Terms & Conditions - Benchmark PulsaCoil 2000 Series Design, Installation And Servicing Instructions

1. We only do business upon the Conditions which appear below and no other. Unless we so agree in
writing these Conditions shall apply in full to any supply of goods by us to the exclusion of any Conditions
or terms sought to be imposed by any purchaser. These Conditions of Sale and Warranty Terms override
those which are contained on the Invoice Forms and all Sales are now subject to these Conditions of
Sale and Warranty terms only.
2. PRICE
Orders are accepted at the price ruling at the date of receipt of order, this price is our last published list
price plus a supplement to allow for any increase in the price of copper between the dates of publication of
our price lists ("the copper price supplement"). An order may not be cancelled or varied after acceptance
without the written consent of the company. Such cancellation or variation shall be subject to such
reasonable charges as may be appropriate.
3. SPECIFICATION
The goods are supplied in accordance with the Specifications (if any) submitted to the Purchaser and any
additions and alterations shall be the subject of an extra charge. Any goods not so specified shall be
in accordance with our printed literature or the literature of any of our component suppliers (subject
to any modifications made since publication). If we adopt any changes in construction or design of
the goods, or in the specification printed in our literature, the Purchaser shall accept the goods so
changed in fulfilment of the order.
4. PAYMENT
The invoice price of goods shall be payable within 30 days of despatch by us of our invoice for the goods or such
longer time as may be stated by our quotation or invoice. If we receive payment in full on or before the due
date we will allow a discount of 5% except where we have quoted a special net price. If payment is not received
in full on or before the due date we shall be entitled in addition to the invoice price to:
(i) payment of a sum equal to any increase in the copper price supplement applicable to the particular goods
sold between the date of receipt of order and the date of receipt of payment in full; and
(ii) interest on any part of the invoice price unpaid after the due date at the rate of 3% per annum over the
base rate for the time being of Midland Bank plc.
5. TIME
We give estimates of delivery dates in good faith and time of delivery is not nor shall be made of the essence of
any contract nor shall we be liable for any loss or damage occasioned by delay in delivery.
6. DELIVERY
We deliver free normally by our own vehicles within 25 miles of any of our manufacturing depots. Delivery to
any place more than 25 miles from one of our manufacturing depots is subject to our quoted delivery charges.
We reserve the right to make delivery of goods contained in one order by more than one consignment and at
different times. Where a period is agreed for delivery and such period is not extended by our Agreement, the
Purchaser shall take delivery within that period. If the Purchaser fails to take delivery, we shall be entitled
at the Purchaser's risk and expense to store the goods at the Purchaser's premises or elsewhere and to
demand payment as if they had been despatched. Offloading at point of delivery shall be the responsibility
of and be undertaken by the Purchaser.
7. SHORTAGES OR DAMAGE
Goods must be inspected before signature of delivery note and any damage,shortage or discrepancy noted on
the delivery note and the goods returned on the same vehicle. The buyer must also give us immediate written
notice of the damage, shortage or discrepancy so that we may prompt investigation.
8. RETURN OF GOODS
Goods may not be returned to the Company except by prior written permission of an authorised officer of
the Company and such return shall be subject to payment by the Purchaser of handling and re-stocking
charges, transport and all other costs incurred by the Company.
9. COMPANY LIABILITY
All our goods are made of the best materials from reputable manufacturers and where stated are
manufactured to the appropriate British Standard. Complaints must be given to us immediately, before
any action is taken, as responsibility cannot be accepted if repairs or renewals are attempted on site
without our written authority.
Where we agree to rectify any defect, we reserve the right to undertake the work on our own premises.
Provided that our product has been installed in accordance with any instructions for installation any any
relevant codes of practice and in accordance with the bye-laws and requirements obtaining in any particular
area we give the following warranties:
(1) Domestic and Commercial Open Vented Cylinders and Tanks.
If the copper cylinder or tank or any integral pipework proves to be defective either in materials or
workmanship, we will either repair or supply replacement at our option with the closest substitute in the
case of any obsolete product to any address in Great Britain.
(a) free of all charge during the first year after delivery by us.
