TERMS AND CONDITIONS OF SALE
In these terms and conditions:
THE COMPANY, means CKT Aero Engines Ltd
THE BUYER, means any company, firm, or individual from whom the company has received an order which the company has accepted in writing( be it by letter, fax, or email).
THE GOODS, means the products, materials and/or services to be supplied by the company.
The Company accepts orders for the supply of goods subject only to these conditions of sale. The buyer accepts that these conditions shall govern relationships between himself and the company to the exclusion of any other terms including without limitation, conditions and warranties (written, or oral, expressed or implied) even if contained in any of the buyer’s documents which purports to provide that the buyers own terms and conditions shall prevail. No variation or qualification of these or of any quotation or order arising therefrom shall be valid unless agreed in writing by the company All orders placed require the official order confirmation from the company which will clearly indicate the type of engine and equipment the company will supply in accordance with the company’s interpretation of the buyer’s purchase request
- ORDER PLACEMENT ENGINES
On the buyer’s receipt of the order confirmation the buyer must transfer to the company 50 percent of the purchase price (less tax) as listed in the order confirmation, this payment is a non-refundable deposit . On completion of engine final testing the buyer must transfer the remainder of the purchase price inclusive of all taxes and delivery charges within seven working days from notification to the buyer of testing completion and that the engine is ready for despatch.
- ORDER PLACEMENT PARTS AND ACCESSORIES
All orders placed for assemblies, components or sundry items will be on the basis of payment with order unless the buyer has a recognised account with the company,( see payment terms)
- BASIC WARRANTY
CKT Aero Engines Ltd warrants each new Diesel aircraft engine and each new replacement part therefor, sold by it to be free from defects in material and workmanship appearing within 6 calendar months from the date of first operation. CKT Aero Engines obligation under this warranty shall be limited to its choice of repair or replacement, on an exchange basis, of the engine or any part of the engine or the replacement part, when CKT Engines has determined that the engine is defective in material or workmanship. Any engine or part installed during such repair or replacement will be warranted for the remainder of the basic warranty period.
- PURCHASER’S OBLIGATIONS
The engine must have received normal use and service. You must make a warranty claim with the company or an authorised distributor within 30 days of the appearance of the defect in material or workmanship. CKT Aero Engines reserves the right to deny any warranty claim if it reasonably determines that the engine or part has been subjected to accident or used, adjusted, altered, handled, maintained or stored other than as directed in the operator’s manual. CKT Aero Engines may change construction of the engine at any time without incurring any obligation to incorporate such alterations in parts or complete engine previously sold.
All prices quoted are exclusive of Value Added Tax (VAT), and VAT will be added to all invoices at the rate of tax applicable at the date of invoicing. Export orders placed by buyers located in overseas countries not subject to VAT will be VAT free subject to the order being placed and confirmed from the Vat free country and delivery is direct to the buyer or through a registered shipping company providing the correct export documentation and certificates. Export orders placed by buyers for deliverer within the United Kingdom will be inclusive of VAT.(VAT can be claimed back on subsequent export of the goods) Should confirmed orders be subject to any additional duty or changes in tax rates, in excess of the company’s’ quotation, order confirmation or invoice the buyer shall be charged and will pay such extra duties, tax or surcharge.
Delivery will be deemed to be effective when the goods are unloaded at the delivery address nominated by the buyer or his agent for delivery save where the goods are to be collected by the buyer or his agent when the goods are loaded onto his vehicle collecting them. The company reserves the right to deliver goods by instalment and in such event each instalment shall be treated as a separate contract provided that deliveries of further instalments may be withheld until the goods or materials comprised in earlier instalments have been paid for in full.
- TIME FOR DELIVERY
Any period of times quoted or accepted by the company for despatch, delivery or completion of the order are to be treated as estimates only and therefore not involving the company in any liability to the buyer in respect to any loss suffered as a result of failure to despatch, deliver or complete within such a period of time.
Accounts are payable at the end of the month following the month in which despatch took place, where only part of the goods are despatched payment shall be made on the contract price attributable to the goods despatched. Unless otherwise agreed in writing, payments shall be made in Pounds sterling. No claim by the buyer under warranty or otherwise shall entitle the buyer to any deduction, retention or withholding of any part of any sum due for payment hereunder. The buyer shall not be entitled to any setoff of obligations within or between contracts with the company.
