- These conditions of sale form the entirety of the contract between Novatech
Measurements Limited (hereinafter called the Company) and the Purchaser.
No other condition may be varied, waived, altered or inserted without the
consent in writing of the Company.
- It is an implied term in all quotations and all order acknowledgements,
that all necessary specifications, instructions and information shall have
been supplied by the Purchaser by the date or dates prescribed in the order
acknowledgement, and if no dates are prescribed then forthwith upon confirmation
of the order by the Company. Delivery dates and prices may be adjusted
by the Company to allow for any delay in the supply of specifications,
instructions or information required from the Purchaser.
- The Purchaser will ensure that the goods as ordered are fit for the purpose
required. The goods are supplied without any guarantee or warranty save
that they are in accordance with the specification or description shown
in the order acknowledgement.
- The goods supplied by the Company are not, to the best of the Company's
information and belief, subject to any patent or other English industrial
property right prohibiting the manufacture or sale of the goods by the
Company. The Purchaser shall indemnify the Company against all other liability
for breach of patent or other industrial property rights arising from the
manufacturing or use of the goods: and the Purchaser warrants that no specification
or design supplied by the Purchaser is in breach of any patent or other
industrial property right.
- The Company shall not be liable for any delay arising from circumstances
beyond its control or which make it impractical for it to complete the
order in time or at all; and in particular, shall not be liable for the
consequences of war, civil disturbance, acts of government, acts of God,
industrial disputes or shortages of supplies or labour.
- The Company shall not be liable for any consequential or indirect losses
- Unless otherwise stated in the order acknowledgement, the price charged
shall be the price ruling at the date of despatch for each item supplied,
and if the goods, or any other part of the goods are purchased by the Company
at a price higher than the price ruling at the date of order acknowledgement,
the Company may adjust the price accordingly. Prices quoted in a currency
other than sterling may be increased by the Company to compensate for exchange
losses to the Company. Unless otherwise stated prices are quoted ex works.
- Except where a credit account has been opened for the Purchaser by the
Company, payment shall be made in advance against a pro-forma invoice.
- Payment of the invoice for approved credit sales must be made in full
within 28 days of the date shown on the invoice.
- If payment is not made within the time stipulated by clause 9 then interest
will be payable upon monies due and unpaid at the rate of 2% monthly (days
being calculated at 1/28th of the monthly rate).
- The property in goods shall not pass to the Purchaser unless and until
the Company has received full payment for the goods: and the Purchaser
shall ensure that all goods which remain the property of the Company shall
be kept separate from the property of the Purchaser and of any other person
and shall be identified as the property of the Company, and shall, if at
any time the Purchaser is in breach of any of the terms of the sale agreement,
be returned to the Company on demand, at the expense of the Purchaser.
The goods shall so long as they are the property of the Company, be insured
by the Purchaser, as trustee for the Company, for the full value of the
- The Company may deliver part orders and shall be paid the full price
of the parts delivered.
- The goods shall be shipped at the risk of the Purchaser. The Purchaser
shall within seven days after delivery inform the Company of any missing
or defective goods. Packing and insurance will be undertaken by the Company
at the risk and cost of the Purchaser.
- Goods sent by the Purchaser to the Company shall remain at the risk of
the Purchaser, even though in the possession of the Company, so long as
they are the property of the Purchaser.
- Payment shall be due when the Company is able and willing to deliver
the goods, notwithstanding that the Purchaser may refuse or defer delivery;
and such goods shall, so long as they are held by or on behalf of the Company
be stored at the risk and cost of the Purchaser. The Company may at its
discretion, 14 days after giving notice to the Purchaser of the intention
to do so, dispose of the whole or any part of the goods and set off the
proceeds of disposal, if any, against any liability of the Purchaser to
- Contracts may not be cancelled by the Purchaser without the written consent
of the Company. The Purchaser will be liable for all costs incurred by
the Company in connection with the cancelled contract.
- The Purchaser shall ensure that all specifications, drawings, samples
and other materials whatsoever supplied by the Company are used only for
the purpose supplied and are returned to the Company on demand.
- The contract shall be governed by English law, and, unless the Company
elects otherwise, all proceedings arising from the contract shall be determined
by the courts of England.
- Either party may communicate with the other by letter, telegram, cable
or telefax addressed to the last known address of the other party; and
letters sent by first class post (air mail if appropriate) shall be deemed
duly delivered on the third day, after and including the day of posting.
Communications received on Saturdays, Sundays or public holidays shall
be deemed to be received on the next normal working day.
All standard products manufactured by Novatech Measurements
Limited (Novatech) are warranted against defective materials or workmanship
for a period of 2 years from the date of despatch from our works. Products
using special techniques may have a shorter warranty period.
Warranty repair or replacement of defective units is only authorised
following our factory inspection. Delivery of defective units to our factory
is the responsibility of the client.
Novatech's warranty does not apply to defects arising from
actions such as mishandling, improper installation, neglect, abuse or unauthorised
Warranty is void if the equipment is tampered with by unauthorised
personnel attempting to effect repairs or modifications.
No other warranties are implied. Novatech will not be liable
for any consequential damages.