Terms & Conditions

Amcor Spares Terms and Conditions of Sale

GENERAL

These terms and conditions are incorporated into and form part of the contract between us and our customers. All the terms of the contract between us and our customer are set out in our estimate/quotation and in these terms and conditions and all other terms whether or not agreed or offered and all representations or collateral warranties made orally or in correspondence or otherwise are hereby cancelled and excluded save to the extent that the same are written or printed on the face hereof or in these terms and conditions. Incorrectly ordered parts are not returnable and no refund shall be given for an incorrectly ordered part.

 

LIMITS ON LIABILITY

All implied conditions, warranties or guarantees implied by the statute, common law or otherwise are hereby excluded and in place thereof we will undertake to repair or if necessary replace free of charge any materials or work as hereinafter set out.

 

WARRANTY

The goods sold under this contract shall carry the benefit of one of the following warranties as stated in any quotation.

We warrant to our customer (the original buyer) in respect of goods including cabinets with sealed systems supplied by us or our authorised distributors that from the date of delivery or completion of installation or the due date for completion of installation where completion of is delayed by the reason of the fault of the customer.

For a period of one year we will free of charge, replace or repair any parts thereof proved to our satisfaction to be defective owing to faults in workmanship or materials.

For a period of one year we will, free of charge, carry out such service adjustments as we deem necessary. Our ruling as to what shall constitute “service adjustments” for this purpose shall be final and binding on our customer.

Warranty is applicable to equipment being fully paid for in accordance with the terms of supply.

 

GENERAL CONDITIONS AND EXCLUSIONS

None of the above warranties shall apply to

Any defect which in our opinion arises by reason of misuse, misapplication, neglect or accident on the part of the customer.

Any defect not within three days of the discovery of the same notified to us or authorised distributors

Any refrigerating equipment which shall in our opinion have been improperly installed, serviced, altered or repaired by anyone other than us or a service agent approved by us, or in or to which any part not manufactured or sold by us is fitted.

Goods not of our manufacture, in which case our customer is entitled only to such benefit as we may receive under any given in respect thereof. The company reserves the right to charge to the customer any labour charges incurred by the company.

Any equipment upon which service has been carried out by anyone other than us or a service agent approved by us.

Any hermetically sealed compressors installed on a vehicle either for the purpose of refrigerating the whole vehicle and its load or for refrigerating a cabinet of any kind.

Any refrigerated equipment installed outside of Great Britain, Isle of Man, Northern Ireland, Eire and the channel islands.

Any equipment which has not been maintained in accordance with the manufacturers recommendations we reserve the right to request evidence of a maintenance contract at the time of any warranty claim.

Save as aforesaid and save where otherwise expressly stated herein or on the face hereof we give no warranty of guarantee and do not promise or undertake any obligation as a condition warranty or any other term of the contract or otherwise.

 

CONSEQUENTIAL LOSS

Save insofar as expressly stated herein or on the face hereof neither we nor our servants or agents shall be liable for any loss or damage, whether direct or indirect consequential or otherwise, or injury (save in respect of death or personal injury) or delay whatsoever, howsoever the same (namely loss, damage, injury or delay) may be caused whether by our negligence or the negligence of our servants or agents or otherwise and whether in performance of this contract or otherwise. In no circumstances shall our customer be entitled to recover damages whether direct, indirect consequential or otherwise from the company, our servants or agents. The customer will indemnify us against any liability to third parties in respect of loss, injury or damage occurring as aforesaid and arising out of, either directly or indirectly, this contract.

 

ADDITIONS AND VARIATIONS OF WORK

Orders for work to be done by way of addition to or variation of work for which we have contracted shall, unless the price for the same shall have been agreed in writing beforehand be charged at our standard day work rates for the time being in force and percentage additions for labour, materials and plant used and will be undertaken upon the same conditions as those applicable to the original work contracted for. Where no facilities are available for signature of work sheets at the work site the unsigned work sheets shall be conclusive as to the work spent recorded therein.

 

SPECIFICATIONS AND DRAWINGS

Unless otherwise agreed in writing all description specifications such as drawings and particulars of weights and dimensions furnished by us are to be deemed approximate only and the illustrations contained in such documents are intended to present a general idea of the product dealt with and not to form any part of a contract. Any technical drawings, prints and specifications supplied by us to the customer under or in connection with any quotation or contract shall remain our property. Our customer shall not copy them without our consent and shall comply with our reasonable requirements as to their use, return and otherwise.

