Terms & Conditions
Terms and Conditions of Sale
“Buyer” means any person, firm or company who accepts a quotation of the Seller for the Sale of Goods, or whose order for the Goods is accepted by the Seller.
“Goods” means the goods (including any instalment of the goods or any parts for them), which the seller is to supply in accordance with these conditions
“Seller” means Kuranda UK Limited
“Conditions” means the standard terms and conditions of sale set out in this document and, unless the context otherwise requires, includes any special terms and conditions agreed in writing between the Buyer and the Seller.
“Contract” means the contract for the purchase and sale of the goods
2. Basis of the Sale
2.1 The conditions shall, unless they are expressly amended, be deemed to be incorporated into all contracts made by the seller, and all goods supplied by the Seller, shall be deemed to be carried out pursuant of the Contract incorporating these Conditions and shall prevail, notwithstanding any printed or other conditions contained or referred to in any purchase order to other document prepared by, or on behalf of, the buyer.
2.2 No other agreement, representation, promise, undertaking or understanding of any kind, unless expressly confirmed in writing by the Seller shall add to, vary or waive any of the conditions.
3.1 The Seller will be under no liability for any order received until the order is accepted by the Seller in writing
3.2 The Buyer shall be responsible to the Seller ensuring that accuracy of the terms of any order, including any applicable specification submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.3 No order which has been accepted by the Seller may be cancelled by the Buyer, except with the agreement in writing of the Seller on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
4.1 The price of the Goods shall be the Seller’s quoted price, or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list, current at the date of acceptance of the order. All prices quoted are valid for 30 days from the date of issue, or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
4.2 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in costs to the Seller which is due to any factor beyond the control of the Seller, any changes in delivery dates, quantities or specifications for the Goods which is requested by the Buyer or any delay caused by instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
4.3 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices for the Goods are given by the Seller on an ex-works basis, and where the Seller agrees to deliver the Goods other than at the Sellers premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.
4.4 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
5.1 The Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer, or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or, (as the case may be) the Seller has tendered delivery of the Goods
5.2 Payment shall be made at the invoice price without deduction within 30 days of the date of invoice and the Seller shall be entitled to recover the price, notwithstanding that delivery of the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts will be issued only upon request.
5.3 Failure by the Buyer to pay in accordance with the provisions of this clause shall entitle the Seller, without prejudice to its right to damages, to suspend any outstanding deliveries or to cancel the Contract.
5.4 In addition to the Seller’s rights under the sub-clause 5.3, the Seller shall be entitled to charge interest on any amounts outstanding (both before and after payment) at the rate of 4 per cent above the Royal Bank of Scotland PLC bank base rate for the time being in force.
6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
6.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.
6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.4 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.5 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any clause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller the Seller may:
6.5.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and the Buyer shall reimburse the Seller without delay: or
6.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price, under the Contract or charge the Buyer for any shortfall below the price under the Contract
7. Risk and Property
7.1 The risk in the Goods passes to the Buyer on delivery ex works.
7.2 Until the Seller has paid in full for the Goods supplied to the Buyer under this, or any other contract between them notwithstanding delivery and the passing of risk, the Seller shall retain legal and beneficial title to the Goods supplied and the Buyer shall keep the Goods (whether by its servants, agents or sub-bailee or otherwise) as fiduciary bailee for the Seller and the relationship of Bailor and Bailee is created between the Seller and the Buyer.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured for an amount at least equal to the price of the Goods and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of it’s business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds from any moneys or property of the Buyer and third parties and in the case of tangible proceeds, properly stored, protected and insured.
7.4 The Seller shall be entitled to trace the proceeds of any sale of goods owned by the Seller and any insurance proceeds received in respect of goods owned by the Seller. Such proceeds shall be paid into a separate bank account and shall be held by the Buyer on trust for the Seller.
7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to immediately deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the Goods.
7.6 The Buyer shall not be entitled to pledge or in any way change by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all money’s owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
7.7 If the Buyer enters into or does anything to enter into an agreement with its creditors, liquidation, receivership, administrative receivership or administration, it shall give immediate written notice to the Seller and shall automatically surrender possession of the Goods to the Seller. The Seller shall then be at liberty to resell the Goods so recovered and any part thereof.
8. Warranties and Exclusions
8.1 Subject to conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 12 months from delivery whichever is the first to expire.
8.2 The above warranty is given by the Seller subject to the following conditions
8.2.1 The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer.
8.2.2 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, accidental or wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval, incorrect connection to a Power Supply.
8.2.3 The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
8.2.4 The above warranty does not extend to batteries or generating sets, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
8.3 Save as aforesaid and subject to section 6 of the Unfair Contract Terms Act 1977 and Section 7 of the Consumer Protection Act 1987 and with the exception of those implied by section 12 of the Sale of Goods Act 1979 all conditions and warranties whether express or implied by Statute of Common Law and whether oral or written are (unless specifically confirmed by the Company in writing) excluded and negatived.
8.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Buyer are not affected by these Conditions.
8.5 Any claim by the Buyer which is based on any defect in the quality or conditions of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller with 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
8.6 Where any valid claim in respect of the Goods which is based on any defect in quality or condition of the Goods or their failure to meet specification is notified by the Seller in accordance with these conditions, the Seller shall be entitled to repair or replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
8.7 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
8.8 The Goods are supplied with a separate warranty statement for the benefit of the ultimate purchasers of the Goods. In the event of there being any inconsistency between the terms of these Conditions and the warranty statement, these Conditions shall prevail.
