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Terms & Conditions

Cook Fire part of Cook Fire & Security Ltd TERMS AND CONDITIONS OF SALE

1 GENERAL

1 1 Your acceptance of our offer and acceptance of services or delivery of the goods includes the acceptance of these conditions of sale which can only be varied expressly and by mutual agreement in writing, signed by or on behalf of a Director. Any waive or waivers by us of anyone or more of these conditions does not constitute d permanent waiver of any condition so waived, nor a general waiver of these conditions as a whole If your order incorporates conditions which conflict with these conditions, those of your conditions which do conflict shall not take effect unless we expressly agree to them in writing signed by one or more of our directors.

2 CARRIAGE AND PACKING

2 1 U K orders, from customers in the U K., will be consigned in standard packing by road, carriage paid
On all orders other than U K orders, carriage and packing costs to U.K. port. airport and inland groupage depot will be charged to those orders under the minimum value stipulated in the current price list. When goods are despatched by other means 0 where non-standard packing is requested by the customer. an extra charge will be made.

3 LOSS OR DAMAGE IN TRANSIT

3 1 We will replace or repair free of charge goods proved to our satisfaction to have been lost or damaged in transit provided both the carrier and ourselves are advised otherwise than upon carriers’ documents within 21 days of issue of advice note or invoice in case of non delivery or within three days of delivery in case of damaged goods.

4 OFFER

4 1 Unless previously withdrawn or otherwise agreed in writing out offer is open for acceptance for the period stated in the quotation or within thirty days from the date on our quotation if no period is stated in the quotation Oral representations do not constitute part of our offer and liability for them is excluded Except when incorporated in Our offer by specific reference all specifications. drawings, particulars of weights, shapes, descriptions and illustrations, price lists and other advertising matter accompanying our offer are intended only to present a general idea of the goods described therein
4 2 Unless otherwise agreed in writing we reserve the right to deliver goods or provide services of a modified design provided that any differences do not make the goods unsuitable for any purpose you have made known to us Dimensions stipulated by you will be observed as nearly as possible but deviations there from not adversely affecting the goods to any material extent shall not affect the contract nor entitle you to cancel the same Where you stipulate specific materials we reserve the right to substitute other equivalent materials at our discretion
4 3 The price quoted is for the stipulated quantities only and must not be taken to apply to an order for any lesser quantities
4 4 If you require any alteration or modification in specifications, drawings or designs. or any development of the goods, we will make a reasonable extra charge to cover the cost of same.

5 ACCEPTANCE AND CANCELLATION

5 1 Your acceptance of our offer must be unless the offer is previously withdrawn or otherwise agreed iii writing by written order and must be received by us within the period stated in our quotation or if no period is stated within thirty days of the dare on our quotation and accompanied by sufficient pertinent information including delivery instructions
5 2 If you cancel the whole or any part of an order we reserve the right without prejudice to any other rights we may been to make a cancellation charge Standard products will incur a minimum charge of 25% of the price of the goods concerned arid customer specials will be charged at the total cost incurred up to tire date of the cancellation.

6 PRICES

6 1 UK orders for goods or services will be charged at current price ruling at the date of despatch or when the services were performed unless otherwise stated on our quotation The prices charged on all Orders other than UK orders will be those shown on the order acknowledgements for the duration of the quoted delivery period If the delivery period is extended beyond that quoted in the order acknowledgement for whatever reason we reserve the right to invoice the goods at current price ruling at date of despatch or when the services were performed A minimum order value will be applied as stated in our current price list.

7 CREDIT

7 1 At out request you will provide us with such information as we may reasonably require to assess your credit worthiness If, iii our opinion your credit is unsatisfactory or satisfactory security for payment is not given on request, we may require payment of the whole or liar of the purchase once if any order from you in advance Pending such payment all contracts shall be suspended and no deliveries made and if payment is not made within a reasonable time we may cancel any orders without liability.

8 PAYMENT

8 1 Unless otherwise stated in our offer all accounts are for settlement WITHIN 30 DAYS OF our invoice is date. We shall be entitled to submit invoices in respect of goods delivered forming only part of the order.
8 2 If we are ready to deliver the goods or provide the services on the date agreed in accordance with the contract and you delay our delivery for any reason we may present invoices on the due date for delivery at your offices for full settlement The goods will be stored by us and you will be liable to pay reasonable storage and insurance charges for the period of the delay plus the cost of any additional handling and transporting incurred
8 3 If payment for any invoice is not made we shall be entitled without prejudice to airy other right to damages or other remedy to charge Interest oil overdue amounts at the tale of 1½ % per cent per calendar month.

