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Titan Engineering Ltd. Conditions of Sale
Refrigeration and associated equipment
  1. Unless previously withdrawn all quotations are open for acceptance within thirty days only from the date thereof and are subject to confirmation at the time of acceptance. The Quotation shall be considered in terms of the Law of Contract as an invitation to treat only.

  2. There is no verbal or other understanding outside the Quotation and Specification and the Quotation includes only such goods accessories and works as are specified herein.

  3. All specifications, drawings and particulars of weights and dimensions submitted with the Quotation are approximate only, and the descriptions and illustrations contained in our catalogues, price lists and other advertisement matter are intended only to present a general idea of the equipment and goods described therein and none to them shall form part of the contract. Detailed drawings need not be furnished.

  4. The price contained in the Quotation is based upon the labour rates, the price of materials, the rates of insurance and transport and the statutory obligations, and Government regulations prevailing at the date of the Quotation. If, at any time between the date of Quotation and the date on which the work under the contract is completed, there is any increase or decrease in the rate of wages paid by us, or in the price of any of the materials, or in the insurance or transport rates, or in the cost of complying with any statutory obligations or Government regulations; or if there are any similar increases or decreases in the prices which we are called upon to pay to our suppliers or sub-contractors; then in any such event our quoted prices shall be increased or reduced by the amount of such increases or decreases respectively.

  5. Unless otherwise specifically provided for in the Quotation and specification the price or prices quoted exclude delivery to your premises and the cost of off-loading, which will be carried out by you. Any times quoted for delivery or completion is the date of receipt by us of a written order to proceed and of all necessary information and drawings to enable us to put the work in hand. The times quoted for despatch delivery or completion are given in good faith and every endeavour will be made to adhere to them but no liability is accepted for any delay with regard thereto.
    The times of delivery mentioned in Quotation, confirmations and contracts shall be duly observed wherever possible, but they shall not be binding.

  6. (a) No liability shall be incurred by us if and to the extent to which the fulfilment of our obligations under any contract based on the Quotation is prevented frustrated or impeded as a consequent of confirming to any statutory rules and regulations and orders made there under or of any cause beyond our reasonable control. If any contract based on the Quotation shall become impossible of performance or shall be otherwise frustrated we shall thereupon be entitled to payment (whether or not any sum is then payable under the terms of the contract) of that part of the sales price corresponding to such of the material work and expenses as may have been purchased; manufactured, carried out, or incurred by us or by our suppliers or sub-contractors for the contract, whether the same shall have been delivered to and/or erected on the site or not, provided that we shall not require payment for any standard parts or material which we may be reasonably able to use at the time in any other contract then current. Any prepayments which may have been made to us in respect of the contract shall be applied towards satisfaction of such sum as may become due to us under the foregoing provisions, but any excess prepayment will be refunded by us.
    (b) If performance by us of any contract based on this Quotation shall be prevented or hindered by strikes, lock-outs, labour troubles or shortage of labour, or by breakdowns or damage to our plant (however caused) or by shortage of materials or transport or by fire (however caused) or by flooded or tempest or by any other cause whatsoever beyond our control, we shall not be liable for any loss, injury or damage thereby caused.
    (c) We reserve the right to modify, without notice, any specification under which equipment is sold if such modification is made necessary by statutory restrictions on the use of materials or for any reason whatsoever beyond our control.

  7. Subject as hereinafter provided in the case of goods not of our own manufacture, we guarantee the whole of our material and workmanship for a period of twelve months form the date of delivery to the original purchaser, or from the date the goods were advised ready for despatch from our works whichever period shall end first. Our liability shall be limited to repair and replacement of parts provided such defective parts are promptly returned to our factory carriage paid; and provided that goods or parts are shown to our reasonable satisfaction to have proved defective under proper use in design, materials and workmanship with the guarantee period.
    In the case of goods not of our manufacture, our guarantee shall be limited to such guarantee as we receive from the manufacturer.

  8. The whole of the equipment shall remain our property until the purchase price (whether represented by account negotiable or other instrument, or judgement) shall have been paid in full and in the case of cheques this means when they have been cleared but the equipment shall not be regarded as supplied on approval or on trial.

  9. Notwithstanding that the property in the goods may not have passed to the Purchaser, the equipment shall, from the time of delivery to the site be at the sole risk of the Purchaser, including the risk of damage by fire (however caused).

  10. Any dispute or difference arising under a contract based on the Quotation and specification either directly or indirectly shall be referred to the arbitration of a single arbitrator to be agreed upon by you and us or failing such agreement to be named by the President for the time being of the Law Society of London and this submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1950 or any statutory modification thereof for the time being in force.

  11. The English courts shall have jurisdiction and English law shall apply to any contract based on the Quotation and specification.

  12. These Conditions of Sale shall not be deemed to be waived or varied by any representation unless expressly waived by us in writing nor by any conditions included in the Purchaser’s Order unless expressly approved by us in writing.

  13. Payment shall be in the manner and at the time or times agreed. If not specified, payment shall be net monthly account.
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