 

PATENT

In the event of any claim being made or action being brought against our customer in respect of infringement of letters patent, registered design, trademark or copyright or other industrial property right relating to goods by the use or sale of any article or materials supplied by us to our customer our customer shall make no admission in respect thereof and shall notify us immediately and we shall be at liberty, with our customers assistance if required, and at our own expense, to conduct all negotiations for the settlement of the same or any litigation that may arise there from, subject to such negotiation and provided that no such goods or any part thereof shall be used for any purpose other than that for which they were supplied by us to the customer. Such notice as is required herein of any such claim must be given in writing to us by our customer within seven days of the receipt thereof by our customer. Save as aforesaid we give no indemnity in respect of any actual or alleged infringement of the letters patent, registered design, trademark or copyright or any other industrial property right relating to goods.

 

TRADE NAMES AND TRADEMARKS

Our customer undertakes not to hold himself out in any circumstances or in any manner whatsoever as having authority to sell, service, maintain or deal with the goods as agent or dealer or as our authorised representative.

In particular and without prejudice to (a) our customer undertakes not to use or reproduce any trade name or registered trademark of his on goods premises, vehicles letter headings and other stationary, sales literature or in any way whatsoever and not to do or authorise to be done any other act to which section 6(ii) of the trademarks act 1938 apply.

Our customer’s undertakings under this clause are conditions of this contract so that any breach thereof shall entitle the seller to terminate the contract and to recover damages in respect of all loss damage and expense occasioned thereby. We shall, at our option be entitled to recover the profit made by our customer during the period of the breach from sales, servicing maintenance and other dealings with goods manufactured by us.

Notwithstanding clause 1 of these conditions no document purporting to authorise our customers to do any act which would otherwise be a breach of our customers undertakings under this clause or purporting to consent thereto on our behalf shall be binding on us unless it is a formal licence agreement bearing our corporate seal.

 

PERFORMANCES                

Any performance figures given by us are subject to the recognised tolerances and rejection limits applicable thereof.

 

WORKS TO BE DONE ON SITE

It is a condition of any contract entered into by us that our customer will at his own expense ensure that everything requisite to enable our programme of work to be carried out on site in the sequence planned by us can be so carried out without interruption and without prejudice to the generality of the foregoing we are to be provided with the following facilities for our work namely.

The site will be readily accessible to normal road transport at the date of delivery and throughout the installation.

In any event there shall be suitable access to and possession of the site, foundations ready to receive plant on delivery, adequate crane lifting tackle and scaffolding or handling facilities or labour in lieu thereof and all other reasonable facilities and assistance our representatives may deem necessary.

At all times when required adequate lighting and power and water supply.

Labour for assisting with unloading or moving heavy or bulky equipment

Full insurance against fire, storm, tempest lightning earthquake, aircraft or anything dropped there from, aerial objects, riot and civil commotion, burglary, theft and accidental or malicious damage to our materials, equipment, tools, other property and work done with suitable protection (and when requested by our site representatives a secure and enclosed space) for our materials, plant equipment, tools, instruments and other property.

A safe place in which our employees are to work. Where we are responsible for installation equipment it will be consigned to us c/o our customer who will take responsibility for safe custody until the arrival of our staff on site.

 

TESTING

We carefully inspect and test all equipment supplied but such inspection and test will only be carried out in the presence of our customer’s representative or consulting engineers where prior intimation of their desire to be present has been received. Where our customer request additional or special operation and efficiency tests (whether attended by his representative or not) which require the attendance of our engineer, a charge for such additional time at the appropriate rate will be made. In the event of a delay due to the customer or consulting engineer a charge for such additional time at the appropriate rate will be made. In the event of a delay on the part of the customer or consulting engineer in attending tests after receiving reasonable notice, tests will proceed in their absence and shall be deemed binding as if made in their presence. Our obligation to satisfy such tests shall be contingent on the customer proving our equipment or installation is not effected by any defect in any main installation.

 

DELAYS AND EXTRA WORK

If our work is delayed, suspended or varied or if we are required to carry out extra work or perform additional services (including working overtime or during unusual hours) on the instructions of our customer or his representative or because of any lack of instructions or any mistake for which we are not responsible or if the progress of our work is interrupted by a customer or his agents or servants then we reserve the right to make an extra charge. We reserve the right to refuse to carry out such extra work or perform such additional services unless the instructions of our customer or his representative have previously been confirmed to us in writing but the absence of written confirmation shall not invalidate our entitlement to payment therefore.