Quotation Acceptance Terms
All orders are accepted by Masterflo Ltd, subject to the following conditions of sale to the exclusion of any other Terms and Conditions. Any variation specifically agreed between the Parties to these Terms and Conditions shall be in writing. The Contract shall be governed by English Law.
In the case of any discrepancies between your order and order confirmation, the quantities, times and prices stated in our order confirmation shall be operative unless the buyer objects immediately.
The prices are valid for 30 days after the offer date. Masterflo Ltd reserves the right to review the quotation should the Buyer change instructions, delivery dates, quantities or specifications for the Goods, or any delay caused by the Buyer’s failure to give adequate written instructions or information or payment within the agreed timescale Offers and contracts shall only be binding on us if at the receipt of the final, specified order we have or can provide the goods at the prices, rates of exchange, and on the terms of delivery and other conditions with which we have calculated and on which we have based the offer of the contract of sale, even though the buyer may not be cognizant of these It is the buyer’s responsibility to check that the equipment offered meets with all their technical requirements.
Commencement of the contract will be following receipt of the deposit payment and clarification of all technical details. The agreed delivery and contract duration times are always based on the assumption that the customer approves the drawings within the agreed time and primarily that the payment is received as per the order confirmation. If these are delayed, we reserve the right to adjust the schedule accordingly. Masterflo Ltd will endeavour to deliver the Goods by the agreed date(s), but any such date(s) are approximate only. Masterflo Ltd shall be under no liability for delay, or consequences thereof however caused, and such delay will not entitle the Buyer to refuse or postpone acceptance of the Goods
The agreed-upon contractual penalties are always based on the assumption that the customer releases the drawings and primarily that the payment is received as per the order confirmation. If these are delayed, we reserve the right to change the contractual penalties accordingly.
50% Deposit with order. The project will not commence until the deposit payment is received
30% Prior to dispatch. This payment shall become due upon notification of goods being ready for dispatch.
20% Final Payment The final payment shall become due 30 days after commencement of delivery or after setting to use whichever is the earliest. In all cases, this payment shall become due no later than 60 days after initial delivery to site.
Terms of payment:
Payment shall be within 5 days of invoice date and is strictly net unless otherwise agreed in writing. Masterflo Ltd reserves the right to stop any further work and/or deliveries to site should the above payment terms not be strictly adhered to, unless agreed otherwise by Masterflo Ltd in writing. Any delays due to late payment or extra costs incurred are solely the customer’s responsibility. Time of payment is the essence of all Contracts. Overdue accounts will attract debt recovery costs and statutory interest accordance with the Late Payment of Commercial Debts Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
As a matter of principle, Masterflo Ltd undertakes a credit check on the Buyer. Dependent on the customer’s financial circumstances, we reserve the right to modify the above-mentioned payment details if necessary.
Title of Goods:
The title to any goods sold by Masterflo Ltd shall not pass to the Buyer until such time as the Buyer has paid the full Contract price together with any other monies due to Masterflo Ltd under any other pre-existing contract the Buyer has entered into with Masterflo Ltd. Risk for goods shall pass to the Buyer upon delivery to the Buyer’s nominated place of delivery or collection from Masterflo Ltd premises.
On parts, we grant the same guarantee as the one granted to us by our sub-supplier. Wearing parts excluded.
Other terms only against the implementation of a Masterflo Ltd maintenance contract. The warranty shall not be valid if the agreed-upon payment terms are not met, and if the recommended maintenance schedule is not adhered to. The warranty is only accepted if the equipment is installed by qualified Masterflo Ltd personnel or under supervision of Masterflo Ltd supervisors and was operated with original manufacturers spare parts and if the maintenance has been carried out according to the supplied instructions. Liability for subsequent damage is generally excluded. In the case of goods which have been supplied only, a warranty will only become valid on acceptance by Masterflo Ltd of the buyer’s full commissioning report.
To comply with the users’ instructions as outlined in the documentation we recommend an inspection of the system every 1,700 operating hours. Failure to comply with this instruction may invalidate your warranty.
1 copy in English, additional copies at cost. Issued upon receipt of final payment as per the order confirmation.
Final acceptance via the purchaser takes place at the end of the commissioning phase; largely interference-free operation is required. Acceptance can only be refused if the Masterflo Ltd system or part thereof displays significant defects, for example, if the agreed-upon technical specifications are not met. Possible residual defects that do not significantly influence the equipment’s functioning do not impede acceptance. The purchaser is entitled to withhold an agreed adequate amount until it is settled within the maximum percentages as set out in ORGALIME SE01. The equipment, or parts of the equipment, is considered approved as soon as the purchaser operates it.
Cancellation of an order can only be accepted after prior negotiation and agreement. Generally, on no account can cancellations be entertained for items ordered specially on the Buyer’s behalf. Order cancellation will be subject to cancellation or re-stocking charge, at Masterflo Ltd discretion.
Shortages and Damages:
All Claims to be made in writing within 3 working days of delivery or of setting to use of the Goods. Full details of the circumstances of any alleged loss must be given in writing. It is the Buyer’s responsibility to refuse any damaged parcels. Masterflo Ltd shall under no circumstances be liable for loss of production, loss of profit or any other consequential loss.
ORGALIME SE 01 (Brussels, September 2001) Masterflo Ltd reserves the right to modify the above terms if necessary depending on the customer’s financial circumstances.
Our Quotation requires (unless otherwise stated):
Unless otherwise stated in our proposal, we have the following required conditions on site:
- Forklift, powered access platforms, ladders and scaffolds as required.
- 240 V / 3×415 V, 50 Hz close to the installation area.
- 5-6 bars lubricated and clean compressed air close to the installation area according to ISO 8573-1 (3.4.2)
- Free and un-interrupted access to the installation area.
- A 7-day work week; Masterflo Ltd contractors must be allowed to worked on Saturdays, Sundays and Bank Holidays as required.
- Washing and changing facilities for our personnel.
- The customer must in due time take inform Masterflo Ltd of any regional or operational regulation or law that goes beyond normal regulations.
- Classification of the EX areas (ATEX-NORM).
- Observance of safety guidelines (working under hanging loads is not permitted).
- Flat and level installation area, clear of obstruction.
Our Quotation Excludes (unless otherwise stated):
Unless otherwise stated in our proposal, we have not included for the following items:
- Off loading of goods and secure storage with protection from inclement weather.
- Mechanical installation.
- Electrical installation or field wiring.
- Forklift, powered access platforms, ladders and scaffolds as required.
- Supply of maintenance platform.
- Supply of 240 V / 3×415 V, 50 Hz to the point of individual connections as well as supply of installation material.
- Supply of LPG / Natural Gas, 24 mbar to the point of individual connections as well as supply of installation material.
- Supply of filtered and oiled compressed air (5-6 bar) to the point of individual connections as well as supply of installation material.
- Supply of Towns water supply to the point of individual connections as well as supply of installation material
- Any civil works, wall, boring, stemming, basic and concrete work.
- Any building/roofing work involved in cutting holes, provision of anchor points, making good same or any form of sealing after ductwork installation.
- Any fire protection that may be required.
- Product carriers, frames jigging or tooling etc.
- The customer is responsible to define and confirm ATEX zones in writing.
- Certification of lift stations is the responsibility of the customer.
- Removal from site of waste generated during installation period.
- The provision neither of any drains or bunds nor for the obtaining of any planning permission or consent for the proposed installation.
- Confirmation of regional or operational regulations.
- The supply of any make up air supply as may be required to comply with the Gas Regulations or to match any extracted volume within the building.