Conditions of Business
The following conditions apply to the sale, loan, hire or repair of goods supplied or provision of services made by Stream Environmental, hereinafter called "the Company". These conditions supersede any earlier conditions of the Company and apply to all contracts and override all conditions stipulated by the Buyer and any other agreements between the parties relating to the subject matter hereof are hereby terminated. No alteration or addition to nor exclusion of, any part of these conditions shall be applicable unless made in writing by an authorised person.
The word "Buyer" shall include Buyer, borrower, hirer, lessee, owner or any other person who is in charge of the goods. The word "goods" shall include both products and services which are supplied, serviced, repaired, loaned, and hired by the Company. The "Company" shall include trading names of Stream Environmental.
3. Prices and Terms of Payment
Charges for goods or services supplied shall be paid in full on or before delivery or completion of works unless the Buyer has a specific authorised agreement or an account with the Company. Where the Buyer has an account, payment shall be made by the 20th of the month following month of invoice. If payment is delayed the Company reserves the right to charge interest on monies outstanding at a rate of 1.5% per month or part month. The Company may close the Buyer's account at any time at its discretion.
4. Collection of Account
In the event of an account being overdue, the Buyer shall be responsible to indemnify the Company for costs incurred in collecting any outstanding amounts, including charges payable to debt collectors, solicitors etc. on a full indemnity basis. This includes the cost of legal action against the Buyer in order to obtain payment of outstanding accounts, the Buyer is responsible to pay the Company for any bank or other charges incurred on unpaid or returned cheques.
Any time named by the Company is an estimate only and while every effort will be made by the Company to deliver on time, the Company will not be liable for any delay. Claims for damage in transit or shortages shall be made in writing within 7 days of receipt of goods. Claims for non-delivery shall be made in writing within 30 days of despatch of goods.
Notwithstanding physical delivery, the property in the goods shall pass to the Buyer only when payment for them has been made in full by the Buyer. Notwithstanding this condition, the risk in the goods shall pass to the Buyer when delivery is made. The Company reserves the right to repossess the goods to which it has title hereunder and for this purpose the Buyer hereby grants an irrevocable right and license to the Company's servants and agents to enter on all or any of the premises, with such transport and/or equipment as it may be necessary to dismantle and remove the goods at any reasonable time. Nothing in this condition shall confer any right upon the Buyer to return the goods sold hereunder or delay payment therefore unless otherwise agreed.
7. Directors Guarantee
Where the Company contracts with a limited company, limited liability partnership, or other entity, whether domiciled within the UK or not, the directors, officers and owners of that entity accept full, joint and several liability for all responsibilities of that entity.
8. Specification of goods: Defects
It is the responsibility of the Buyer to examine the goods for defects in materials and/or workmanship which are likely to cause damage, injury or loss. Illustrations, description weights and measurements are to be taken as being indicative only and are not binding in detail. The Company deserves the right without notice and without affecting the validity of the contract, to make such changes in the materials, dimensions and design as are reasonable or desirable. It is the Buyer's responsibility to ascertain that the goods supplied meet the specification required for the intended use.
Where installation or commissioning of the goods is not done by the Company, the party installing or commissioning the goods must be competent to undertake such works, and must follow the instructions supplied with the goods and the general good practice and the procedures set out in the Company's directives which are available on request. Failure to follow such instructions will invalidate the company's liability for damage.
10. Advice, Information and Opinion
Advice, information or opinion given by any employee or agent of the company is given in good faith without liability, unless specifically requested as part of, or a fundamental term of contract, and is given in writing; it shall in any case be subject to the accuracy of information provided by the Buyer and/or his agents. Any recommendation or suggestion relating to the use of the goods made by the Company either in technical literature or in specific inquiry is given in good faith; but it is for the Buyer to satisfy himself as to the suitability of the goods for his particular purpose, and he shall be deemed to have done so.
11. Health and Safety
The Buyer undertakes for the purposes of Health and Safety at Work Act, etc. 1974, that it will take all necessary steps to ensure so far as is practically possible that the goods will be safe and without risk to health when properly used and acknowledges that responsibility for compliance with any applicable health and safety and fire regulations upon the assembly and installation of the goods shall lie entirely with the Buyer.
12. Limit of Liability
The Company shall not be liable for any damage or injury caused by its goods and workmanship, beyond replacement of the goods and or work on verification of the Buyer's complaint. The liability of the Company shall not exceed the net invoiced value of the goods nor shall it include consequential damage. The Company shall not be liable for any consequential loss caused by any failure or delay in servicing, repairing or supplying goods or equipment howsoever caused, whether the loss arises from the actions or omissions of the company.
Guarantees given shall not be applicable outside mainland U.K. unless expressly stated otherwise by the Company in writing. Where the Buyer has transferred the goods to an alternative location he shall bear all reasonable costs associated with fulfilling the guarantee at that location. Any guarantee given will be invalidated by the Company if goods are subject to misuse or accident after the Buyer has taken delivery.
14. Governing Law
Any contracts between the Buyer and Company shall be construed in accordance with the Law of England. The Buyer agrees to submit to the jurisdiction of the courts of Law in England thereof.
Stream Environmental 100-102 Headstone Road, Harrow, Middx HA1 1PF United Kingdom