Terms of service
Any reference to “the Company” in the following terms and conditions of service
shall mean Omega Solutions Group Ltd (OSG).
Any reference to “products” in the following terms and conditions of service shall
mean provision of training, sale of goods or consultancy services.
1. GENERAL
(a) The terms and conditions shall exclude all other terms and conditions subject
always to any rights and liabilities imposed by statute. Any alterations or
variation shall be of no effect unless agreed by a senior representative of the
Company in writing. No other employee, representative or agent has authority
to vary, alter or amend these conditions in any way whatsoever.
(b) The Company will accept orders if they are in writing on a properly constituted
order from the Purchaser. Verbal enquiries and orders are accepted only on the
condition that the Company receives written confirmation from the Purchaser
within 48 hours of the verbal order or enquiry. If the Purchaser fails to give such
written confirmation within the time stipulated then the Company shall, in its
discretion, be entitled to refuse the order or enquiry or amend any quotation
given. (c) By providing a purchase order you are accepting the quotation and
agree to the order.
2. QUOTATIONS
(a) Any quotation given is valid for a period of 30 days unless otherwise stated
and is to be taken only as referring to the type of product specified in the
quotation. Any verbal quotation is subject to written confirmation and subject
to the product /service being available.
(b) All prices quoted for equipment are correct at the date of despatch. Prices
are not guaranteed and may be subjected to market fluctuation, although every
effort will be made to maintain them.
(c) All prices quoted do not include packing and carriage charges.
3. CANCELLATION
(a) The Purchaser without written agreement may not cancel any order that has
been accepted, and if any such agreement is given the Purchaser shall pay the
Company such a sum as we shall see reasonable in respect of work done.
(b) The Company reserves the right to cancel or alter the dates or provision of
service without liability and without prior notice.
4. PAYMENT & CREDIT TERMS
(a) Payment for all materials, goods and services shall become due within 30 days
of the date of the invoice or as previously agreed in writing with the Company.
All prices quoted are subject to VAT.
(b) Credit terms of payment quoted are strictly by arrangement, may be subject
to status and will be subject to any approved Credit Account. In the event of non
compliance with this clause by the Purchaser then the Company shall be entitled
to cancel any orders given without any liability to the Company.
(c) If any one invoice is not paid by the due date then the Company shall be
entitled in its absolute discretion to claim the total balance of all invoices that
have been issued at the time, irrespective of whether they are due for payment
or not. No failure by the Company to exercise its rights under this clause shall be
construed or operated as a waiver thereof.
(d) Until such payment in full the Purchaser shall clearly identify the goods or any
other goods or products belonging to the Company as being the property of the
Company.
5. INTEREST ON LATE PAYMENT
In the event of payment not being made by the due date then the Company shall
have the right (to be exercised at its discretion) to make a surcharge at a rate of
8% p.a. above bank base rate. The amount of surcharge shall be separately
shown on the invoice.
6. NOTIFICATION OF QUERIES AND COMPLAINTS
Notification of queries and/or complaints must be notified to the Company
verbally or in writing within three (3) days of receipt of the goods/service and/or
the invoice, whichever is the latter.
7. RETENTION OF TITLE
The Company shall retain full legal and beneficial ownership in all goods supplied.
Title to the invoiced goods will only pass to the Purchaser once full payment of
the invoice is received. This will apply to all transactions between the parties
unless varied in writing by both parties.
8. FORCE MAJEURE
The Company reserves the right to cancel, vary or suspend the operation of contract of sales/service if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lockouts, riot, hostilities, non-availability of materials or supplies or any other event outside the control of the Company; and the Company shall not be held liable for any breach of contract resulting from such an event..
9. WARRANTY
The Company warrants that the goods supplied are free from defects in material and
workmanship and will replace, repair or refund the price of any faulty goods within six (6) months of delivery. This shall not be the case if the goods have been subject to misuse or abuse of any kind and does not cover wear and tear. All warranty is conferred to the initial Purchaser and is not transferable on resale.
10. DELIVERY
(a) Unless otherwise agreed in writing, time is not of the essence of the contract but the Company undertakes to use its best endeavours to execute orders and to effect delivery
in a reasonable time. Any date or time given by the Company to the Purchaser is an
estimate only and shall not be considered a contractual obligation.
(b) The Company shall not be liable for any failure to perform any part of the agreement
if performance has been delayed, hindered or prevented by any circumstances
whatsoever, which are not within the control of the Company and are not preventable by
reasonable diligence on its part and without prejudice to the generality of the foregoing.
(c) Under no circumstances shall the Purchaser be entitled to rescind this contract on the grounds of the failure by the Company to deliver one or more instalments of the goods.
(d) Non-delivery must be notified to the Company within five (5) working days of the
invoice.
(e) The Company may cancel this contract at any time before the goods are delivered by giving written notice to the Purchaser. On giving such notice the Company shall promptly repay to the Purchaser any sums paid in respect of the order. The Company shall not be liable for any loss or damage whatsoever arising from such cancellation.
(f) The Company shall not be liable for any loss or damage arising from delayed or
cancelled deliveries whether caused directly by the actions of the Company, a third party or force majeure.
11. CLAIMS
(a) All claims made against the Company for damage or short deliveries should be advised in writing within three (3) working days of receipt of goods. All deliveries should be inspected immediately upon receipt and any damage or short deliveries should be detailed on the carriers’ paperwork when signing for a delivery.
(b) Submission of the complaint shall not excuse payment or any delay in payment by the Purchaser.
(c) The Purchaser shall retain any allegedly defective or damaged goods until inspection by the Company. Failure to observe this requirement shall be an absolute bar to any claim by the Purchaser.
12. RETURNS
Goods will not be accepted for return for credit unless previously agreed and must be
received in the original packaging in a resalable condition. Goods accepted by
arrangement will be subject to a 15% administration and handling charge. Please call or email the Company to obtain a returns authorisation number prior to returning any
goods. The return of the goods will be at the expense of the Purchaser.
13. BESPOKE OR SPECIAL ORDERS
Bespoke products made to specific customer requirements or special orders cannot be returned for credit/replacement.
14. BREACH
If the Purchaser commits any breach of the terms of this agreement or being a Company has a Resolution or Petition for its winding up passed or presented, or a Receiver or Manager is appointed or, if a natural person commits any act of bankruptcy or enters into any composition with creditors, or suffers any execution to be levied upon its goods, the Company shall be entitled in its absolute discretion to terminate the contract or suspend its performance and all sums in respect of products delivered to the Purchaser shall become payable forthwith.
15. INDEMNITY
The Purchaser shall indemnify the Company against any loss, damage or delay arising as a result of poor site conditions.
16. LAW APPLICABLE
In the event of a default of this agreement, English Law shall govern these Terms and
Conditions of Sale/Service.