1.0 General terms and conditions
1.1. The General terms and conditions of sale and delivery shall apply to all contracts entered into by Delta Flowtech unless otherwise agreed in writing and such agreement shall only concern that specific contract.
1.2. All prices stated in quotations and order confirmations shall be indicated in £ GBP and shall be exclusive of VAT.
1.3. Errors and Omissions excepted. Delta Flowtech shall not be liable for any misprints, erroneous calculations given or written or any other errors in administration made.
1.4. All quotations made by Delta Flowtech are valid for 30 days. Quotations can be withdrawn at any time.
1.5. Orders received are only accepted upon confirmation or supply of the goods.
1.7 Deliveries are ex works. Carriage and transport is charged in addition to goods.
1.8. A minimum order charge applies of £100 unless agreed in writing beforehand.
1.9. Products which are ordered and have to be manufactured just for that order (whether standard or special items) will be invoiced in full in the event of a cancellation more than 24 hours after placing the order. Delta Flowtech will not bear the cost of items only produced for a specific customer for which we have no other purpose.
2.0. Export legislation applies to controls that may be in force and this may apply restrictions of sales to certain countries.
2.1. Returns must be complete, in their original undamaged packaging and returned within 14 days of receipt. A cancellation charge of 25% plus the full cost of the original transport shall apply.
2.2 Terms of payment
2.3. Terms are 30 days net monthly for account customers, unless otherwise agreed in writing.
2.4. Overdue payments shall be charged interest on the amount due at a rate of two (2) per cent per month as from the due date.
2.5 Time of delivery
2.6. All delivery times indicated shall be approximate times of delivery for the product unless Delta Flowtech has accepted a specific time of delivery in writing.
2.7. Cancellation is accepted where Delta Flowtech fails to deliver due to material issues within 15 days of the required date.
General terms and conditions of sale and delivery
2.8. Circumstances beyond the control of Delta Flowtech which we cannot be liable for include for example, earthquakes, war, mobilisation, riots, civil unrest, supplier failure, government intervention or intervention by local authorities, strike, blockade or lockout, product shortage due to allocation, import or export bans, natural disasters, fire or other circumstances.
2.9 Duty to complain and duty to inspect
3.0. The Purchaser undertakes to inspect the products delivered immediately on receipt to ensure:
3.1. that the number of products received is as agreed;
3.2. that the description on the packaging is as agreed; and
3.3. that no visual damage has been caused to the products delivered and that the products delivered are not defective or non-conforming in any way.
3.4. Any complaint made pursuant to Clause shall be made immediately. Complaints made pursuant to Clauses.
3.5 Complaints shall be made within seven (7) days of the receipt of the products delivered; however, the Purchaser shall immediately complain about damage in transit to the carrier by way of a note to this effect on the transport document. The Purchaser shall not be entitled to set up claims at a later date in respect of any such defects or non-conformities as should have been found by inspection in compliance with the duty to inspect provided for.
3.6. Other than the provisions set out above the Purchaser shall be obliged to complain about any defects or non-conformities found in products delivered without undue delay after the Purchaser has detected or ought to have detected such defect or non-conformity. 8.0 Sales and product information
3.7. Quotations, drawings, descriptive material and similar documents shall not without the consent of Delta Flowtech be copied, reproduced or made available to any third person.
3.8. Delta Flowtech retains the rights in drawings, descriptive material and similar documents submitted to the Purchaser prior to, during and after the conclusion or expiry of the contract.
4.0. Products delivered shall be covered by a 12-month warranty as from the date of invoice. The warranty shall cover any defects in workmanship or materials.
4.1. Cover under the warranty shall be subject to the Purchaser’s compliance with the terms of payment. Should the Purchaser at the time of any warranty event be in arrears with payments, the warranty shall lapse.
4.2. In the event of any changes to the products delivered or the installation or use thereof contrary to the instructions issued by Delta Flowtech, the warranty shall lapse. Cover under the warranty shall also be conditional on the product being used in accordance with the generally accepted practice.
4.3. The liability does not cover consequential loss. Only the product is covered and either a replacement or a credit note by agreement shall be the limit of liability.
4.4 Intellectual property
4.5 Delta Flowtech has exclusive rights to title, and interest in trademarks, logos and other markings of Delta Flowtech relating to the products, as well as in any and all manuals or documents provided by Delta Flowtech relating to the products.
4.6. Delta Flowtech claims and reserves all rights and benefits afforded under national and international intellectual property laws in all Intellectual property relating to the products. “Intellectual Property” means all intellectual property and/or proprietary rights, including without limitation all rights of inventorship and authorship, in inventions, patents, patent applications, and know how, for any product, process, method, machine, manufacture, design, composition of matter, or any new or useful improvement thereof, as well as all copyrights, trademark, trade dress and service mark rights and all rights in trade secrets, computer software, data and databases, and mask works.
4.7. Buyer is not authorized to make any changes, additions, improvements, alterations, or modifications of any sort to the products. This will invalidate the warranty in any event.
4.8. The rights and obligations set forth in this section shall survive the termination of this agreement.
4.9 Reservations for changes
5.0. Delta Flowtech reserves the right to make changes to products offered. Products supplied may differ in appearance to those in the catalogue as changes occur. This reservation shall also include products already ordered provided that it can be assumed that the changes contemplated will not materially affect the functionality of the products.
5.2. The present General terms and conditions of sale and delivery, all contracts concluded in relation thereto as well as all disputes arising out of these General terms and conditions of sale and delivery shall be subject to UK law.