1. Application of terms
All orders accepted by Enco Ltd (“Enco”) are subject to the following conditions. Any variations shall have no effect unless expressly accepted in writing by a director of Enco.
Unless otherwise specified, quotations are open for acceptance within 45 calendar days of their date and are subject to confirmation at the time of order placement.
The delivery period stated in our quotation is subject to receipt of instructions, drawings and all other information necessary to enable us to proceed to manufacture Goods and/or execution Work as appropriate.
4. Risk and title
Goods are at the purchaser’s risk from the time of delivery. Title shall transfer to purchaser once full payment has been received by Enco.
5. Terms of payment
The Price is specified in Enco’s quotation and shall be payable as specified therein within 30 days of invoice. No payment shall be deemed to be completed until funds have been cleared in our bank.
Goods and services shall be provided using reasonable skill and care. Enco warrant the goods against any defects in workmanship design or materials for a period of 12 months from the date of delivery. Any defects must be notified to Enco who will remedy any defect by repair or replacement at their expense. The obligation under this clause shall be Enco’s sole liability for the said defect.
7. Intellectual Property Rights
7.1 Purchaser shall indemnify Enco against all claims, damages, costs and expenses arising from claims resulting from purchaser specified or supplied goods or designs.
7.2 Enco will indemnify Purchaser against any third-party claims that goods supplied by Enco infringe their intellectual property rights.
Unless otherwise agreed all data provided to Enco shall be treated as confidential and shall only be used for the purpose of producing quotations and in for the execution of any resultant purchase order.
(i) Termination due to supplier default. Purchaser shall afford Enco the opportunity to remedy any default within a reasonable time and may only terminate the order if Enco Ltd has failed to remedy a default within a reasonable time. In this event, Enco shall be entitled to receive payment for works already completed at the time of termination.
(ii) Termination for purchaser’s convenience. Enco shall have the right to recover all costs/charges and expenses incurred up to the date of termination and all costs/charges and expenses arising from the termination for purchaser’s convenience including loss of earnings and profit.
10. Force Majeure
Neither purchaser or Enco shall be liable for failure to perform any obligation under the contract if the failure is the result of a force majeure event. Such events include but are not limited to strikes, lock-out, fire, flood, explosion, acts of war, industrial action and any other circumstance beyond the control of either party.
11. Limitation of liability
11.1 Even if foreseeable or within the contemplation of the parties Enco shall not be liable whether by way of indemnity, breach of contract, tort (including negligence) breach of statutory duty or otherwise for any loss of profit or revenue, loss of use, loss of production, loss of contracts or for any financial or economic loss or for any indirect or consequential loss or damage of any kind whatsoever.
11.2 Except for personal injury or death resulting from its negligence, in no event shall Enco’s maximum aggregate liability exceed the purchase order price.
12. Applicable Law and disputes
12.1 This contract shall in all respects be construed and operate in accordance with English law.
12.2 If the event of any question, difference or dispute arises in connection with the Contract, either party may give the other written notice of the existence of such question, dispute or difference. If the parties are unable to resolve the dispute within 30 days of such notice, the dispute shall be referred to arbitration by a person to be appointed upon application by either party to the President for the time being of the Chartered Institute of Arbitrators.
Additional Terms applicable where on site installation work is involved.
13 “Site” means the place or places where installation work is to be carried out.
14. Warranty means 12 (twelve) calendar months from the date of Completion of the Installation.
15.1 Enco shall be allowed free and unhindered access to site for the purposes of performing the Contract.
15.2 Unless specific arrangements are made to the contrary, Enco shall be provided all materials, power, power tools, tackle and apparatus necessary to perform its obligations at no cost to Enco.
16. Disposal of waste site during and after installation. Unless stated in the quotation or otherwise agreed, the removal and disposal of waste and disconnected materials shall be the responsibility of the purchaser. The removal, containment and making safe of any asbestos is also fully the responsibility of the purchaser / purchaser’s client who shall maintain all controls and records for this material prior to commencement of any site works by Enco or associated personnel.
17. Enco shall observe all applicable laws, regulations, industry good practice and instructions issued by purchaser or their client as appropriate regarding safety on the Site.
18. Workmanship and materials. The installation work to be carried out shall be to the standard specified in the Contract or, where none is specified, comparable with the quality of work to be expected from a supplier with similar experience of comparable installation work.
19. Labour. Enco shall provide such suitably qualified, experienced and competent personnel as are required to ensure the completion of the installation.
20. Risk and responsibility. Enco shall be responsible for the care of and risk of any loss of or damage to the installation occurring before completion of our work. Any such loss of or damage to the Goods which occurs before Completion shall be made good by us at our expense as soon as reasonably practicable.
21. Insurance. Enco shall hold and maintain for the duration of the contract insurance against liability to third parties for any death or personal injury and loss of or damage to any physical property arising out of or in connection with the performance of the Contract.
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