Conditions of Supply
1. These terms and conditions of supply (hereinafter referred to as the Conditions) form part of any agreement for the sale of products and related services (hereinafter referred to as the Products’) by Separ UK (hereinafter referred to as Separ’) to the purchaser of the Products.
2. Unless expressly agreed in writing by Separ these Conditions will prevail over any conflicting terms and conditions purportedly applying to this agreement.
3. Placement of orders with or acceptance of the Products from Separ constitutes acceptance of these Conditions.
4 The Conditions shall be governed by English Law.
1. Payment for the Products is due on the date of invoice.
2. If payment is not made within thirty days of the due date interest will be charged on the amount unpaid at the rate of 5% per month from the due date, unless otherwise agreed in writing by Separ.
3. All prices are exclusive of value added tax or other tax applicable to the Products and shall be added to the invoice at the current rate.
4. Payment shall be made in Pounds Sterling (GBP).
Quotations Specification and Variation
1. All prices quoted are based on the specification relating to the Products or if such specification is supplied to Separ by the purchaser then on the purchaser’s specification.
2. In the event of any significant variation in the specification either given by the purchaser or being necessitated by an inability of the Products to perform their original purpose Separ reserves the right to modify the price quoted and the purchaser agrees to pay such modified price.
1. The Products supplied by Separ are warranted to be reasonably fit for the purpose for which they were purchased insofar as they are in compliance with the specification agreed with the purchaser. A return-to-base for any product is required (at the purchasers’ expense) for inspection prior to a warranty claim.
2. If the Products are not as warranted above Separ shall repair or, at its option, replace the Products on the following basis;
(a) The period of warranty shall be twelve months from the date of delivery of the Products and
(b) Products shall not have been subject to misuse, neglect or modification or used outside the parameters given in the specification.
3. All other warranties and all conditions or representations expressed or implied by statute or at common law are hereby excluded and Separ shall not be liable to the purchaser for any direct indirect or consequential losses arising.
4. Warranty claims due to shipping must be made within 5 days of delivery of goods (as recorded by delivery courier’s records).
Returns (not under warranty)
1. Should the purchaser return goods to Separ for credit or replacement for reasons other than warranty, a full inspection of the products must be actioned at the products original manufacturing plant.
2. Separ reserve the right to charge a 25% restocking fee for any returned products which are not subject to the warranty conditions as above.
3. Returned goods must be in their original packaging and must be retuned undamaged. Initial inspection at Separ’s UK offices will precede full inspection at the original manufacturing site.
4. Credit, part credit or replacement is at the decision of the quality control and inspection department of Separ.
5. Separ reserve the right to issue or not issue credit, part credit or replacement.
6. Shipping costs from the original invoice are not subject to refund or credit.
1. Credit notes will be issues for returns or warranty, a statement of account is available on request.
2. Payment/credit shall be made in punds Pounds Sterling (GBP).
Rights and Ownership
Ownership of and all rights to the Products shall remain with Separ until payment in full has been made for such Products.
In the event of non-payment or other default by the purchaser Separ shall be entitled at its sole option to pursue full payment and or return of the products and additionally to recover damages for any losses incurred. Separ shall also be entitled to suspend all further deliveries of the products, or parts thereof, notwithstanding that partial payment may have been made.
The purchaser warrants that it has all necessary rights to any information it makes available to-Separ either as part of the specification for the products or subsequently as necessary for execution of the contract.
Unavoidable Delay or Non-fulfilment
Separ will not be liable for delay or non-fulfilment of the contract due to circumstances beyond its control, including, but not limited to, acts of God, war, terrorist action, fire, non-delivery by suppliers, industrial action or actions by British or foreign governments.
Waiver of Rights
Failure of Separ to exercise any of its rights herein shall not constitute a waiver of such rights and will not preclude the subsequent exercising of those rights.
Where the Products are destined for export from the United Kingdom the purchaser agrees to abide by all laws end regulations applicable to such export and any subsequent re-export.
Copyright and Patents
Separ gives no warranty that the Products do not infringe any copyright or patent of any third party and specifically excludes all liability for any direct indirect or consequential losses arising there from.
Limitation of Liability
In any event of Separ being liable for any breach of contract or of the Conditions its total liability shall not exceed the value of the Products the subject of the contract.