Optimax Products Conditions of Sale and Repair
REPAIR TERMS AND CONDITIONS
All repairs are subject to our standard conditions of sale below.
Except in case of a warranty repair or unless stated otherwise, we will charge £18 per parcel to arrange collection of the goods from mainland UK destinations. Outside mainland and pallet rates are POA.
Conditions relating to Admin Surcharge and Repair Cost, below, do not apply in the case of a warranty repair, however should the fault not be found to be covered by warranty, a quote will be raised for repair and our terms will apply as for a standard repair.
In the event the buyer chooses not to proceed with the repair, a surcharge of £25 will be payable to cover costs incurred in quoting for the repair.
Whilst every effort is made to quote an accurate tool repair cost, we cannot always ascertain the full extent of parts required. There may be additional unforeseen costs at the time of repair.
DAMAGE IN TRANSIT
Where the company arranges collection of the goods, it is the buyer's responsibility to ensure the goods are properly packaged for return, no claims for damage in transit will be accepted where the damage is caused due to insufficient/incorrect packaging.
STANDARD CONDITIONS OF SALE
The following conditions apply to the sale, loan, hire, servicing or repair of goods supplied, repaired or serviced by Optimax Products, hereinafter called 'the Company'. These conditions supersede any earlier conditions of the Company. No alternation or addition to, nor exclusion of, any part of these conditions shall be applicable unless agreed in writing by a director of the Company.
The word 'Buyer' shall include buyer, borrower, hirer, lessee, owner or any other person who is in charge of the goods. The word 'goods' shall include equipment including spare parts and other items supplied, serviced, repaired, loaned or hired by the Company.
PRICES AND TERMS OF PAYMENT
Charges for goods or services supplied shall be paid in full on or before delivery or completion unless the Buyer has an account with the Company. Where the Buyer has an account, payment shall be made by 28 days following date of invoice. If payment is delayed, the Company reserves the right to charge interest monies outstanding at the rate of 5% per month, part month. The Company may close the Buyer's account at any time at its discretion. Should it be necessary for the Company debt collector to be instructed for the recovery of the amount shown overleaf, or any amount unpaid, a surcharge of £35.00 will be added to the outstanding debt and will become payable by the purchaser. If the Purchaser (being a company) fails to pay an account by the due date its directors will be personally, jointly and severally liable to the Seller.
Any time named by the Company for delivery is an estimate only, and while every effort will be made to deliver on time the Company will not be liable for the consequences of any delay. Claims for damage in transit or shortages shall be made in writing within 7 days of despatch of goods.
Ownership of these goods shall remain with us until full payment has been received. In case of resale, our beneficial entitlement shall attach to the proceeds of the resale.
SPECIFICATION OF GOODS: DEFECTS
It is the responsibility of the buyer to examine goods for defects in materials and/or workmanship which are likely to cause damage or injury. Illustrations, descriptions, weights and measurements are to be taken as a guide only and are not binding in detail. The Company reserves the right, without notice and without affecting the validity of the contract, to make such changes in materials, dimensions and design as are reasonable or desirable.
Where assembly of the goods is not done by the Company, the party assembling the goods must follow the instructions supplied with the goods. Failure to do so will invalidate the Companies liability for damage caused to or by the goods. The Buyer is responsible to ensure that the instructions have been obtained from the Company.
ADVICE, INFORMATION AND OPINION
Advice, information and opinion given by any employee or agent of the Company is given without legal responsibility. Any recommendation or suggestion relating to the use of goods made by the Company either in technical literature or in response to specific enquiry, is given in good faith, but it is for the Buyer to satisfy himself of the suitability of the goods for his particular purpose, and he shall be deemed to have done so.
LIMIT OF LIABILITY
The Company shall not be liable for damage or injury caused by its goods or workmanship beyond replacement of the goods or work on verification of the Buyer's complaint, when the goods are supplied to a territory outside the U.K. The liability of the Company shall not exceed in any event the liability which it would have incurred under the law. The Company shall not be liable for any consequential loss caused by its failure or delay in servicing, repairing or supplying equipment whether the loss arises from the actions or omissions of the Company, its servants, agents or subcontractors.
Guarantees given shall not be applicable outside mainland U.K. unless expressly stated otherwise by the Company in writing. Any guarantee given will be invalidated if the goods are subject to misuse or accident after the Buyer has taken delivery.