Payment terms: 30 days from date of invoice for credit account customers, otherwise payment is required prior to delivery.
Prices: These are issued in good faith, based on our best interpretation of any data supplied to us. Upon receipt of your equipment we reserve the right to amend prices if what you send in or what we are being asked to do does not match what was previously quoted.
Thorcal Calibration Terms and Conditions
Tolerances for calibration work may be derived from British/International Standards applicable to your unit, or they may be derived from the manufacturer's specifications. We may also at times simply report the results as found. We'll select the best method based on availabilty of information and our best judgement. If you require something different, pleasespecify this in writing prior to us commencing work.
We will include a calibration due date on the calibration sticker. Unless otherwise specified this will be for 12 months for all items except gas monitors which will be 6 months. We do this because many of our customers request this and many ISO 9001 auditors will query this if it is not present. If you do not wish for the calibration due date to be included on your stickers, or you need a non-standard due date, please tell us in advance.
We do not specify a calibration due date on the calibration certificate. This is in line with UKAS guidelines. Your calibration certificate is like an MOT certificate, specifying that your items were correct at time of test, and does not guarantee performance for the period before recalibration.
Thorcal General Terms and Conditions for the Sale / Hiring of Equipment
1. DEFINITIONS AND LAW The Contract is the document or documents that set out these Conditions and all
other details about your agreement with us. “We” and “Us” mean the supplier of the hired equipment. “You” means the person, frm, company, corporation, or public authority or body to whom we supply Equipment on hire. “Equipment” means the hire items referred to in the Contract. These Conditions exclude any terms and conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing. These conditions do not affect the statutory rights of a person dealing as a consumer as defned by the Unfair Contract Terms Act 1977 or any statutory modifcation of that Act. The Contract will be governed by and interpreted in accordance with English Law.
2. BASIS OF CHARGING You will pay the hire charges stated in the Contract. Hire charges will begin at the time stated in the Contract and will continue during the period of hire until we have given you a collection or off-hire number, or until you have restored the Equipment to us in a clean and serviceable condition and we have given you a receipt for it. All time is chargeable including Saturdays, Sundays and Bank Holidays. All charges are payable on demand. If payment is not made when due, we will be entitled to interest on the amount that is overdue at four percent above the prevailing base rate of Lloyds Bank Plc calculated on a daily basis. This will be without prejudice to any other rights or remedies we may have. You will also pay to us any charges we reasonably incur in the recovery from you of money or Equipment.
3. DELIVERY CARRIAGE CHARGES Hire charges do not include carriage. You will pay to us any agreed charges for delivering or collecting Equipment. Where we quote carriage charges, these include only for the time required to load or unload alongside our vehicle at the address you have specifed. You will pay extra for any further time or attendance including any attempt by us to carry out your prearranged instructions for delivery or collection which is unsuccessful due to your acts or omissions.
4. WHEN THE CONTRACT COMES INTO BEING The Contract comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these Conditions and we have accepted your order.
5. SAFETY AND INSTRUCTIONS It is your responsibility to make sure that all persons who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us. You must ensure that the Equipment is not misused.
6. WHEN YOUR SIGNATURE FOR RECEIPT OF EQUIPMENT BECOMES EFFECTIVE Where for administrative convenience, you or your agent are requested by us to sign a receipt for the Equipment before it is handed over, you or your agent will be given the opportunity to examine the Equipment when it is physically handed over to you or your agent. The receipt will not be effective until immediately after the physical handover.
7. RESPONSIBILITY OF HIRER (YOUR RESPONSIBILITY)
(i) You will be responsible for the loading and unloading of the Equipment at the address specifed by you. You will also be responsible for the loading and unloading of the Equipment at our premises when the Equipment is transported by you or your agent. If we supply any person to assist you, he will be under your control at such times.
(ii) Your responsibility for the Equipment begins when you or your agent receive the Equipment. If it is delivered to you your responsibility begins on delivery. Your responsibilities include safekeeping of the Equipment, and protection against the elements, theft, vandalism or improper use.
You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment at the end of hire. Your responsibility ends only when the equipment has been returned or collected, and you have our unqualifed receipt for all of the Equipment. You must not sell or otherwise part with control of the Equipment.
(iii) You will indemnify us against any and every expense, liability, fnancial loss, claim or proceedings whatsoever, and in respect of any death or personal injury whatsoever or damage to or loss of property whatsoever (other than the Equipment itself, which is governed by Conditions 12 and 13) arising out of the delivery, use, non-use, repossession, collection or return of the Equipment or any part of it. This indemnity will be reduced in proportion to the extent that such expense liability, fnancial loss, claim or proceedings or death or personal injury or damage to or loss of property is due to our proven negligence.
8. ELECTRICAL EQUIPMENT Where any or part of the Equipment is electrical it should normally be used with plugs and/or sockets as ftted but if temporarily ftted with other suitable plugs or sockets, this must be carried out by a competent person who must also return it to its original condition. It will be your responsibility at all times to arrange a suitable supply of electricity for use with the Equipment. Under no circumstances should electrical Equipment be used without it being correctly earthed unless it is of double insulated specifcation. You will be responsible for complying with the requirements of the Electricity at Work Regulations 1989 during the period of your responsibility for the Equipment as defned in Condition 8 (ii) of these conditions.
