be signed in one or more counterparts, which together will form a single agreement. This contract may be signed electronically. Each party is signing this agreement on the date stated opposite that party’s signature.

For more information about our services please contact us via our dandh.eng@gmail.com or directly  01223  864000  07779275999