PREMIUM POWER UNITS LIMITED STANDARD CONDITIONS OF TRADING (U.K.)
1. In these conditions ‘P.P.U.’ means Premium Power Units Limited contracting under these Conditions and ‘Customer’ means the persons entering into the contract with P.P.U.
2. GENERAL The Acceptance of P.P.U.’s offer includes the acceptance of the following terms and conditions:—
3. LIMITS OF CONTRACT: (a) An offer shall include only such goods and work as specified therein. (b) The Customer shall not assign or transfer his rights under these conditions to any third party without prior written consent. (c) P.P.U. will make every endeavour to execute all orders at the price quoted at the time of the acceptance but reserves the right to increase prices to those ruling at the time of availability for despatch in the event of any increase in the cost of materials, labour or transport or of any other cost whether or not of the same nature as the foregoing.
4. AVAILABILITY: All electrical equipment and any other goods offered are subject to being unsold or withdrawn without notice.
5. VALIDITY: Written quotations, unless otherwise stated, shall be open for acceptance for a period of 30 days from the date thereof.
6. DELIVERY: On receipt of goods or equipment or upon the completion of any work the Customer shall immediately examine the same and in the event of any fault or defect therein shall forthwith furnish P.P.U. (and the Carrier, where any such fault or defect may have arisen in transit) with written notification thereof.
7. GUARANTEE: (a) Work Carried out on Customers Equipment. P.P.U. undertakes to take reasonable care of the Customer’s equipment while it is in its custody and will make good any loss or damage caused to the equipment through failure to exercise such care, limited to the value of such equipment. P.P.U. undertakes to use reasonable skill, care, and materials which to the best of its knowledge are of merchantable quality and free of defects. On carrying out any repair work P.P.U. will make good any defective workmanship or defective materials used by P.P.U. of which P.P.U. shall be notified in writing within a period of twelve months from the completion of the work on the Customer’s equipment, by repair, or at P.P.U.’s option, by the supply of a replacement item, alternatively, by the refund of any sum paid in respect of the specific work. (b) Sales (New Equipment) P.P.U. will make good, by repair or at P.P.U.’s option by the supply of a replacement item or refund of the purchase price, defects which appear within a period of twelve months after the goods were ready for despatch and arise solely from faulty design, materials or workman- ship (other than a design or specification made, furnished or specified by the Customer) and provided that the goods shall have been used strictly in accordance with the Maker’s specification. (c) Sales (Reconditioned Equipment). All rebuilt or reconditioned equipment supplied or sold by P.P.U. is guaranteed that, subject to fair and proper use it will remain in working order for twelve months, after goods were ready for despatch but in respect of Rectifier Bulbs, Electronic equipment and Capacitors the guarantee is for three months. (d) The Customer shall accept the rights conferred under section 7 paragraphs (a), (b) and (c) hereof in lieu of any statutory warranty or condition expressed or implied by law as to the quality, fitness or otherwise for any particular purpose of the goods, and save as provided in section 7. P.P.U. shall not be under any liability, (including liability for negligence of P.P.U.), its Servants or Agents, whether in contract, tort or otherwise in respect of defects in any goods or equipment supplied, or any services provided, or for any injury, damage or loss howsoever resulting from such defects or from any work done in connection therewith.
8. SALES (OTHER EQUIPMENT): Any other goods or equipment not sold or supplied as new, rebuilt or reconditioned must be deemed to have been inspected by the customer prior to the date of purchase (whether such inspection shall have taken place or not) and such goods or equipment are sold subject to any deficiencies, defects or imperfections they may have. P.P.U. does not warrant that the goods or equipment are in working order, fit for any particular purpose or of merchantable quality and all conditions and warranties whether imposed by statute or common law (other than Section 12 of the Sale of Goods Act 1893) are excluded, and any loss shall be entirely at the Customer’s risk and no claims in respect of any cause whatsoever will be accepted.
9. CLAIMS: In the event that the Customer shall within the period of any guarantee make any claim under section 7 hereof he shall give written notification to P.P.U. within seven days from the date of appearance of any fault or defect in the equipment, goods or parts thereof, and shall return the same to P.P.U.’s Works carriage paid. No claim will be accepted, and the guarantee will be totally invalidated by the Customer making, causing or allowing to be made any alterations or repairs to the electrical equipment, accessories and other goods supplied without P.P.U.‘s written consent first having been obtained.
10 CANCELLATIONS AND VARIATIONS: Orders accepted by P.P.U. cannot be cancelled or varied except with P.P.U.’s written consent. P.P.U. reserves the right to make charges to cover the cost incurred by P.P.U. at the date of cancellation or variation on the Customer’s part.
11. CANCELLATION BV P.P.U.: lf, owing to hostilities, whether war has been declared or not, Government restrictions, strikes, riot or civil commotion, difficulty or inability to obtain suitable raw materials, devaluation, major movements in international exchange rates, force majeure, or causes of any other nature beyond P.P.U.’s reasonable control, PRU. decides it to be unreasonable or uneconomical to deliver the whole or any pert of an order P.P.U. shall have the right (on giving notice in writing which notice shall be deemed to have been received by the Customer forty-eight hours after the same has been posted in a prepaid ordinary letter addressed to the Customer at its last known address) to cancel the order or any undelivered balance of the order and the Customer shell not be entitled to make any claim arising from such cancellation other than the refund without interest of any advance payment made or a reasonable proportion thereof in respect of the cancellation or part of such order as the case may be.
12. LIABILITY FOR DELAY: Delivery times where given will date from the Confirmation by P.P.U. of the order but will be approximately only, and no liability can be accepted for delay from any cause whatever, and under no circumstances shall delivery times be of the essence of the contract.
13. TERMS OF PAYMENT: (a) Where no other terms of payment have been specified, terms of payment are net cash in full within 30 days of the date of the Invoice. (b) Passing of 77t/e and Risk: Property in the goods which are the subject of the contract shall not pass to you until payment in full for the same has been received by us. The risk shall pass to you on delivery and, unless agreed in writing to the contrary, you will be responsible for insuring the goods thereafter. If prior to such payment in full being received you incorporate the goods into the other goods (“the New Goods”) we shall acquire part ownership in the New Goods in the proportion that monies outstanding from you to us bear to the cost of production of the New Goods and you shall hold the same proportion of any proceeds of sale or other disposition of the New Goods on trust for us. (c) In the event of the Customer failing to comply with P.P.U.’s terms of payment, P.P.U. reserves the right without notice to discontinue forthwith the provision to the Customer of any further goods or services.
14. ARBITRATION: All questions or differences whatsoever which shall at any time hereafter arise between P.P.U. and the Customer concerning the rights, duties or liabilities of either party hereunder shall be referred to a single arbitrator to be appointed by the President of the Law Society, in accordance with and subject to the provisions of the Arbitration (Scotland) Act 1894 and Acts amending the same.
15. A customer shall be bound by these conditions except to the extent to which they may be expressly varied by the written consent of P.P.U. No other conditions or terms whatsoever, whether oral or written, regardless of the date or dates upon which they were sent or exhibited by the Customer, whether prior to or in the course of the transaction, shall be deemed to affect or vary these conditions.
16. LEGAL CONSTRUCTION: Unless otherwise agreed in writing the contract shall in all respects be construed and operate as a Scottish contract and in conformity with Scottish law.