Terms & Conditions

1. General: All quotations are made, all orders are accepted and all tenders are lodged subject to the following terms and conditions along with any terms and conditions stated on the quotation or tender and no addition thereto, deletion there from or variation thereof shall be made unless any such addition, deletion or variation shall be specifically agreed in writing by the parties.
2. Validity of Quotations: Tenders and quotations provided by us are open for acceptance only within the period specified therein, or failing the specification therein of a fixed period for acceptance, within thirty days of the date or said tender or quotations.  Failing such timeous acceptance, tenders or quotations will be held to be withdrawn after the expiry of said period for acceptance without any further notification or intimation by us.
3. Catalogues, Drawings, etc:  Any catalogues, price lists, advertising materials, specifications, drawings and / or particulars of weights and dimensions submitted with tenders or quotations are approximate only and while the same are compiled in good faith, they are intended only as a general indication of the type of goods and / or services described therein and shall not form part of any contract to follow on acceptance of any tender or quotation lodged or made by us.  It is further specifically understood that we reserve the right at any time to vary with out notice any such catalogues, price lists, advertising materials, specifications and / or particulars.
4. Despatch:  Whilst every effort shall be made to meet quoted despatch times, such quoted despatch times are estimates only and we shall not be liable for any failure to meet such despatch times.  Without prejudice to the foregoing generality it is understood that any change of instructions by or lack of instructions from the purchaser or occurrence of any Industrial Dispute or any other occurrence beyond our reasonable control will invalidate any estimated despatch times which shall in any event date only from receipt by us of a written order to proceed and or full instructions to proceed including supply of all necessary information, specification and drawings to enable us to so proceed.
5. Storage:  If by reason of instructions or lack of instructions from the purchaser despatch in accordance with contract is delayed for 14 days after the purchaser has been notified that the goods are ready for despatch, the property in the goods shall, subject to the provisions of clause 15 here of (Retention of Title), pass to the purchaser who shall take delivery or arrange for storage and for the purposes of Clause 10 hereof (Payment) the goods shall thereupon be deemed to have been delivered.  If and for so long as our storage facilities permit, we may store the goods and the purchaser shall pay a reasonable charge therefore.
6. Delivery:  Carriage and Packing Charges and Minimum Order Charges for United Kingdom mainland only are at rates as detailed in our current price list unless otherwise specified in our tender or quotation.  Unless specified otherwise it shall be the purchasers responsibility to make off-loading arrangements where appropriate.
7. Loss or damage in transit:  We shall repair or replace, at our sole option, free of charge, goods damaged in transit or not delivered in accordance with the Delivery Note, provided that obvious damage to packaging or goods is notified to the carrier on delivery and notified to us within 2 hours of delivery or where damage to the goods or short delivery of goods is subsequently discovered is notified to us within 24 hours.  Where a complete failure to deliver goods occurs we must be notified within 2 days of when the goods would reasonably be expected to have been received.  Our liability will be restricted to the cost of repair or replacement of the goods at our sole option.  It is specifically understood that no liability is accepted by us for any other contingent costs or liabilities incurred by the purchaser or third parties acquiring from the purchaser.
8. Packing:  Where necessary for safe transit, suitable non-returnable packing cases will be charged at cost.
9. Rejection:  Unless specifically agreed in writing to the contrary, goods rejected by the purchaser as not conforming to contract must be so rejected within 7 days of receipt of the goods by the purchaser.
10. Payment:  Subject to written confirmation from us in respect of the provision of credit facilities and unless specifically agreed in writing to the contrary, payment in full is due 30 calendar days after the date of invoice .  We reserve the right in the event of failure on the part of a purchaser to pay as aforesaid, to charge interest on any price or balance of price outstanding, after the said due date for payment, at a rate 8% per annum above the base lending rate of the Bank of Scotland ruling from time to time from said due rate of payment until payment in full, but that without prejudice to our right to pursue recovery of any such outstanding balance and interest accruing thereon in terms hereof.
11. Defects after delivery:
    1. The goods delivered under this Contract shall, where the Contract includes a specification comply with the specification or, if there is no such specification, shall be of normal merchantable quality.
