Terms and Conditions

Trading Terms and Conditions of INTEK Installations

You are strongly advised to read these terms and conditions before entering into any contract with INTEK installations.
 
1.       Definitions
1.1      Buyer – the person, firm or company who purchases goods from Intek.
1.2      Intek – INTEK Installations, Garretts Green Lane, Birmingham, UK B33 0UE.
1.3      Contract – any contract between Intek and the buyer for the sale and purchase of any goods.
1.4      Goods – any goods agreed in a contact to be supplied by Intek.
 
2.       Application of terms
2.1      Unless otherwise stated in writing by ourselves, orders are only accepted on the following terms and conditions. Where these terms and conditions are contrary to any stipulations of the buyer's terms and conditions the following are deemed to have been accepted by the prospective buyer and take precedence over all other terms and conditions as governed under English Law.
2.2      These conditions apply to all Intek’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by the director of Intek. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Intek which is not set out in the contract. Nothing in this condition shall exclude or limit the Intek's liability for fraudulent misrepresentation.
2.3      Each order or acceptance of a quotation for Goods by the Buyer from Intek shall be deemed to be an offer by the Buyer to purchase Goods subject to these conditions.
2.4      The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
2.5      Any quotation is valid for a period of 30 days only from its date.
2.6      After formation of a Contract any alterations to the specification or quantity of Goods ordered or return of part or all of the Goods shall only be permitted with the written agreement of Intek in which event an administration and (if applicable) transport charge may be payable by the Buyer.
 
3.     Communications
All communications between the parties about the Contract shall be delivered by hand, sent by pre-paid post or sent by fax or e-mail: 
(a) (in case of communications to Intek) to its registered office, fax number, employee e-mail address or such changed addresses as shall be notified to the Buyer by Intek; or 
(b) (in the case of the communications to the Buyer) to the registered office of the addressee, fax number or employee e-mail address (if it is a company) or (in any other case) to any addresses (e-mail or other) of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to Intek by the Buyer.
 
4.     Product description
4.1      The quantity and description of the Goods shall be as set out in the Buyer’s quotation or acknowledgement of order.
4.2      All samples, drawings, descriptive matter, specifications and advertising issued by Intek and any descriptions or illustrations contained in Intek’s catalogues, brochures or website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract.
 
5.     Delivery
5.1      The Buyer shall take delivery of the Goods within 30 days of Intek giving them notice that the Goods are ready for delivery.
5.2      Any dates specified by Intek for delivery of the Goods (at the time of quotation) are intended to be an estimate.
5.3      Definitive delivery dates must be arranged no less than 10 working days prior to the required date.
5.4      Subject to the other provisions of these conditions Intek shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Intek), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 90 days.
5.5      If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or Intek is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: 
(a) risk of the Goods shall pass to the Buyer (including for possible loss or damage caused by the Intek’s negligence); 
(b) the Goods shall be deemed to have been delivered; and 
(c) the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage).
5.6      If deliveries or installations are changed, cancelled or postponed any additional costs incurred by this change will be covered by the Buyer.
5.7      The Buyer shall provide at the point of delivery and at its expense adequate and appropriate equipment and manual labour for loading the Goods unless the Buyer has previously requested an assisted delivery and received written confirmation of this from Intek.
5.8      Intek may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
5.9      Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
5.10 All Goods are to be checked at the point of delivery; any damage found on the Goods should be made known to Intek in writing within 2 days.
 
6.     Non-delivery
6.1      The quantity of any consignment of Goods as recorded by Intek upon despatch from the Intek’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
6.2      Intek shall not be liable for any non-delivery of Goods (even if caused by the Intek’s negligence) unless the Buyer gives written notice to Intek of the non-delivery within three days of the date when the Goods would in the ordinary course of events have been received.
 
