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We/Us/Our = Energy Development Co-operative Limited
Complete Systems = Power Supply Systems designed, supplied, installed and commissioned by Us
1. Conditions of Sale and Supply
These conditions apply to all contracts for the supply of services and the sale of equipment by Us to
You including the
supply of Complete Systems to the exclusion of all other standard or printed terms and conditions You
may purport to
apply in any purchase order, confirmation of order or other documentation and all previous terms and
conditions- Any
variation of these Conditions or additional or special terms and conditions will not apply unless We
agree to them in
writing.
2. Quotations
Any quotation given by Us to You is based on:
(a) Our wage rates and the prices of equipment current at the time of the quotation and
(b) Your specification of the works and or equipment to be supplied and We reserve the right to increase
the quotation if
that specification is subsequently varied.
Any quotation shall not be binding on Us unless it is accepted within the validity period stated on
the quotation. The
printed price lists periodically issued by Us do not constitute a quotation which will always be issued
in writing on
request. We may give You notice up to 7 days before commencement of the works or delivery of the equipment
to
increase a Quotation to reflect any increase in the cost of the Works or the equipment to Us due to
circumstances
arising after the date of the Contract which are beyond our reasonable control and You will have the
right to cancel this
Contract within 7 days of receiving notice of increase from Us.
3. Prices
The price is as stated on our current price list and is in Pounds Sterling, The price does not include
VAT at the
appropriate rate at the date of invoice and the costs of packing and delivery which unless otherwise
stated are payable
in addition.
4. Payment Interest and Interim Invoices
Payment may be made by Visa or Mastercard Credit Card, cheque or by BACS transfer to Our bank account.
We do not
currently accept credit cards transactions outside of Europe. Payment is due in full within 30 days
of the date of Our
Invoice and the time for payment shall be of the essence. Interest on overdue invoices shall accrue
from the date that
payment is due until the date of payment after as well as before any judgement at a rate equal to 4%
above the base
lending rate of NatWest Bank Plc from time to time. We reserve the right to submit interim invoices
and claims for
progress payments at any time during the period of the Works. If You cancel an order we reserve the
right to charge
You for all the work We have done up to that time and all expenses We have incurred in connection with
the Order.
5. Delivery Dates
All delivery dates are estimates and are not under Our control. Please inform Us if Equipment is not
delivered when
expected but We do not accept any liability for delays in delivery or any loss arising in consequence.
6. Delivery and Acceptance
You must inspect equipment supplied as soon as practicable after delivery and notify Us within 3 days
of any alleged
defect shortage in quantity or failure to comply with the description of the equipment. The equipment
is at Your risk from
the time of delivery and no liability will be accepted by Us for damage or loss to the equipment after
the time that the
delivery document stating that the equipment was received in good condition has been signed- Failing
such notice You
will be deemed to have accepted the equipment and it shall he conclusively presumed that the equipment
is in
accordance with the Contract and free from any defect or damage which would be apparent on examination.
7. Retention of Title
Notwithstanding delivery of the equipment to You or Your premises property and ownership in the equipment
shall not
pass from Us until You have paid the price including VAT and all other sums which are due from You to
Us in full. We
shall be entitled to recover the price including VAT notwithstanding that property in the equipment
has not passed from
Us. Until property and ownership in the equipment passes from Us You will on request deliver up such
of the equipment
as has not ceased to exist or been resold. If You fail to do so We may enter any premises owned occupied
or controlled
by You where the equipment is situated and repossess it. You shall not charge by way of security for
indebtedness
any of the equipment which is Our property and if You do so all
sums owing by You to Us shall immediately become due and payable without prejudice to Our other rights
against You.
8. Guarantees and Liability
For Complete System provided that You have used and maintained them in accordance with the operating
manual for the
System and its component parts We will replace or repair any parts which fail at no charge for a period
of 12 months
from the date of commissioning of the Complete System and We may at our discretion require You to return
the
equipment at our expense for that purpose. Any other equipment supplied by Us has the benefit of the
relevant
manufacturer's guarantee which is subject to the terms and conditions laid down by the manufacturer.
Except where
We have been contracted to install and commission the equipment You are responsible for ensuring that
the
manufacturers terms and conditions are complied with on installation and in all cases You must operate
the equipment in
accordance with the manufacturers terms and conditions. In the event of a suspected fault You must inform
Us promptly
and We will advise on the suspected fault and give instructions regarding its return if necessary. If
the equipment is
found to be in satisfactory working order or if the fault has been caused by Your failure to observe
the manufacturers
guarantee terms and conditions We will charge You for all costs incurred including Our time in inspecting
the equipment
9. System Design
We design Systems based on Your load requirements and locations as notified to Us by You. Although,
we endeavour
to use reliable weather data in assessing Your requirements, weather conditions are always variable
often over a small
area and We are therefore unable to guarantee a specific power output for any System. We do not accept
liability for
the failure of any System to provide the power output required by You. We will provide full technical
specification for
any equipment or Systems in any quotation on request but it is Your responsibility to ensure that equipment
or Systems
ordered by You meet the requirements and specification of You or Your customers with an adequate margin
for
weather fluctuations.
10. Liability
If equipment or Systems supplied by Us are defective or otherwise not in accordance with the Contract
Your sole
remedy shall be limited to our repairing or replacing the equipment or at Our election refunding part
of the price. Our
liability to You in respect of any breach of the Contract shall in no circumstances exceed the value
of the price. We shall
in no case be liable to You for loss of profit or for any other indirect loss or expense suffered by
You as a result of any
breach of Contract by Us.
We will provide a copy of the manufacturers storage and handling instructions with any hazardous chemicals
(such as
battery acid) which We supply. You must read these instructions. You are responsible for taking all
necessary
precautions when handling transporting installing or maintaining these chemicals. We would remind You
that You must
dispose of any hazardous chemicals in a safe and approved manner in accordance with the regulations
and
requirements of national and local government.
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