    2. The purchaser does not rely on any statement of representations other than those which have been made in writing by us.
    3. We will make good, by repair or at our option by the supply of a replacement, defects which, under proper use, appear in the goods within a period of twelve calendar months after the goods have been delivered and arise solely from faulty design, materials or workmanship; provided always that defective parts have been returned to us if we shall have so required. We shall refund any reasonable cost of carriage on such returned parts and the repaired or new parts will be delivered by us free of charge, provided the despatch and return addresses are on the UK mainland.  Our liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods, and save as provided in this clause we shall not be under any liability whether in contract, delict or otherwise, in respect of defects in goods delivered or for any injury (other than personal injury caused by our negligence as defined in Section 1 of the Unfair contract Terms Act, 1977), damage or loss resulting from such defects or from any work done in connection therewith.  Provided, however, that nothing in this clause shall operate to exclude any warranty or condition implied by law as to the quality of the goods in the event that the goods when sold by the purchaser or when sold by any person or persons to whom the purchaser may sell the goods shall become the subject of a consumer sale as defined in the Sale of Goods Act, 1979, or any statutory re-enactment or modification thereof except to the extent that any claim under such warranty or condition shall have arisen from any act or omission by the purchaser or by any other person or persons selling the goods by way of a consumer sale.
12. Patents:  We will indemnity the purchaser against any claim of infringement of Letters Patent or Registered Design (published at the date of the Contract) by the use or sale of any article or material supplied by us to the purchaser and against all costs and damages which the purchaser may incur in any action for such infringement or for which the purchaser may become liable in such any action.  Provided always that this indemnity shall not apply to any infringement which is due to either (a) our having followed a design or instruction furnished or given by the purchaser or (b) to the use of such article or material in a manner or for a purpose not disclosed or specified by the purchaser or (c) the use of such article or material or design in a foreign country not specified by or disclosed to us.  And provided also that this indemnity is conditional on the purchaser making no admission in respect of such alleged infringements and giving us the earliest possible notice in writing of any claim being made or action threatened or brought against the purchaser and on the purchaser permitting us at our own expense to conduct any litigation that may ensue and all negotiations for a settlement of the claim.  The purchaser on his part warrants that any design or instructions furnished or given by him shall not be such as will cause us to infringe any Letters Patent, Registered Design or Trade Mark in the execution of the purchaser’s order and shall indemnify us in respect of any breach of warranty.
13. Arbitration:  If at any time any questions, dispute or difference whatsoever shall arise between the purchaser and us upon, in relation to or in connection with the contract, either the purchaser or we may give to the other notice in writing of the existence of such questions, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon or failing agreement within 14 days of receipt of such notice of some person appointed by the President for the time being of the Institution of Engineering and Technology (IET).
14. Legal Construction and Jurisdiction:  Unless otherwise specifically agreed in writing the contract shall in all respects be construed and operated as a Scottish contract and in conformity with Scottish law and each of the parties hereby submits to the exclusive jurisdiction of the Scottish Courts, although the Seller expressly reserves the right to commence proceedings against the Purchaser anywhere in the World.
15. Retention of Title: 
    1. Until we have been paid in full for the goods comprised in this or any other contract Title in the goods supplied in pursuance of this contract shall vest in us. Without prejudice to the passage of title risk in the goods shall pass to the Purchaser upon the goods being delivered.
    2. If the Purchaser failed to pay for the goods on the due date or commits any act of bankruptcy or if any resolution or petition to wind up the Purchaser’s business shall be passed (other than for the purposes of amalgamation) or if an Receiver of the Purchaser’s undertakings is appointed we may recover possession of the goods at any time from the Purchaser and for that purpose we, our servants or agents we hereby authorise to enter upon any land or building upon which the goods are situated.
    3. The Purchaser has the right to dispose of the goods in the course of his business for our account and to pass good title to the goods to his customer being a bona fide purchaser for value without notice of our rights. In the even of such disposal the Purchaser has the fiduciary duty to us to account to us for the proceeds (which shall be kept separate and identifiable from the Purchaser’s own monies) but may retain there from an excess of such proceeds over the amount outstanding under this contract.

Version 1.0, 18th August 2025