(b) thereafter at a charge of one-tenth of the then current list price and any copper price supplement and
delivery charge during the second year after delivery by us and increasing by a further one-tenth on the
second and subsequent anniversary of delivery by us.
AND FURTHER we will meet the contractors/installers reasonable costs in removing and replacing any
defective Open Vented Copper Cylinder or Tank with defective integral pipework as follows:
(i) in the case of vessels of less than 80 imperial gallons capacity up to a maximum of one-half of the extent of
our liability in regard to the replacement product expressed in (1) (a) and (b) above
ii) in the case of vessels larger than 79 imperial gallons capacity up to a maximum of one-quarter of the extent of
our liability in regard to the replacement product as expressed in paragraphs (1) (a) and (b) above.
Gledhill
(Water Storage)
AMD. AUGUST 2000
Ltd
(2) Domestic Mains Fed Products
If the copper storage vessel itself or any integral pipework
as part of the storage vessel assembly proves to be defective
either in materials or workmanship, we reserve the right to
either repair or supply replacements or the closest possible
substitute in the case of any obsolete product and will
collect and deliver to any address in England, Wales and
Scotland (excluding all Scottish Islands).
(a) free of all charge during the first year after delivery
by us.
(b) thereafter at a charge of one-fifth of the then current list
price or any copper price supplement and delivery charge
during the second year after delivery by us increasing by a
further one-fifth on the second and subsequent anniversary
of delivery by us.
AND FURTHER we will meet the contractors/installers
reasonable costs in removing and replacing any defective
copper storage vessel or storage vessel with defective
integral pipework from the Domestic Mains Pressure Range
of products up to a maximum of one-third of the extent of
our liability in regard to the replacement product expressed
in (2) (a) and (b) above.
(3) Components of our products other than Storage
Vessels and Integral Pipework. We will either extend to the
purchaser the same terms of warranty as we are given by the
manufacturer of the component or if the manufacturer
does not give any warranty, replace free of charge any
component which becomes defective within twelve months
after the date of the delivery by us and is returned to us at
the purchaser's expense but we shall not meet the cost of
removal or shipping or return of the component or any other
cost charges or damages incurred by the purchaser.
(4) In the case of the Gulfstream range of products any heat
generator found to be defective and admitted to be such
by us either as regards materials or workmanship within 12
months from date of installation or 18 months from date
of manufacture whichever is the sooner, will be repaired
or replaced at our option.AND FURTHER we will meet the
contractors/installers reasonable costs in removing and
replacing any defective heat generator up to a maximum
of one-third of the extent of our liability in regard to the
replacement product.
(5) In the case of goods manufactured solely in accordance
with our specification and designs and in respect of any
installation work carried out by or on our behalf, our entire
liability and the purchaser's sole remedies (subject to (1-4)
above) and shall be as follows:
(a) we accept liability for death or personal injury to the
extent that it results from our negligence that of our
employees agents or subcontractors.
(b) subject to paragraph (d) below, we accept liability for
direct physical damage to tangible property to the extent
that such damage is caused by our negligence that of our
employees agents or subcontractors.
(c) our total liability to the purchaser over and above any
liability to replace under (1 - 4) above (whether in contract
or in tort including negligence) in respect of any one cause
of loss or damage claimed to result from any breach of our
obligations hereunder, shall be limited to actual money
damages which shall not exceed £20,000 provided that such
monetary limit shall not apply to any liability on the part of
ourselves referred to in paragraph (a) above.
(d) except as provided in paragraph (a) above but otherwise
notwithstanding any provision herein contained in no event
shall we be liable for the following loss
or damage howsoever caused and even if foreseeable by us
or in our contemplation :-
(i) economic loss which shall include loss of profits, business
revenue, goodwill or anticipated savings.
(ii) damages in respect of special indirect or consequential
loss or damage (other than death, personal injury and
damage to tangible property).
(iii) any claim made against the purchaser by any other
party
(save as expressly provided in paragraph (b) above).
(e) except in respect of our liability referred to in paragraph
(a) above no claim may be made or action brought (whether
in contract or in tort inluding negligence) by the purchaser in
respect of any goods supplied by us more than one year after
the date of the invoice for the relevant goods.
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