9. MAINTENANCE OF EQUIPMENT, BREAKDOWN PROCEDURES AND ACCIDENT REPORTING You must keep yourself acquainted with the state and condition of the Equipment and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Equipment must be immediately notifed to us. Under no circumstances must you repair or attempt to repair the Equipment unless authorised by us. The Equipment must be returned to our premises for examination except where examination elsewhere has been mutually agreed upon. You must notify us immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property, or injury to any person.
10. LOCATION OF EQUIPMENT Equipment must not be removed without our authority from any site originally specifed by you or from any site we subsequently authorise.
11. LIMITS OF OUR LIABILITY (i) All times which we state or quote for delivery or collection are approximate. (ii) We will not be liable for any delays caused by any circumstances beyond our reasonable control. (iii) We will not be liable for any indirect loss, loss of business, profts, savings you expected to make, wasted money, wages, fees or expenses, due to late delivery, unsuitability, breakdown or stoppage of the Equipment or any part of it.
12. INSURANCE AND YOUR RESPONSIBILITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT. You will pay to us the replacement cost of any Equipment which is stolen or lost or damaged beyond economical repair. You are advised to insure the Equipment on this basis. You will hold in trust for us and pay to us on demand all money you receive from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of the Equipment. You must not compromise any claim without our express consent.
13. NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT (i) You have full responsibility for the care and safekeeping and return in good order of the Equipment. (ii) You will pay to us all costs we incur in rectifying any Equipment returned damaged or unclean. Additionally you will pay for our fnancial loss until such rectifcation is complete. (iii) Where Equipment is lost or stolen or damaged beyond economic repair, you will pay for all fnancial loss to us until you have paid to us the replacement cost. This is without prejudice to our other rights.
14. TERMINATION OF HIRE We will be entitled at any time to terminate the hire. If you break the Contract or if any proceedings are commenced in which your solvency is called into question to terminate this Contract with immediate effect and to repossess any or all of the Equipment. Such termination will not affect our right to recover from you any money due to us under this Contract or damages for breach of contract.
15. OUR RIGHTS OF ACCESS You authorise us to enter any land or premises where we reasonably believe any Equipment to be, in order to inspect, test, repair, replace or repossess it.
16. RIGHTS RESERVED Any failure by us to enforce any or all of these Conditions shall not amount to, or be interpreted as, a waiver of any of our rights.
17. SEPARATE TERM VALIDITY AND HEADINGS If any item in this Contract is held to be invalid this shall not affect the validity of the remaining terms.
The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions.
General Conditions of Sale
1. DEFINITIONS AND LAW The Contract is the document or documents that set out these Conditions and all other details about your agreement with us. “We” and “Us” means the seller of the Goods. “You” means the buyer of the Goods. The “Goods” means all goods to be sold by us to you. The “Recipient” means the person, frm, company, corporation or public authority to whom the goods are delivered, when it is not you. These Conditions exclude any terms and conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing. These Conditions do not affect the statutory rights of a person dealing as a consumer as defned by the Unfair Contract Terms Act 1977 or any statutory modifcation of that Act. The Contract will be governed by and interpreted in accordance with English Law.
2. WHEN THE CONTRACT COMES INTO BEING The Contract comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these Conditions and we have accepted your order.
3. PAYMENT Where we have granted monthly account facilities to you in writing, all invoices must be paid by the last day of the month following the month of delivery. Where no such facilities have been granted, payment will be with your order, or where previously agreed, on delivery. If payment is not made when due, we will be entitled to interest on the amount that is overdue at four percent above the prevailing base rate of Lloyds Bank Plc calculated on a daily basis. This will be without prejudice to any other rights or remedies we may have.
4. RECEIPT You, or the Recipient on your behalf, will receive and unload the Goods and should check them for quantity and condition in the presence of the carrier. If there is a shortage or if any of the Goods are in an unsatisfactory condition, you or the Recipient must so endorse the carrier’s delivery document and must give a separate written notice of this within three days of delivery. If this Condition is not observed, no claim in respect of shortage or of unsatisfactory condition of the Goods will be entertained.
5. RISK AND TITLE TO GOODS (i) The risk in the Goods will pass to you immediately on delivery of the Goods to you or to the Recipient. (ii) The ownership of the Goods will remain with us and we reserve the right to dispose of the Goods until you have paid in full for all the Goods which we have supplied at any time to you. Until such payment has been made in full you will hold the Goods on our behalf and will be under an obligation to return them to us on demand. You will permit us to enter any land or premises of yours to recover our Goods.
6. LIMIT OF OUR LIABILITY (i) All times, which we state or quote for delivery, are approximate. (ii) We will not be liable for any delays caused by any circumstances beyond our reasonable control. (iii) We will not be liable for any indirect loss, loss of business, profts, savings you expected to make, wasted money, wages, fees or expenses, due to late delivery, non-delivery, unsuitability, breakdown or stoppage of the Goods or any part of them.
7. RIGHTS RESERVED Any failure by us to enforce any or all of these Conditions shall not amount to or be interpreted as a waiver of any of our rights.
8. SEPARATE TERMS VALIDITY AND HEADINGS If any term in this Contract is held invalid, this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions.
9. THIRD PARTY STATEMENTS Where we are supplying items, we will wherever possible, endeavour to ensure that the item can perform as per the manufactures statement. We cannot be held responsible for items, which we are unable to test, and as such, we are reliant on the manufacturers literature for guidance and proof of fit for purpose.