In these conditions;
No warranty, expressed or implied, is given by the Company as to the accuracy or completeness of information supplied by the Company (whether that information is supplied in connection with a quotation or otherwise) and, to the extent that such exclusions of liability shall be permitted by law, the Company shall have no liability for any loss (including consequential loss), damage, costs or expenses (whether the same shall result from the negligence of the Company, its employees, agents, or others for whom it may in law be responsible or otherwise) which may be incurred by the Buyer.
The Company shall replace (or at its own discretion) repair free of charge any Products damaged in transit, provided that the company shall receive notification of such damage within twenty four hours of delivery, confirmed in writing within three days. The company shall; have no obligation in respect of products damaged in transit where the seller has arranged to transport.
Any proposed delivery date specified by the Company for the completion of the Contract is the Company’s considered estimate of the date on which the products will be delivered to the Buyer or the Contractual Services will be completed by the Company. The Company will make every reasonable endeavour to ensure that the Products are delivered to the Buyer or the Contractual Services duly completed on that date. Time shall not be of the essence with regard to delivery of the Products or the completion of the Contractual Services under the terms of the Contract. Save in so far as such exclusion of liability may be precluded by law from time to time, the Company shall have no liability (in contract, delict or otherwise) to the Buyer in respect of any loss, damage, costs or expenses (including consequential loss or damage, which may be incurred by the Buyer and which may arise from and delay in the delivery of the Products or the completion of the Contractual Services, and whether or not the said delay shall result from the negligence of the Company, its employees, agents or others for whom it may in law be responsible or otherwise. The Buyer shall not be entitled to refuse to accept delivery or take collection of the Products, or repudiate or cancel the Contractual Services as a result of any delay in delivery of the Products or in the completion of the Contractual Services. Late delivery or late completion shall not affect the obligations of the Buyer to pay the Price.
The price is based upon the costs of materials, labour, transport, overheads, insurance, taxes (other than Value Added Tax), or any other similar costs that are current at the date or earlier of the Company’s quotation and the Buyer’s order. The Price may be varied to take account of any reasonable increase in any such costs or charges which may occur before the Contract is fulfilled. In addition to the Price, the Buyer shall pay Value Added Tax at rate ruling at time of invoice.
The risk in the Products supplied shall pass to the Buyer at the time when such Products are either delivered to the address specified by the Buyer or are loaded on to the Buyer’s vehicle or onto the vehicle of any person acting for the Buyer.
The Company and the Buyer expressly agree that, until the Company has been paid in full for the Products comprised in the Contract or any other contract between them:
d. No action (whether in contract or in depict (including negligence) and regardless of form including arbitration
proceedings) arising out of the Contract or any other services of any kind supplied or to be supplied hereunder
may be brought by either party more than two years after the party concerned becomes aware of the facts
constituting the cause of the action.
e. The Buyer agrees that it is fair and reasonable for the Company to limit its liability hereunder and accordingly the Buyer agrees that, except as expressly set forth in this clause 13, all conditions or warranties expressed or implied, statutory or otherwise, are hereby excluded.
f. Save in respect of personal injury, the maximum liability of the Company under this contract is limited to the cost of the Products.
No indulgence or forbearance extended to the Buyer shall limit or prejudice any right or claim available to the Company.
The Company shall not be responsible or liable in any manner for any loss (direct, indirect or consequential) arising from an delay or default in the performance of any of the Company’s obligations under the Contract where such delay or default arises as a result of any circumstances beyond the control of the Company including (but without prejudice to the generality of the foregoing) war; industrial action, riot, malicious damage, fire, storm, flood, act of God, accident, non-availability or shortage of material or labour; failure by any subcontractor or supplier to perform, failure or production equipment, or any statute, rule, byelaw, order; regulation or requisition made or issued by any government department, local or other duly constituted authority.
If performance of the Contract shall be delayed by any such circumstances then the Company shall have the right to suspend further performance.
The Buyer shall not without the Company’s prior consent, assign or transfer or purport to assign to transfer the contract to any other person whatsoever.
Any quotation includes only such goods, materials and work as are specified therein. In the event of any material supplied by the Buyer being defective, the Buyer shall be responsible to the Company for all additional work occasioned by such defect.
The Contract shall in all respects be construed and operate as a Scottish Contract in conformity with Scottish Law. The Buyer agrees to prorogate the jurisdiction of the Court of Session and Perth Sheriff Court. The Contract shall be governed by Scots Law.
The Company reserve the right to change and update Products and installation methods in accordance with their policy of continual Product upgrade.
Goods returned by the buyer will be subject to a 25% restocking charge. All goods will be inspected for damage before any refund will be issued. All returned goods will have a delivery surcharge applied.