9. Force Majeure
The Seller shall be under no liability for any delay or failure to perform in the event that the manufacturer supply or delivery of the Goods is prevented or delayed by any act or circumstance beyond the Seller’s reasonable control including but not limited to Act of God, legislation, war, dire, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a trade dispute or owing any inability to procure materials required for their performance of the contract.
10. Health and Safety
10.1 The Buyer shall read all relevant information and advice which the Seller may make available to the Buyer, in particular, the operating instructions and safety notes relating to the Goods and all relevant booklets or guidance issued by the Health and Safety Executive and the Buyer shall ensure that the Products are used in accordance with all such information, advice instructions, notes and booklets.
10.2 In the event of the Buyer selling or hiring the Goods or disposing of the Goods on hire purchase the Buyer shall ensure that copies of the operating instructions and safety notes provided by the Seller relating to the Goods in question are made freely available to the Buyer’s customers together with any relevant booklets or guidance issued by the Health and Safety Executive.
11.1 Any indulgence granted by the Seller to the Buyer and any failure by the Seller to insist upon strict performance of these Conditions shall not be deemed a waiver of any of the Seller’s rights or remedies nor be deemed a waiver of any subsequent default by the Buyer.
11.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be made in writing addressed to that other party at its Registered Office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
11.3 The Contract is not assignable by the Buyer without the written consent of the Seller and is between the Seller and the Buyer as principals but the Seller may without consent assign or sub-contract all or any of its rights and obligations hereunder.
11.4 If any of the events referred to in Clause 7.7 occur or if the Buyer makes default in or commits a breach of the contract the Seller may forthwith on written notice to the Buyer terminate the Contract without incurring liability to the Buyer and without prejudice to the Seller’s rights which may have accrued up to the date of termination.
12. Governing Law
The Contract shall be governed by the laws of England and both parties hereby agree to submit to the non-exclusive jurisdiction of the English Courts.
Cancellation of Orders and Goods Returned for Credit
In accordance with item 3.3 of our standard terms and conditions of sale, the following charges will be applied to cancelled orders or goods returned for credit at our discretion, for standard product items.
The cancellation/restocking fee is 15% of the invoice value, minimum charge £50.00
Also, all additional costs such as delivery will be recovered.
In the case of returned goods, authorisation should be sought by Kuranda UK Limited prior to the return of goods to our works.
For non-standard goods, charges will be made in accordance with 3.3 of our standard terms and conditions of sale, evaluated on the basis of each specific case.
Warranty Terms and Conditions
1. Subject to the Conditions set out below Kuranda UK Limited warrants that the goods will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 12 months from delivery, whichever is the first to expire. If a defect or fault arises within this period Kuranda UK Limited shall repair replace or otherwise rectify the fault or defect without charge for parts and labour in accordance with these warranty terms.
2. The above warranty is given by Kuranda UK Limited subject to the following conditions:
2.1 Kuranda UK Limited shall be under no liability in respect of any defect arising from fair wear and tear, accidental or wilful damage, negligence, abnormal working conditions, failure to follow Kuranda UK Limited instructions (whether oral or in writing), misuse or alteration or repair of Kuranda UK Limited Goods, or without approval from Kuranda UK Limited, or incorrect connection to a power supply.
2.2 The above warranty does not extend to batteries or generating sets which may be subject to a warranty or guarantee is given by the manufacturer concerned.
3. In the event of a defect occurring in the Goods, the following procedure should be followed.
3.1 Make note of the serial number, type and model of the item
3.2 Contact the authorised Kuranda UK Limited dealer from whom the product was purchased and advise them of the information contained in 3.1 above, together with details of the fault. If it is not possible to contact the authorised dealer from who the goods were purchased, contact the nearest authorised dealer as published in the Kuranda UK Limited national dealer list which is available upon request. In the event that this is not possible, contact should be made with Kuranda UK Limited direct.
3.3 Any claim under this warranty must be notified to the appropriate authorised Kuranda UK dealer or Kuranda UK within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.
3.4 In the event that the customer has a valid claim under this warranty a service reference number will be issued together with the authorisation to proceed with the repair or replacement of the unit or part or parts.
3.5 Where the return of goods or parts is necessary the carrier should be agreed with the authorised Kuranda UK dealer or Kuranda UK before despatch and they should be adequately packed to avoid damage in transit. The costs of carriage to and from the authorised Kuranda UK dealer, Kuranda UK Limited or the manufacturer, as the case may be, shall be the responsibility of the customer. Do not return goods without a service reference number. Do not return goods by any method or carrier other than agreed with Kuranda UK prior to their despatch. If these conditions are not observed then Kuranda UK reserves the right to return the goods without repair and/or not to refund the carriage costs.
3.6 It may be agreed that an engineer should attend the installation. The cost of the engineer’s time and expenses are not covered by the above warranty. The engineer’s time will be charged at the rates applicable from time to time and expenses will be charged at cost.
4. The warranty is limited to the value of the goods covered by the warranty.
5. These warranty terms apply only to goods purchased within the United Kingdom, the Channel Islands, the Isle of Man and Eire.
6. The warranty shall operate only for the benefit of the ultimate purchaser of new goods. It is not transferable or assignable
7. If there is any inconsistency between these warranty terms and Kuranda UK Limited’s conditions of sale then Kuranda UK Limited conditions of sale shall prevail.
8. These warranty terms do not affect your statutory rights.