Terms & Conditions

Genesis Precision Engineering Ltd - Standard Terms and Conditions of Sale

Definitions
In these conditions, the following definitions and rules of interpretation shall apply:

"Buyer" means the person or organisation who accepts a quotation from the Seller for the sale of the goods or whose order for the goods is accepted by the Seller.

“Contract” means the contract for the sale and purchase of the goods between Genesis Precision Engineering Ltd and the purchaser of the goods in accordance with these conditions.

"Company" or “Seller” means Genesis Precision Engineering Ltd (registered in England No. 4157973).

“Customer” means the the person, organisation or company who has agreed to purchase the goods or services from the Company.

"Goods" means the products of any kind manufactured or sold by the company.

“Services” means work of any kind carried out by the Company.

"Conditions" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Director of the Company.

The Order and Prices
All orders submitted by the Buyer cannot be deemed as accepted by the Company until confirmed in writing by the Company’s authorised representative.

The price of the goods or service shall be the Company’s quoted price which will be binding upon the Company provided that the Buyer shall accept the Company’s quotation within 30 days. The quoted price is exclusive of VAT which shall be due at the rate ruling on the date of the Company’s invoice.

In the event that information given by the Buyer to the Company differs from that on which the quotation was based and involves the alteration of the quotation, the Company may increase the price quoted therein to cover any increase in cost that the alteration may incur and amend the delivery date.

Unless otherwise stated, prices quoted will be exclusive of carriage and packaging. If the goods are delivered directly by the Company, carriage charges will not apply. Unless otherwise agreed in writing all jigs and fixtures remain the property of the Company.

Where the quantity ordered or a delivery call off in instalments varies from those specified in the quotation, the prices shall be subject to adjustments as appropriate.

Small Order Charge
We reserve the right to levy such a charge as may be deemed necessary at the Company’s option on orders of less than £100.

Payment Terms
Unless otherwise stated or agreed in writing, invoices will be generated on the same day that the goods are despatched or made ready for despatch (if retained at the Buyer’s request) and will become payable as per the payment terms stated on the invoice.

Our standard payment terms are 30 days from date of invoice. Noncompliance with these terms may constitute a breach of contract on the part of the Customer and entitle the Seller to take any action deemed necessary, including the right to refuse to supply more goods, terminate the contract and initiate legal proceedings to recover any monies due.

Where a pro-forma invoice is issued by the Seller for a deposit or payment in full to the Customer no work shall commence until the full amount of the invoice is received. The quoted time for delivery will be extended by an equivalent period if the payment is not immediately forthcoming. When the Customer has paid the deposit as required upon placement of an order the balance payment must be paid prior to delivery of the Goods or completion of the Services.

The Company reserves the right to charge interest on outstanding payments at the ‘statutory interest’ rate, currently 8%, plus the Bank of England’s base rate, per month until the sum due is paid and any costs incurred in relation to the recovery of any such sum shall be charged to the customer.

Delivery
It shall be understood that the delivery date quoted is an estimate only and will be from the time that the Company acknowledges the Order and not from Order receipt. Every endeavor will be made to meet the acknowledged delivery date however time for delivery may be extended by a reasonable period if a delay is caused by instructions or lack of instruction from the Buyer. Time for delivery shall not be of the essence unless previously agreed by the Company in writing. Delivery of goods by the Company to the Customer will be in accordance to the Buyer’s purchase order or Contract unless otherwise agreed in writing. The Company however shall not be liable for any delay in delivery.

Specification
The quantity, description and specification for the Goods shall be those set out in the Company's quotation (if accepted by the Buyer) or the Buyer's order (if accepted by the Company). The Company accepts no responsibility for the accuracy of information or drawings supplied by the Customer. The Customer shall indemnify the Company from and against all actions, claims, costs and proceedings that arise due to the manufacture of components according to the drawings and specifications of the Customer, where such drawings and specifications of the Customer are incorrect.

