Terms and Conditions of Sale

HAWKER ELECTRONICS LIMITED GENERAL CONDITIONS OF SALE
The following conditions constitute a part of the agreement for all orders placed with the Company

1. GUARANTEE:  The Company’s liability for defective equipment is   limited to the making good of any defects in any component thereof, arising within the period of 12 months from the date on which the equipment was despatched by the Company to the Purchaser, which was completely manufactured by the Company to its own normal standard designs and specifications and which in the opinion of the Company arise solely as the result of faulty material or workmanship provided:- that such defective Component has been correctly used and that the rated working or test conditions have not been exceeded.
a) That such defective component is promptly returned to the Company at the Purchaser’s risk and expense. In the event of any component supplied by the Company being accepted as defective as aforesaid, the liability of the Company shall in all cases be limited to the free replacement or repair of such defective component.
b)Save as aforesaid, any express or implied condition representation or warranty whether statutory or otherwise is hereby excluded after delivery to and acceptance by the Purchaser of any equipment or apparatus and the Company shall not be liable for any loss, damage, injury, delay, expense or consequential loss or damage howsoever arising from or in respect of any equipment or apparatus or the use thereof.
The Company shall not be liable for loss, damage, detention or delay caused by fire, strike, civil or military authority, insurrection, riot, or any other cause beyond its reasonable control. Acceptance of apparatus by the Purchaser shall constitute a wavier of all claims for delay.

2.  PRICES AND QUOTATIONS:  All prices and quotations are subject to change without notice, except that orders placed within 60 days of the quotation on which they are based and within 30 days of the effective date of any change in the price, shall be accepted at the prices originally quoted. The Company reserves the right to correct all typographical or clerical errors which may be present in the prices or specifications set out in any quotation acknowledgement or similar document. The price is exclusive of VAT which shall be due at the rate in force on the date of the seller’s invoice.

3.  INSPECTION:  The Company welcomes visual inspection by Purchasers of equipment completed and ready for despatch but unless expressly stipulated the prices quoted do not allow for functional tests being made in the presence of the Purchaser’s own representative and the Company, therefore reserves the right to make an additional charge for such functional tests as and when carried out by special arrangement.

4.  COMPANY’S EMPLOYEES ON PURCHASER’S PREMISES:  The Purchaser shall indemnify the Company in respect of all actions, costs, claims and demands whatsoever arising out of the death of, or injury to, any of the Company’s employees whilst such employees are in connection with the installation, testing operation or servicing of any equipment or apparatus supplied by the Company, in or about premises occupied by the Purchaser.

5.  DAMAGE AND LOSS IN TRANSIT:  When the price quoted includes delivery, the Company will repair or replace free of charge any equipment or apparatus damaged in transit, provided both the carriers and the Company receive written notification of such damage within three days of delivery, but not otherwise and provided further that the Company is given a reasonable opportunity to inspect the damaged goods. If any equipment or apparatus does not arrive within five days of the date of despatch the Purchaser must immediately advise the Company otherwise no responsibility will be accepted. Where apparatus is despatched by way of parcel post, the claim must be made if the apparatus is not delivered within three days from the date of despatch.

6.  SUITABILITY OF APPARATUS FOR PURCHASER’S REQUIREMENTS:  Although the individual items of apparatus specified in the Company’s list of products are, to the best of the Company’s knowledge suitable for the applications shown against each item in such list the Company can accept no liability if the apparatus ordered is in fact, unsuitable for the Purchaser’s particular requirements unless a full written description of the process in connection with which the apparatus is to be used or detailed drawings thereof are submitted to the Company with the order.
7.  INSTALLATION:  The Installation of all equipment or apparatus ordered from the Company is the sole responsibility of the Purchaser unless otherwise agreed in writing. The Company will, at its own discretion, without being under any obligation so to do, send an engineer to supervise the commissioning of the equipment or apparatus at the expense of the Purchaser. The Company cannot be held responsible for any loss, damage, defect, or injury of any kind whatsoever, arising as a result of faulty installation of the equipment or apparatus, its liability being limited in accordance with condition 1 hereof. If the Purchaser is not satisfied with the functioning of the equipment or apparatus or any part thereof, the Company is prepared at the sole expense of the Purchaser, to send an engineer to inspect the installation and advise on faults.

8. INSURANCE:  Public liability cover is for £2,000,000 for any one occurrence with no aggregate limit.

9.  DELIVERY PERIOD:  The delivery period commences from the receipt of the official order containing all information necessary for its execution. Every effort will be made to meet the agreed delivery date, but the Company does not accept any responsibility for any loss sustained through our failure to deliver.

10.  STORAGE:  If the Company does not receive forwarding instructions within seven days after the notification to the Purchaser that the equipment is ready for despatch, it will arrange for storage and insurance to the full value of the equipment. All expenses incurred will be charged to the Purchaser. The full value of the equipment will be invoiced at this time.

11.  GOODS INCORRECTLY ORDERED:  Subject to the Company’s agreement goods incorrectly ordered may be returned for credit within 2 months of receipt. A minimum handling charge of 10% will be made if goods are unused and in original condition.

12.  CANCELLATION:  The Company reserves the right to charge for all materials procured and all works carried out, up to the time of receipt of written notification of any cancellation.

13.  DRAWINGS:  Where drawings are supplied, these are provided free of charge for the first set. Extra copies can be provided but are chargeable. All drawings issued are believed to be correct, but the Company cannot accept responsibility for any loss incurred through errors contained within.

14.  OWNERSHIP OF GOODS & RISK OF LOSS:  The risk in the equipment shall pass to the Purchaser on delivery to the Purchaser or his Agent. The property in the equipment shall not pass to the Purchaser until the Company has received the full purchase price.

15.  TRACEABILITY:  To comply with ISO9000, traceability is available to the extent that records are kept of the Batch Numbers of all instruments and the name of the customer to whom they are supplied. If full traceability is required, this is available at extra cost.

16.  WEEE DIRECTIVE:  As the Company have no control over the Purchaser’s final use of the sold equipment, we are unable to accept the end of life return for disposal of any purchased equipment unless Purchasers at time of placing original order request the Company to agree to any returns. If such a request is made a financial charge will be made by the Company to the Purchaser at the time an order is placed and accepted. This cost will enable the Company to finance the future collection, treatment, recovery and environmentally safe disposal of equipment according to relevant current statutory requirements.
   
   17.  CONDITIONS:  Acceptance of delivery of the Goods shall be deemed to 
   be conclusive evidence of the buyer’s acceptance of these conditions . 

   18.  PAYMENT:  Payment of the price and VAT shall be due 30 days end of 
   month after the date of the  invoice unless previously agreed.