9 FORCE MAJEURE

9 1 If events beyond the control of either party (including without limitation to the generality of the foregoing words, force majeure strikes, lockouts, trade disputes, shortages of raw materials or supplies and Government action) prevent or hinder the provision of services or the manufacture, delivery or acceptance of the goods. delivery or services may be suspended in whole or in part and we or you as the case may be shall immediately give notice in writing thereof to the other party. Suspension of delivery or service shall continue so long as manufacture delivery or acceptance of the goods or provision of the services is so prevented or hindered and the original time for delivery or service shall be extended by the period of any such suspension. If such suspension continues for longer than ninety days in respect of any goods or services either party shall have the option to terminate the contract with regard to such goods or services. Neither party shall be liable for any loss caused to the other party by such suspension or termination except that where we have incurred expenditure due to the special nature of your order – we shall be reimbursed such expenditure

10 OWNERSHIP

10 1 All goods supplied hereunder shall be at your risk from the moment of actual delivery but the legal and beneficial ownership of such goods shall remain with us until we have received payment in full for such goods. Until such receipt by us you shall lie and be deemed lobe a bailee of thy goods

11 LIABILITIES AND GUARANTEES (UK Orders)

11 1 The price at which we offer to Supply goods and services to you is based upon the warranties given in and liabilities accepted under this condition, the cost of manufacture and delivery of the goods, the provision of services and the cost of the insurance cover obtainable by us. We will be prepared to negotiate with you a different price if you require any variation of these warranties Or extension of the liability accepted by us under there
11 2 The goods or Services which we offer to supply are designed for the purposes described in our trade literature and subject to any limitations therein contained. No warranty is given that they are fit for any other purpose unless you give to you in writing details of that purpose and we expressly warrant to you in writing that the goods or services are fit for that purpose
11 3 Any goods which within twelve months of despatch (or in the case of installations commissioned by our engineers from the date of such commissioning are proved to us not to be of merchantable quality or which in thy case of sale by description or by sample are proved to us not to correspond with the description or the sample and which are returned to us will provided we are notified within five working days of the defect becoming apparent and provided the goods have been installed, used and maintained in accordance with our instructions, be replaced as originally ordered or, if that is not practicable thy price paid try you for the goods will be refunded
11 4 We shall be liable for damages for death or personal injury resulting from negligence proved against us in the performance of our obligations under this contract
11 5 We shall be liable for direct loss or damage to your property or that of others resulting from negligence proved against us in the performance of our obligations under this contract up to a maximum or £100,000
11 6 We shall not be liable to you or others for any loss of profits or of contract or other indirect or consequential loss
11 7 Except as provided in this condition all warranty conditions and liabilities expressed or implied and whether statutory or otherwise are excluded
11 8 This condition applies to UK Orders only

12 LIABILITIES AND GUARANTEES (all orders other than UK orders)

12 1 All express or implied warranties and conditions statutory or otherwise as to the fitness of goods or services for any particular purpose for use in any specific conditions are expressly excluded whether or not such purpose or conditions are known to us
12 2 Any goods of faulty quality or workmanship returned to us within twelve (12) months of the relevant invoice date will wherever practicable be repaired or replaced at our discretion as originally ordered if repair or replacement is not practicable the price paid by you for the goods returned will lie refunded or credited to you. Our liability for faulty quality or workmanship is limited to repair Or replacement of the goods or reimbursement of the price under this Clause and except to the extent of such repair or replacement or reimbursement we shall be under no liability to you for any loss or damage of any kind suffered by you owing to Such faulty quality or workmanship. We shall be under no liability to son in respect of any loss or damage to third parties caused directly or indirectly by the goods or Services save as provided in this Clause all express or implied warranties and conditions expressly excluded
12 3 We shall not be under any liability to you in respect of any negligence on the part of ourselves, out servants agents or sub contractors and you shall keep us indemnified against all claims made against us in respect of such negligence
12 4 These conditions apply to all orders other than UK orders.

13 DELIVERY

13 1 Delivery by us to carrier shall constitute delivery under the Contract for UK orders. Delivery by us f. o. b. UK port or airport In accordance with Incoterms 1953 or to inland Groupage depot or as agreed for each order shall constitute delivery under this Contract for all orders other than UK orders. All delivery and despatch dates are subject to due receipt of all information required by us. While we can accept no liability for consequential loss or damage arising from the failure to dispatch or delivery or provide services by a quoted date as time shall not be deemed to by of the essence of the contract, we shall use out best endeavours to avoid delay.

14 EXHIBITIONS

14 1 You may not exhibit materials goods or accessories supplied by us without first obtaining out consent in writing

15 LIEN

15 1 We retain a general lien on all your goods still in our possession for any unpaid balance you may owe us

16 RETURN OF GOODS

16 1 Goods delivered to and accepted by you are not returnable (except as provided in conditions 11 & 12) and no credit will be given for goods without the Company’s written consent

17 TERMINATION

17 1 If you shall make default in or Commit any breach of any of your obligations to us or if any distress or execution shall be levied upon your property or assets or if you shall make or offer to make any arrangements or composition with creditors, or commit any act of Bankruptcy or if any Petition or Receiving Order in Bankruptcy shall be presented or made against you, or in the case of a limited company any Resolution or Petition to wind up such Company’s business (other than for the purpose of reconstruction or amalgamation) shall be passed or presented, or if a Receiver of such Company’s undertaking property or assets or any part thereof shall be appointed or if your principal place of business is outside the United Kingdom, the equivalent of any of the foregoing events according to your national law shall have occurred we shall have the right forthwith to determine the contract and upon written notice of such determination being posted by us to you at your last known address, the Contract shall be deemed to have been determined without prejudice to any rights of either party accrued prior to the date of such determination

18 HEADINGS

18 1 The headings to these conditions are for guidance only and shall not be used inane way in the interpretation of their meanings

19 GOVERNING LAW

19 1 This contract shall in all respects be construed and operated as an English Contract and all matters arising there under shall be determined in accordance with the laws of England.

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