No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless in the case of damage in transit or shortage of delivery a separate notice in writing is given to the carrier concerned and the company within seven days of receipt of goods. Any dispute between the parties as to whether any goods are defective in quality or state or otherwise not in accordance with the contract shall be referred In accordance with the conditions of the arbitration Act 1950 and 1979 or any statutory modification or re-enactment thereof for the time being in force, to a single arbitrator to be agreed between the seller and the buyer or in default of agreement to be nominated by the president for the time being of the law society of England and Wales.
Whilst risk to goods supplied to the buyer under the contract shall pass on delivery, legal and beneficial ownership of the goods shall remain with the company until such time as the company has received payment in full for all goods supplied to the buyer. Notwithstanding terms of payment specified here in or elsewhere payment for all goods supplied to the buyer shall be due immediately upon the commencement of any act or proceeding in which the buyers solvency is involved (whether voluntary or upon application to any court) or upon the appointment of a receiver over the whole or any part of the buyer’s assets or undertaking and upon such accordance the power of the sale granted to the buyer above shall automatically determine. Until the company is paid in full for all goods supplied the buyer is and shall remain a fiduciary for the company in respect of the goods and if the buyer sells or allows to be sold the goods the proceeds of sale shall be held in a separate clearly identifiable account and the beneficial interest of the company shall attach to the proceeds of sale and company shall have the right to trace such proceeds of sale if any of the goods are incorporated or used in other products before full payment has been made of all goods supplied under the contract has been made tittle in such products shall be and remain with the company until full payment has been made or such products have been sold and all of the above provisions of this clause shall extend to such products.
If the company makes any variations to the goods in any way from the agreed specifications at the customer’s request or pursuant to any legal requirement the customer shall pay in addition to all other sums payable under this contract the cost of variation insofar as the same increases the cost incurred by the company in performing this contract.
- CANCELLATION BY THE BUYER
The buyer may cancel or suspend the contract only with the company’s’ prior written consent following agreement by the buyer to reimburse the company in an amount to be determined by the company.
- TERMINATION BY THE COMPANY
The company shall (without prejudice to any of its other rights hereunder) be entitled to terminate any contract forthwith by written notice to the buyer if the buyer shall become insolvent, fails to pay any amounts falling due (whether under these condition or otherwise) to the company within twenty eight days of the date payment is due, seeks the appointment of a receiver, Passes a resolution for- winding up (other than for the purpose of bona fide amalgamation or bona fide reconstruction or) Commits a breach of any term of the contract or any other contract with the company.
- LIMITATIONS OF LIABILITY
The company shall not be liable for any expenditure loss (including without limitation economic indirect or consequential loss) damage of injury (other than personal injury arising out of negligence for which we must accept liability in accordance with the unfair contracts terms act 1977 where you are a UK customer for UK supply) arising out of any use or dealing with the goods howsoever such expenditure loss damage or injury shall arise and whether any defect in the goods or otherwise The buyer shall indemnify the company against any claim or cost actions or demands whatsoever and howsoever arising made by any third party (including the buyer’s employees) whether direct or indirect including without limitation those relating to the use of the goods and those arising as a result of the operation of the consumer protection act 1987
- FORCE MAJEURE
In the event of the company being delayed or prevented from performing its obligations hereunder owing to any cause whatsoever beyond the company’s control including without limitation act of god, war, strikes, lockout, trade disputes difficulty in obtaining workmen or materials, breakdown of equipment or any other cause, the company will not be liable for any loss damage or expense incurred and shall be at liberty to cancel or suspend the contract without incurring any liability arising therefrom and the customer shall not be entitled to terminate the contract.
- LAW AND INTERPRETATION
This contract represents the entire agreement between the parties and supersedes all earlier warranties representations or statements (whether oral or in writing) and may only be varied or amended in writing between the parties. The contract shall be deemed to be a contract made in England and shall be construed according to the law of England. Any dispute shall be referred to an English court which shall have sole jurisdiction.