3DI Process Equipment Ltd向客户提供商品和服务合同的标准条件金博app金博宝188吧
定义和解释这些标准Terms and Conditions for the supply of Goods and services from 3Di Process Equipment Limited to a customer. The following definitions apply: -
1.1 Definitions. In these Conditions, the following definitions apply:
Goods: the goods (or any part of them) set out in the Supplier’s Quotation or Purchase Order.
Order: the Customer's order for the supply of Goods and/or Services, as set out in the Customer's quotation or Customer’s purchase order form.
供应商：3DI Pr金博appocess Equipment Limited在英格兰和威尔士注册，威尔士编号为04241566，其注册办事处是赫隆屋，39-41高级朋格车道，布雷特伯里，斯托克波特，柴郡，SK6 1E
2. BASIS OF CONTRACT
2.1 The Order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these Terms and Conditions.
2.4 Any quotations, samples, drawings, descriptive matter or advertising issued by the Supplier and any descriptions of the Goods or illustrations or descriptions of the Goods and Services including the contents of the Supplier’s website, are issued for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.
2.5 Any quotation given by the Supplier shall be subject to these terms and conditions, but shall not constitute an offer and unless previously withdrawn by the Supplier shall remain open for a period of 30 days from its date of issue.
2.8 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.
3. DEFECTIVE GOODS
3.2 The Supplier takes no responsibility for the information provided to the Customer and gives no undertaking whatsoever as to its previous use or the suitability of the Goods for the purposes of the Customer and it is incumbent upon the Customer to ascertain in advance of purchasing the Goods that the Goods will meet its specific needs. The Customer must take particular care when intending to use the Goods for a purpose other than that for which it was originally manufactured to ensure that it will be both safe and feasible to do so; in such cases the original manufacturer or distributor should always be consulted.
3.4 The Customer should be aware that the Goods may bear or contain hazardous chemicals or other hazardous materials which may be hazardous to life, health or to property by reason of toxicity, flammability, explosiveness or for other similar or different reasons.
3.5 If the Customer believes that the Goods may have been damaged in transit it must inform the Supplier immediately upon receipt and confirm this in writing within 48 hours of receipt, failure to do so will invalidate any claim against the Supplier, or its agents.
3.6 Statutory inspection and certification of the Goods is the sole responsibility of the Customer prior to placing in service.
5.1供应商运输和运输货物的条款应符合ICC Incoterms 2010或未来的更新。除非另有一致，否则供应商标准术语应为“前工程”。在第一个运营商上装入时，将被销售“前作品”的商品。
5.2 The Customer shall collect the Goods from the Supplier's storage facility or such other location as may be advised by the Supplier as soon as the Supplier has notified the Customer that the Goods are ready.
(a) if at the time when delivery is due there shall be any outstanding invoice issued by the Supplier to the Customer which has not been paid in full or
(b) upon occurrence of the Customer’s insolvency.
5.4 The Supplier reserves the right at any time prior to the delivery of the Goods to adjust the stated price to take into account any increase in the cost of the Goods due to:
(a) any factor beyond the Supplier’s control (including foreign exchange fluctuations, increase in taxes and duties, and increases in labour, materials and other manufacturing costs;
(c) any delay caused by any instructions of the Customer and failure by the Customer to give the Supplier adequate or accurate information or instructions.
5.5 The Customer shall only have the right to remove the Goods from the Supplier’s premises, or be entitled to delivery of the Goods if the Customer has paid all monies payable under this contract and performed all other obligations under this contract.
5.7 The Customer is responsible for the cost of all labour and plant for the removal of the Goods from the Supplier’s premises and will upon demand indemnify the Supplier for all expenses, losses, costs, injury or damage suffered in connection with the removal of the Goods howsoever caused.
5.8 If the Supplier is to deliver the Goods, the Customer will agree a delivery date and delivery address with the Supplier but time of delivery shall not be of the essence and the Supplier shall have no liability for any delivery delay.
5.9 If the Customer is collecting the Goods and exporting overseas using their own transport (either by road, sea, rail or air) the Supplier reserves the right to charge a deposit equal to that of VAT on the Goods. This deposit is refundable upon receipt of satisfactory documentation, supporting the removal of the Goods purchased. Evidence of export must be received within 90 days of invoice. Where satisfactory evidence is not provided, Goods will be subject to UK VAT at the standard rate and the deposit will not be refunded.
5.12 In all other cases, consignment of the Goods to a reputable 3rd party carrier (of which a duly issued receipt shall be determinative proof that it has been done).
5.14 Costs associated with export packaging, container or flat rack stuffing and securing will be charged to the Customer, unless agreed otherwise.
7.1 The Supplier shall provide the Services to the Customer in accordance with the Service Specification in all material respects.
7.3 Any valuations provided to a customer are for the sole use and reliance or by the customer only and are estimates only based on the information available to the supplier at the time of valuation. All valuations are approximate only. The Supplier shall not be liable for any error or omission to the customer or any third party in carrying out such valuations. The Supplier shall not be liable for any reliance on any such valuations by any third parties howsoever occasioned.
8. CUSTOMER'S OBLIGATIONS
8.1 The Customer shall:
8.3 provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer's premises, office accommodation and other facilities as reasonably required by the Supplier to provide the Services;
9.1货物的价格应当制定价格in the quotation or Purchase Order or on the Supplier’s website or, if no price is quoted, the price set out in the Supplier's published price list as at the date of delivery. The price of the Goods is payable in full prior to deliver or collection and is exclusive of VAT and all costs and charges of packaging, insurance, transport of the Goods which shall be paid by the Customer when it pays for the Goods.
9.3 In respect of Goods, the Supplier shall invoice the Customer prior to delivery or collection of the goods. In respect of Services, the Supplier shall invoice the Customer as per any agreement between the Customer and the Supplier including any quotation or estimate.
9.4 Without limiting any other right or remedy of the Supplier, if the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment (Due Date), the Supplier shall have the right to charge interest on the overdue amount at the rate set out in the Late Payment of Commercial Debts (interest) Act 1998 accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
11.1 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:
11.3 The Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or [(being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
11.6 with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.
12.1 Force majeure: The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
12.2 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
12.3 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.