The following terms and conditions shall apply to all contracts for sale concluded by K&M Equipment Limited and shall not be varied by any conditions of purchase of the Customer (“the Customer”) or otherwise unless expressly agreed in writing by K&M Equipment Limited.
K&M Equipment Limited will endeavor to supply goods on or before the delivery date but time of delivery shall not be of the essence of the contract.
Unless otherwise agreed in writing delivery must be made to the address of the Customer paying for the goods.
Failure by the Customer to collect goods 14 days after notification they are ready for collection will give K&M Equipment Limited the right either to store the goods and charge for storage or to sell the goods at the best possible price and to recover from the Customer the contract price less the proceeds of sale.
K&M Equipment Limited is not liable for delays in delivery or non-delivery owing to government direction, quota and embargo
Where delivery is specified over two or more shipments each payment installment will be due within the agreed payment period following receipt of goods.
Most products are delivered either by courier or post depending on their size, value or your special requirements. Different products on the same order may be delivered separately.
Delivery times are calculated in working days.
K&M Equipment Limited shall provide Services and Repair to the Customer.
K&M Equipment Limited shall use all reasonable endeavours to meet any performance dates for the Services specified in the order, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
K&M Equipment Limited shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Customer shall be notified in any such event.
4. PASSING OF DATA
Ownership of goods will remain with K&M Equipment Limited until all sums of money due to K&M Equipment Limited under the contract have been paid.
At any time before payment of monies which are overdue, K&M Equipment Limited shall have the right after giving notice to retake possession of the goods.
5. RETURNS POLICY
K&M Equipment Limited is deemed to have no knowledge of the particular purpose or market for which the good are required unless the contract so specifies. The Customer is deemed to have purchased the goods relying on his own knowledge and expertise after making due enquiry.
K&M Equipment Limited gives the Customer a 12 month parts only warranty.
Where applicable value added tax or such other applicable sales tax are excluded in the sale price.
7. CANCELLATION BY CUSTOMER
Cancellation will not be allowed in respect of an order tailor made to the Customers specification.
In other circumstances cancellation will be permitted at K & M Equipment Limited’s discretion.
8. OVERDUE PAYMENT BY CUSTOMER
Payment shall be made in full at the point of sale unless agreed otherwise in writing by K&M Equipment Limited.
On overdue accounts interest will be charged at 5% above clearing bank base rate from due date to date of payment.
Time is of the essence for payment. Payment is expected on completion of delivery or installation.
9. CONSEQUENTIAL LOSS
K&M Equipment Limited shall not be liable to the Customer for any loss, injury or damage direct, incidental or consequential arising out of or caused goods supplied by the Company.
No person other than the duly authorised employees of K&M Equipment Limited has authority to bind K&M Equipment Limited or to make a contract.
11. FORCE MAJEURE
K&M Equipment Limited shall not be liable for any breach of this contract arising out of or in consequence of Fire, Storm, Impact, Explosion, Flood, War, Riot, Civil Commotion, Government Action or Direction, Strike, Lockout or Industrial Action or unforeseen circumstances affecting K&M Equipment Limited’s ability to carry on its business.
In the event of dispute English Law shall apply and the parties shall submit to the jurisdiction of the Civil Courts.