Terms of Trading
Gaugemaster Controls Ltd - April 2018
- 1. General
- These terms and conditions are incorporated into all contracts for the supply of goods and services (‘Goods’) by Gaugemaster Controls Ltd. (‘the Supplier’) other than contracts specified in paragraph
- They supersede any previously issued Terms and Conditions of Supply.
- Where there is a separate written agreement, which has been signed by an authorised representative of the Supplier, the terms of that agreement will prevail over these terms and conditions.
- Goods supplied may differ in non-material respects from those advertised in the Supplier’s catalogue or other promotional material. Goods may be withdrawn from sale without prior notice.
- These terms and conditions will be interpreted in accordance with the Laws of England and Wales.
- 2. Price
- Subject to paragraph 2:2, the price payable for Goods shall be the total price specified in the Supplier’s current price list, less any discounts agreed in advance in writing by the Supplier and plus the applicable cost of packaging, postage and Delivery Charges. Prices and Delivery Charges are subject to change without notice.
- Discounts agreed by the Supplier as at the date of these terms and conditions shall continue to have effect for the remainder of the term of the relevant agreement.
- All prices are subject to VAT at the applicable rate.
- 3. Payment Terms
- For monthly credit accounts, unless otherwise agreed in writing by the Supplier all invoices are payable within thirty (30) days of invoice, in the currency of the invoice, drawn on a bank based in the UK or by such other method as is agreed in advance by the Supplier. An Early Settlement Discount of 3% is offered for goods paid for within seven days of invoice date, otherwise strictly 30 days net.
- Settlement discount will not be granted if there are any overdue invoices.
- Payment for non-credit accounts will be by Credit or Debit Card and a PCI compliant ‘repeat’ service will be used for Payment of Invoices.
- Failure to pay all amounts due by the due date may result in: a) withholding of further supplies including supplies in respect of which the customer has already made payment in full; and/or b) charging of interest on amounts outstanding at the rate of 5% above Royal Bank of Scotland base rate.
- Failed payment cheques returned by our bankers will incur a charge of £20.00 plus VAT.
- The Customer shall pay the Supplier any reasonable expenses incurred in the recovery of monies due, plus all legal and court costs incurred by the Supplier for the collection of any overdue accounts.
- 4. Credit Terms
- The Supplier may set and vary credit limits from time to time and withhold all further supplies if the customer exceeds such credit limit.
- 5. Delivery
- Orders for Goods are accepted by the Supplier subject to availability of stock and may be delivered in two or more instalments. Outstanding Goods will automatically be placed on a back-order system, unless otherwise requested when the order for the said Goods is placed. Back-ordered Goods will be despatched as they become available and at the discretion of the Supplier. No additional delivery charge or handling fee will be levied for back-orders to mainland U.K. destinations. Back-orders for non-U.K. mainland destinations will be retained only in special circumstances with subsequent shipments attracting delivery charges at cost.
- Delivery will be made to the address specified on the order by the customer or its agent, or to a carrier designated by the customer.
- Orders for delivery to mainland U.K. business addresses above a net goods value of £150.00 (GBP) will not attract handling or delivery charges.
- All orders below a goods value of £150.00 net will be subject to a £4.95 small orders handling charge.
- Export carriage is at cost; this includes Ireland (Eire), The Channel Islands, Northern Ireland, The Isle of Man and any other non-U.K. mainland area.
- Consignments will be shipped using a carrier of our choice unless otherwise requested.
- Invoices, statements and other correspondence will be delivered electronically (email) unless otherwise arranged.
- The Supplier has no liability for any loss of trade or profit to the customer as a result of delay in delivery or delivery of incorrect or faulty goods.
- The supplier will not be liable for any import duty or local taxes that may be incurred by the customer.
- 6. Title of Goods
- The Supplier will retain the title of Goods until all debts and liabilities owing to the Supplier by the Customer shall be discharged, whether or not such debts arose before or after the date of the order to which the Goods relate.
- The Customer further grants an irrevocable License to the Supplier to remove any goods supplied by the Supplier from the premises of the Customer up to a total value of all sums that may be owing to the Supplier. Upon removal, the property in such goods vests in the Supplier. All risk in the goods shall pass to the Customer on delivery to him, or any person on his behalf.
- 7. Cancellation/ Returned Goods
- Contracts and orders may only be cancelled/ returned by customers with our written sanction. Goods produced or ordered specially for customers may not be cancelled or returned.
- Goods will be returned at the trader’s expense unless otherwise agreed.
- Faulty goods will always be replaced unless not available, whereby they will be credited.
- Refunds will be given only where the Goods returned are in a condition fit for resale and there are no other amounts outstanding and due on the customer's credit account with the Supplier.
- A handling charge of 15% will be made against the credit of unauthorised returns.
- Where cancelled Goods affect minimum order values for promotions or handling charges, these promotional offers or handling charges may be withdrawn/ imposed as necessary.
- Faulty goods may only be returned if purchased directly from Gaugemaster Controls Ltd within the previous 24 months (updated 10/10/2020)
- Gaugemaster Controls Ltd must be notified of damages on delivery within 3 days of receipt, after which time claims may be rejected (updated 10/10/2020).
- All returns to Gaugemaster Controls Ltd must be accompanied by a returns number, the invoice number associated with their purchase and the reason for return. Goods returned without this information will not be processed for credit (updated 10/10/2020).
- 8. Supplier’s Liability
- The Supplier’s liability to the customer for negligence, breach of contract and statutory duty is limited to the cost of replacing the goods ordered. It is not intended that any contract between the Supplier and the customer for the supply of Goods should be enforceable by any third party.
- Any waiver by the Supplier of any of these terms and conditions shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term.
- Liability will not be accepted for shortages or damage in transit unless notification is made in writing within three business days of delivery.
- Where necessary the Supplier’s product numbers and order numbers must be provided as reference to any claim.
- 9. Data Protection
- Personal data supplied by customers will be used by the Supplier in accordance with the Supplier’s privacy policy that is available at www.gaugemaster.com/privacy.html or on request from the Supplier. Personal data may also be passed to debt collection businesses for the purpose of enabling the Supplier to collect debts owed by the customer.
- 10. Notices
- Notices sent by the customer must be sent by prepaid post to the Supplier's Customer Services Department at the address on the most recently delivered invoice. Such notices must state the customer’s business name and account number. Notices sent by the Supplier will be sent to the customer's last known address.
- 11. Acceptance
- The ordering of stock from the Supplier shall be deemed as acceptance and compliance with these terms of trading.
