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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. INTERPRETATION
1.1 Definitions. In these Conditions, the following definitions apply:
合同:供应商与客户之间的合同按照这些条件供应商品和/或服务。金博宝188吧
客户:购买商品和/或供应商服务的人或公司。金博宝188吧
可交付成果:可交付成果以供应商的报价或采购订单列出。
Goods: the goods (or any part of them) set out in the Supplier’s Quotation or Purchase Order.
商品规格:商品的任何规范,包括任何相关计划或图纸,以客户和供应商达成一致。
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.
金博宝188吧服务:在服务规范中所载的客户提供给客户提供的服务,包括估值和可交付成果。
服务规范:供应商向客户写入的服务的描述或规范。金博宝188吧
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.
2.2当供应商以书面或口头确认订单确认订单时(或者未通过供应商采取任何措施执行订单)时,才会被视为可被视为令人认为是被视为何时和执行订单的任何步骤)进入存在(开始日期)。
2.3合同构成各方之间的全部协议。客户承认,它并未依赖于由合同中未列出的供应商或代表供应商提供的任何陈述,承诺或代表。
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by the Supplier shall be subject to these terms and conditions, but shall not constitute an offer and unless previously withdrawn by the Supplier shall remain open for a period of 30 days from its date of issue.
2.6供应商建议客户在任何合同之前对货物的现场检查,并依靠自己的检查。
2.7这些条件适用于缔约国排除客户旨在施加或纳入或纳入的任何其他条款,或者由贸易,习俗,实践或交易过程中暗示。为了避免疑问,这些标准条款和条件的条款与任何其他合同文件发生冲突,这些条款将占上风。
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
3.1所有商品都是“如所看到的”,除非供应商另有书面达成相同。因此,客户有责任进行任何测试和检查,以确定是否在购买前向客户提供令人满意的条件。
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.
3.3客户应该意识到货物可能已由其原始规范由先前的所有者修改,因此客户应彻底检查货物,以确保其适合预期目的。如果客户指示供应商对商品进行任何修改或维修,则客户有责任确保在交付和安装之前满足客户的规格和要求。
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.
4. GOODS
4.1货物在供应商的文件和供应商网站上描述。
5.收集,交付和出口货物
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.
5.3如果需要,供应商应以额外的收费将货物交付给客户,该费用也在送货前全额或部分应付,并且在报价和/或客户的采购订单中详细说明了VAT。供应商应将货物交付给订单或其他地点的位置,因为当事人可能会同意。供应商保留扣留部分或全部货物的权利:
(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;
(b)客户改变订购的货物的交货日期,数量或类型的任何请求;要么
(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.
5.6客户必须以其自费,除非另有约定,删除供应商处于商定的拆卸日期的商品,未通过供应商向客户收取所有合理的储存费用。
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.
5.10如果客户在海外出口货物,客户负责确保(以其成本为单位),以便他们掌握所有必要的许可,许可证和许可证,以便任何商品出口到英国以外的任何商品。
5.11如果供应商是在海外出口货物,供应商将满足其交付义务(包括在英国以外的任何商品的所有必要许可,许可证和许可)就货物托运到托运人交付给目的地港口(其中一名提单应确定它已经完成的决定性证据);
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).
5.13供应商保留部分或全部分包货运代理和运输服务的权利,并不接受不适用的保护或包装的破损或过境损害。金博宝188吧
5.14 Costs associated with export packaging, container or flat rack stuffing and securing will be charged to the Customer, unless agreed otherwise.
5.15除非在书面上另行商品,否则运输期间货物保险是客户的责任。
6.标题和风险
6.1货物的风险应在完成付款后传递给客户。
6.2货物的所有权不得转到客户,直到供应商收到全额(现金或已清除资金)付款,以便货物和交付(如适用)。
7.服务供应金博宝188吧
7.1 The Supplier shall provide the Services to the Customer in accordance with the Service Specification in all material respects.
7.2供应商应使用所有合理的努力,满足任何报价或采购订单中规定的服务的任何绩效日期,但任何此类日期都应估计,时间不得对服务履行的本质。金博宝188吧
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:
8.2在与服务有关的所有事项中与供应商合作;金博宝188吧
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;
8.4为供应商提供此类信息和材料,因为供应商可以合理地要求提供服务,并确保此类信息在所有重大方面都准确;金博宝188吧
9.收费和付款
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.
9.2服务的费用应按时间和材料为基础。金博宝188吧收费应按照载体的标准税率计算,如报价所述。
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.
9.5客户应在合同下支付所有金额,没有任何扣除或扣缴,除非法律要求,客户不得有权向供应商扣除任何信用,撤销或反诉,以证明扣缴扣缴任何此类金额全部或部分。供应商可能在不限制其其他权利或补救措施的情况下,客户通过客户抵消供应商向客户应付的任何金额来撤销任何金额。
10.责任限制:顾客的注意力特别拟订
10.1在这些条件中没有任何内容,应限制或排除供应商因其疏忽造成的死亡或人身伤害的责任,或雇员,代理商或分包商的疏忽;
10.2根据第10.1条,供应商在任何情况下,无论是责任,无论是合同,侵权(包括疏忽),违反法定义务,还是其他损失,或任何间接或后果损失在合同下或与合同有关;和
10.3除非在这些条件下列出,法规或普通法暗示的所有保证,条件和其他术语都是法律允许的最大限度,不包括在合同之外。
11. TERMINATION
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:
11.2客户在本合同下违反其义务违反其义务,(如果此类违约是可弥补的)未能在收到违约书面通知后7天内违反纠正;]
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;
11.4在不限制其其他权利或补救措施,供应商可以终止合同:
11.5通过给予客户1个月书面通知;
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.
12.一般
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.