Terms and Conditions
The following are the terms and conditions.
1) Formation of contract
Septimus Spares contracts with the Customer in accordance with the following terms only. These terms are deemed to be accepted by the Customer unless express written variations are negotiated which may only be authorised on the behalf of Septimus Spares by a partner of the Firm.
Orders accepted by Septimus Spares either orally or in writing shall not be cancelled either wholly or in part, nor may the Customer suspend deliveries thereunder without the consent in writing of a partner of the Firm and subject to compliance by the Customer with such reasonable requirements as to compensation for costs incurred by Septimus Spares.
Prices are always those ruling at the time of delivery of the goods or hire of the equipment, and are subject to VAT.
Septimus Spares reserve the right to alter charges without prior notification. Charges are normally reviewed in January, but we reserve the right to review them at any time. Long-term hire customers starting a contract part-way throughout the year should expect the January review, unless the contract is made at the end of the year and we are able to assess charges beforehand.
- Septimus Spares reserve all rights as to whether to use its own transport.
- Where outside carriers are used, Septimus Spares where possible will follow the Customer's request.
- The Customer must immediately notify Septimus Spares in writing if the goods have not been received within seven days of the date of the Firm's advice note or invoice.
- The Customer must notify Septimus Spares and the Carrier in writing within one working day of receipt of any breakage or shortage.
- Septimus Spares when notified of any damage in transit reserves the option to repair or replace the goods providing notification of damage has been made within one working day of receipt and all rules and conditions of the Carrier relating to damaged, destroyed or missing goods have been complied with.
- Risk shall pass to the Customer on delivery notwithstanding that ownership shall remain with Septimus Spares until payment is made.
5) Property and risk
- Until the price for the goods has been paid in full to Septimus Spares, the Customer shall remain a bailee only and the ownership of the goods shall remain with Septimus Spares.
- Similarly where parts are supplied by Septimus Spares in contracts of repair, service, rectification or modification, the property in parts will remain with Septimus Spares until payment is made by the Customer.
- If the customer incorporates goods owned by Septimus Spares into other products with the addition of his own goods or those of others, or uses such goods as materials for other products with or without such addition, the property in those other products is upon such incorporation or use ipso facto transferred to Septimus Spares and the Customer as bailee of them will store the same for Septimus Spares in a proper manner without charge to the Firm.
- The Customer has the right to sell the goods or such other products to a bona fide purchaser within the framework of the normal carrying on of his business and to deliver them on condition that if Septimus Spares so requires the Customer as long as he has not fully discharged his debt to Septimus Spares shall hand over to the Firm claims he has against his purchaser emanating from this transaction. Where Septimus Spares exercises this requirement it will account to the Customer for any excess of proceeds from the Customer's purchaser less any expenses necessarily incurred.
- Where the Customer received payment from his purchaser for goods belonging to Septimus Spares, the Customer has a fiduciary duty to the Firm to account to Septimus Spares for the proceeds but may retain therefrom any excess of such products over the amount outstanding and due to Septimus Spares. f) The Customer grants Septimus Spares an irrevocable right and licence to enter the Customer's premises where Septimus Spares' goods are in possession for the purpose of repossession and this right and licence shall extend to any authorised employee or agent of the Firm and to the Firm's vehicles.
6) Instructions for safe use
Customers are advised to ensure that themselves, their employees agents and purchasers read the instructions supplied with the goods, follow those instructions and if they have any difficulty in interpreting the instructions shall seek advice from Septimus Spares prior to using any machine.
7) Returns Policy
Septimus Spares disclaims any liability for goods returned without their written consent. The Firm disclaims liability for any return whilst in transit to Septimus Spares. Septimus Spares reserves the right to charge a 20% handling charge where this is justified i.e. items that have been imported specially. A successful return will be refunded within 5 days of the item returning to us.
8) Settlement terms
- Payment terms will be stated on each invoice.
The rights of Septimus Spares or the Customer shall not be prejudiced or restricted by an indulgence or forbearance extended by either party to the other and waiver of rights by either party in respect of any breach by the other shall operate as a waiver in respect of any other or subsequent breach.
10) Force Majeure
Septimus Spares accepts no responsibility for loss, delay or non-delivery arising by reason of riot, civil commotion, war whether declared or not, accident, shortened hours of labour, strikes, lockouts, storm, flood, fire or any other circumstances (whether of the kind hereinbefore mentioned or not) beyond the control of the Firm.
11) Legal Construction
These terms shall in all respects be constructed and operate as an English contract in conformity with English law.
12) Oral Variation
No employee of Septimus Spares is authorised to vary these conditions orally and all oral variations shall be null and void.
Septimus Spares undertake to return to the manufacturer any goods for warranty claims provided that the original machines have been registered under the manufacturer's terms and that such goods are accompanied by the relevant details required by the manufacturer. Septimus Spares do not accept any liability for any such claims which are rejected by the manufacturer for whatever reasons. It is the responsibility of the Customer to return items to Septimus Spares for transfer to the manufacturer.
Septimus Spares will be liable for direct loss and damage to persons or property to the extent caused by our negligence in the performance of our obligations but not otherwise provided that:-
- Our total liability for such loss or damage shall not exceed £500,000.
- Septimus Spares shall not be liable to its agents or customers for any loss of profits or contracts or other consequential loss.
- Written notice of a claim shall be given to us not later than three months from the date of the occurrence giving rise to the loss or damage above referred to.
Septimus Spares' liability in respect of any defect or failure of the goods supplied or for any loss or injury or damage attributable thereto and all warranties conditions or liabilities are hereby excluded except as provided above and except for our liability for death or personal injury caused by our negligence.