Dabbrook - Terms And Conditions Of Sales

We/Us/Our  =  Dabbrook Services Limited

Complete Systems   =  Power Supply Systems designed supplied installed and commissioned by Us

1.             Conditions of Sale and Supply

These conditions apply to all contracts for the supply of services and the sale of equipment by Us to You including the supply of Complete Systems to the exclusion of all other standard or printed terms and conditions You may purport to apply in any purchase order, confirmation of order or other documentation and all previous terms and conditions.

Any variation of these Conditions or additional or special terms and conditions will not apply unless We agree to them in writing.

2.                    Quotations

Any quotation given by Us to You is based on

(a)                  Our wage rates and the prices of equipment current at the time of the quotation

and

(b)                  Your specification of the works and/or equipment to be supplied

and We reserve the right to increase the quotation if that specification is subsequently varied.

Any quotation shall not be binding on Us unless it is accepted within the validity period stated on the quotation.

The printed price lists periodically issued by Us do not constitute a quotation which will always be issued in writing on request.

We may give You notice up to 7 days before commencement of the works or delivery of the equipment to increase a Quotation to reflect any increase in the cost of the Works or the equipment to Us due to circumstances arising after the date of the Contract which are beyond our reasonable control and You will have the right to cancel this Contract within 7 days of receiving notice of increase from Us.

3.                    Prices

The price is as stated overleaf and is in Pounds Sterling.  The price does not include VAT at the appropriate rate at the date of invoice and the costs of packing and delivery which unless otherwise stated overleaf are payable in addition.

4.                    Payment Interest and Interim Invoices

Payment may be made by Visa or Mastercard Credit Card, cheque or by BACS transfer to Our bank account.

Payment is due in full within 30 days of the date of Our Invoice and the time for payment shall be of the essence.

Interest on overdue invoices shall accrue from the date that payment is due until the date of payment after as well as before any judgement at a rate equal to 4% above the base lending rate of Lloyds TSB Bank Plc from time to time.

We reserve the right to  submit interim invoices and claims for progress payments at any time during the period of the Works.  If You cancel an order we reserve the right to charge You for all the work We have done up to that time and all expenses We have incurred in connection with the Order.

5.                    Delivery Dates

All delivery dates are estimates and are not under Our control.  Please inform Us if Equipment is not delivered when expected but We do not accept any liability for delays in delivery or any loss arising in consequence.

6.                    Delivery and Acceptance

You must inspect equipment supplied as soon as practicable after delivery and notify Us within 3 days of any alleged defect shortage in quantity or failure to comply with the description of the equipment.

The equipment is at Your risk from the time of delivery and no liability will not be accepted by Us for damage or loss to the equipment after the time that the delivery document stating that the equipment was received in good condition has been signed.

Failing such notice You will be deemed to have accepted the equipment and it shall be conclusively presumed that the equipment is in accordance with the Contract and free from any defect or damage which would be apparent on examination.

7.                    Retention of Title

Notwithstanding delivery of the equipment to You or Your premises property and ownership in the equipment shall not pass from Us until You have paid the price including VAT and all other sums which are due from You to Us in full.

We shall be entitled to recover the price including VAT notwithstanding that property in the equipment has not passed from Us.

Until property and ownership in the equipment passes from Us You will on request deliver up such of the equipment as has not ceased to exist or been resold.  If You fail to do so We may enter any premises owned occupied or controlled by You where the equipment is situated and repossess it.

You shall not charge by way of security for indebtedness any of the equipment which is Our property and if You do so all sums owing by You to Us shall immediately become due and payable without prejudice to Our other rights against You.

8.                    Guarantees and Liability

For Complete Systems, provided that You have used and maintained them in accordance with the operating manual for the System and its component parts We will replace or repair any parts which fail at no charge for a period of 12 months from the date of commissioning of the Complete System and We may at our discretion require You to return the equipment at our expense for that purpose.

Any other equipment supplied by Us has the benefit of the relevant manufacturer’s guarantee which is subject to the terms and conditions laid down by the manufacturer.  Except where We have been contracted to install and commission the equipment You are responsible for ensuring that the manufacturers terms and conditions are complied with on installation and in all cases You must operate the equipment in accordance with the manufacturers terms and conditions.

In the event of a suspected fault You must inform Us promptly and We will advise on the suspected fault and give instructions regarding its return if necessary.

If the equipment is found to be in satisfactory working order or if the fault has been caused by Your failure to observe the manufacturers guarantee terms and conditions We will charge You for all costs incurred including Our time in inspecting the equipment.

9.                    System Design

We design Systems based on Your load requirements and locations as notified to Us by You.  Although, we endeavour to use reliable weather data in assessing Your requirements weather conditions are always variable often over a small area and We are therefore unable to guarantee a specific power output for any System. We do not accept liability for the failure of any System to provide the power output required by You.

We will provide full technical specification for any equipment or Systems in any quotation on request but it is Your responsibility to ensure that equipment or Systems ordered by You meet the requirements and specification of You or Your customers with an adequate margin for weather fluctuations.

10.                 Liability

If equipment or Systems supplied by Us are defective or otherwise not in accordance with the Contract Your sole remedy shall be limited to our repairing or replacing the equipment or at Our election refunding part of the price.  Our liability to You in respect of any breach of the Contract shall in no circumstances exceed the value of the price.

We shall in no case be liable to You for loss of profit or for any other indirect loss or expense suffered by You as a result of any breach of Contract by Us.

We will provide a copy of the manufacturers storage and handling instructions with any hazardous chemicals (such as battery acid) which We supply.  You must read these instructions.  You are responsible for taking all necessary precautions when handling transporting installing or maintaining these chemicals.  We would remind

You that You must dispose of any hazardous chemicals in a safe and approved manner in accordance with the regulations and requirements of national and local government.