7.     Risk/Title
7.1      The goods are at the risk of the Buyer from the time of delivery.
7.2      Ownership of the Goods shall not pass to the Buyer until Intek has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are associated with the Contract
7.3      Until ownership of the Goods has passed to the Buyer, it shall hold the Goods on a fiduciary basis for Intek. The Buyer will maintain the Goods in satisfactory condition and keep them stored at no cost to Intek.
7.4      The Buyer’s right to possession of the Goods shall terminate immediately if: 
(a) the Buyer has a bankruptcy order made against it or makes an arrangement or composition with its creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or 
(b) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it, or fails to observe or perform any of its obligations under the Contract or any other contract between Intek and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or 
(c) the Buyer encumbers or in any way charges any of the Goods.
7.5      The Buyer grants Intek, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored if the Buyer’s right to possession has terminated, to recover them.
 
8.     Price
8.1      Unless otherwise agreed by Intek in writing, the price for the Goods shall be the price set out in the Intek’s price list published on the date of delivery or deemed delivery.
8.2      Unless otherwise agreed in writing, the price for the Goods shall be exclusive of any value added tax but shall include costs associated with packaging.
 
9.     Payment
9.1      Full payment of the price of Goods is due in pounds sterling prior to delivery unless the Buyer has a trading account or other arrangement agreed in writing by Intek.
9.2      No payment shall be deemed to have been received until Intek has received cleared funds.
9.3      All payments payable to Intek under the Contract shall become due immediately on its termination despite any other provision.
9.4      The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has written consent from Intek or a valid court order requiring an amount equal to such deduction to be paid by Intek to the Buyer.
9.5      If the Buyer fails to pay Intek any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to Intek under the Late Payment of Commercial Debts (Interest) Act 1998.
 
10.Quality
10.1 Where Intek is not the manufacturer of the Goods, it shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to Intek.
10.2 Intek warrants that (subject to the other provisions of these conditions) upon delivery, and for a period of 5 years from the date of delivery, the Goods shall: 
(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; 
(b) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to Intek in writing and it has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of Intek.
10.3 Intek shall not be liable for a breach of any of the warranties in condition 9.2 unless: 
(a) the Buyer gives written notice of the defect to Intek, and, if the defect is as a result of damage in transit to the carrier, within two days of the time when the Buyer discovers or ought to have discovered the defect (refer to 4.10); and 
(b) Intek is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by Intek) returns such Goods to Intek’s place of business at Intek’s cost for the examination to take place there.
10.4 Intek shall not be liable for a breach of any of the warranties in condition 9.2 if:
(a) the Buyer makes any further use of such Goods after giving notice of damage or defect; or 
(b) the defect arises because the Buyer failed to follow the Intek’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or 
(c) the Buyer alters or repairs such Goods without the written consent of Intek.
10.5 Subject to condition 9.3 and condition 9.4, if any of the Goods do not conform with any of the warranties in condition 9.2 Intek shall at its option repair or replace such Goods (or the defective part);
(a)   Intek shall request that the Buyer return the Goods or the part of such Goods which is defective to Intek’s place of business; or
(b) if it is not reasonable to return the Goods or defective part Intek shall return to the point of delivery to make any necessary repairs or exchanges.
10.6 If Intek complies with condition 9.5 it shall have no further liability for a breach of any of the warranties in condition 9.2 in respect of such Goods.
 
11.Limitation of Liability
11.1 Intek’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price.
11.2 Intek shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

12.Assignment
12.1 Intek may assign the Contract or any part of it to any person, firm or company.
12.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of Intek.
 
13.Force Majuere
Intek shall not be liable of loss arising to the buyer from delay or failure arising from an act of God, war, civil disturbance, terrorist act, riot, industrial action or dispute, natural calamity, non-availability of materials, controls, restrictions or prohibitions of government or any other competent authority, fire, flood, sabotage, breakdown of plant or machinery or any other causes beyond our reasonable control.
 
14.Arbitration
Any dispute or difference arising out of or in connection with this agreement, including any question regarding its existence, validity or termination or the legal relationships established by this agreement, shall be finally resolved by a single arbitrator agreed by the both parties, or in default of agreement appointed by the Chartered Institute of Arbitrators.