The Company will accept no liability for any failure to attain any performance figures quoted unless the Company has specifically guaranteed them, subject to any tolerances specified or agreed.

Inspection
Unless otherwise agreed in writing, the Company will carry out all inspection checks on all goods as per the guidelines documented in the Company’s ISO manuals. Any additional tests, inspections or CMM reports required by the Buyer will be invoiced to the Buyer’s account.

Retention of Title
Until such time as full payment is received by the Company for all goods whatsoever supplied by the Company to the Customer and the Customer has paid in full any other monies owing to the Company all goods shall remain the property of the Company and the Customer shall hold the goods as bailee for the Company and shall store the goods in such a way that it is clear that they are the property of the Company. The Customer’s right to possession of the goods shall cease if he (not being a Company) has a bankruptcy order made against him or enters into any voluntary arrangement moratorium or composition with his creditors or if, being a company, the Customer has an Administrative Receiver appointed over its assets or enters into liquidation (compulsory or voluntary) or becomes the subject of an application to the Court for an administration order and the Company may at that time (without prejudice to its other rights and remedies including the right to sue for the price of the goods) terminate the Customer’s right to sell the goods and recover or recall all or any of its goods in the Customer’s possession or under the Customer’s control and the Company is hereby irrevocably authorised to enter upon the Customer’s premises to recover the goods.

The Customer shall have the right to sell the goods in the ordinary course of its business and shall hold any proceeds of sale in respect of goods (which shall be kept in a separate account) any rights arising from any sale thereof as trustees for the Company.

Guarantee
The Company will repair or at its option replace free of charge any goods which are shown to the reasonable satisfaction of the Company to be defective due to faulty materials or workmanship within twelve months from the date of invoice. Any exclusion to this will be agreed in writing with the Buyer. The Company shall collect the defect parts and dispatch the rectified goods to the Customer carriage paid.

Liability
No liability is accepted for any direct or indirect cost, damage or expense relating to property or injury or loss to any persons to whatever extent arising from the sale, use or installation of the goods or from any defect in the goods otherwise than provided by the law. In no event shall any failure of any kind on the part of the Company give rise to any liability for loss of revenue or any other consequential loss or damage arising from any reason whatsoever.

Claims

The Buyer shall, upon delivery of the goods, examine them to determine their quality and quantity and shall immediately advise the Company of any damage or discrepancy. After a period of 14 days from the date of delivery the Company shall not be liable if the Buyer has failed to do this and suffers damage or loss. The Company reserves the right to refuse any claims made outside the time limits set out above.

Cancellation
A cancellation of order or Contract will only be accepted with the written consent of the Company and on terms which indemnify it against all loss. This may result in a cancellation charge being levied.

Force Majeure
No liability will be accepted by the Company for any default or delay in performance which is due wholly or partially to Act of God, war, fire, explosion, riot, civil disturbance, restriction by government or other legitimate authorities, strikes or industrial action, lockouts, failure from a supplier to the company of raw materials or for any cause whatsoever beyond the reasonable control of the Company.

Notices
Any notice required, or to be given by either the Company or the Buyer in accordance with the Contract of sale under these Conditions shall be in writing, addressed to the other party at its registered office or principal place of business.


Third Party Rights

The Parties to this Contract do not intend any term of this Contract to be enforceable by a third party pursuant to the Contracts (Rights of Third Parties) Act 1999.


Disputes
Any dispute arising under or in connection with these Conditions or the sale of the Goods shall be resolved by the English Courts and the Buyer submits to the exclusive jurisdiction of The English Courts and agrees that the Contract shall be governed by the laws of England.

Investing for the future, our highly skilled and well-trained staff, coupled with the latest in CNC machinery and technology, help us to maintain the high level of service our customers are looking for. Our aim is to deliver the best service every time.

Contact Us

Unit C4
Button End Industrial Estate
Harston
Cambridge
CB22 7GX

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TEL: +44 (0)1223 870004
FAX: +44 (0)1223 872025