FORMATION OF CONTRACT.
Ankef Ltd contracts with the Customer in accordance with the following terms only. These terms are deemed to be accepted by The Customer unless express written variations are negotiated which may only be authorised be a director of Ankef Ltd.
Orders accepted by Ankef Ltd either orally or In writing shall not be cancelled either wholly or in part, nor may the Customer suspend the deliveries hereunder without the consent In witting of a director of the Firm and subject to compliance by the Customer with such reasonable requirements as to compensation for costs Incurred by Ankef Ltd.
Prices are always those ruling at the time of delivery of the goods or hire of the equipment.
a) Ankef Ltd reserve all rights as to whether to use its own transport.
b) Where outside carriers are used, Ankef Ltd where possible will follow the Customer's request.
c) The Customer must immediately notify Ankef Ltd in writing if the goods have not been received within seven days of the date of the Firm's advice
note or invoice.
d) The Customer must notify Ankef Ltd and the Carrier In writing within one working day of receipt of any breakage or shortage.
e) Ankef Ltd when notified of any damage In transit reserves the option to repair or replace the goods providing notification of damage has been made
within one working day of receipt and all rules and conditions of the Carrier relating to damaged, destroyed or missing goods nave been complied with
f) Risk shall pass to the Customer on delivery not withstanding that ownership shall remain with Ankef Ltd until payment is made.
PROPERTY AND RISK
a) Until the price for the goods has been paid in full to Ankef Ltd, the Customer shall remain a bailee only and the ownership of the goods shall remain
with Ankef Ltd.
b) Similarly, where parts are supplied by Ankef Ltd in contracts of repair, service, rectification or modification, the property in parts will remain with
Ankef Ltd until payment is made by the Customer.
c) If the customer incorporates goods owned by Ankef Ltd into other products with the addition of his own goods or those of others, of uses such goods
as materials for other products with or without such addition, the property in those other products is upon such incorporation or use Ipso facto
transferred to Ankef Ltd and the Customer as bailee of them will store the same for Ankef Ltd in a proper manner without charge to the Firm.
d) The Customer has the right to sell the goods or such other products to a bona fide purchaser within the framework of the normal carrying on of his
business and to deliver them on condition that if Ankef Ltd so requires the Customer as long as he has not fully discharged his debt to Ankef Ltd shall
hand over to the Firm claims he has against his purchaser emanating from this transaction. Where Ankef Ltd exercises this requirement It will account
to the Customer for any excess of proceeds from the Customer's purchaser less any expenses necessarily incurred.
e) Where the Customer received payment from his purchaser for goods belonging to Ankef Ltd, the Customer has a fiduciary duty to the Firm to account
to Ankef Ltd for the proceeds but may retain therefrom any excess of such products over the amount outstanding and due to Ankef Ltd.
f) The Customer grants Ankef Ltd an irrevocable and licence to enter the Customer's premises where Ankef Ltd goods are in possession for the purpose
of repossession and this right and licence shall extend to any authorised employee or agent of the Firm and to the Firm’s vehicles.
INSTRUCTIONS FOR SAFE USE.
Customers are advised to ensure that themselves, their employees agents and purchasers read the Instructions supplied with the goods, follow those
instructions and if they have any difficulty in interpreting the instructions shall seek advice from Ankef Ltd prior to using any machine.
RETURNS FOR CREDIT.
Ankef Ltd disclaims any liability for goods returned without their written consent. Any goods approved for return must be advised in writing quoting the
Firm's invoice number. The Firm disclaims liability for any return whilst In transit to Ankef Ltd. Ankef Ltd reserves the right to charge a reasonable handling
charge where this is justified.
a) Payment terms will be stated on each invoice.
b) Ankef Ltd at its discretion reserves The right to withdraw any discount given off the list price of the goods if payment for the goods is not received by
the date or terms stated on the invoice. Ankef Ltd can exercise this right in addition to any other rights it may have in respect of the goods or nonpayment.
c) Ankef Ltd at its discretion also reserves the right to charge interest on accounts outstanding beyond the payment date or terms stated on the invoice.
The rate of interest shall be 2.5% per month. Ankef Ltd reserves the right to charge this rate of interest at any time. Ankef Ltd can exercise this right in
addition to any other rights it may have in respect of the goods or non-payment.
The rights Of Ankef Ltd or the Customer shall not be prejudiced or restricted by an indulgence or forbearance extended by either party to The other and waiver of rights by either party in respect of any breach by the other shall operate as a waiver in respect of any other or subsequent breach.
Ankef Ltd accepts no responsibility for loss, delay or non-delivery arising by reason of riot, civil commotion, war whether declared or not, accident, shortened hours of labour, strikes, lockouts, storm, flood, fire or any other circumstances (whether of the kind hereinbefore mentioned or not) beyond the control of the Firm.
These terms shall in all respects be constructed and operate as any English contract in conformity with English law
No employee of Ankef Ltd is authorised to vary these conditions orally and an oral variations shall be invalid.
Ankef Ltd undertake to return to the manufacturer any goods for warranty claims provided that the original machines have been registered under the manufacturer's terms and that such goods are accompanied by the relevant details required by the manufacturer. Ankef Ltd do not accept any liability for any such claims, which are rejected by the manufacturer for whatever reasons. It is the responsibility of the Customer to return items to Ankef Ltd for transfer to the manufacturer.
Ankef Ltd will be liable for direct loss and damage to persons or property to the extent caused by our negligence in the performance of our obligations but not otherwise provided that -
a) Our total liability for such loss or damage shall not exceed £500,000.
b) Ankef Ltd shall not be liable to its agents or customers for any loss of profits or contracts or other consequential loss.
c) Written notice of a claim shall be given to us not later than three months from the date of the occurrence giving rise to the loss or damage above referred to. Ankef Ltd' liability in respect of any defect or failure of the goods supplied or for any loss or injury or damage attributable thereto and all warranties conditions or liabilities are hereby excluded except as provided above and except for our liability for death or personal injury caused by our negligence.