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Clarification.

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The word "Buyer" means the person who accepts a quotation from the Company for the sale of goods or whose order for the goods is accepted by the company.
The "Company" means National Food Machinery Services Ltd (National-FMS).
The "Goods" means the goods (Including any instalment of the goods or any part of them) which the Company is to supply in accordance with these conditions.

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Order Acceptance.

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All orders are accepted in accordance with the following condition unless expressly excluded or varied by contract or quotation. The Company accepts no responsibility for errors or misunderstanding on orders not placed or confirmed in writing in case of any discrepancy between the following conditions and any terms or conditions stated by the buyer on his order or otherwise, these conditions shall prevail.
Acceptance of delivery of the goods shall be deemed to be conclusive evidence that the buyer accepts our terms and conditions.
No order which the company has accepted may be cancelled by the buyer except with the written agreement of the company and on terms that the buyer shall indemnify the company in full against all losses (Including loss of profit), costs, damages, charges and expenses suffered or incurred by the company as a result of the cancellation. Any conditions printed on the customers order forms are not binding in any way.

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Delivery .

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Any delivery dates specified by the company for delivery of the goods are approximate only and the company accordingly shall have no liability to the buyer if there is a delay in delivery. The company will not be liable for any loss (Including loss of profit), costs, damages, charges or expenses caused directly or indirectly by and delivery delay of the goods (even if caused by the company negligence) nor unless such delay to terminate or rescind the contract. The customer cannot and no right to reject or return goods, unless written approval to do so by National Food Machinery Services Ltd is provided.

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Title .

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Not withstanding the acceptance of any order or the delivery of goods, ownership of the goods supplied by the company shall remain vested in the company until full payment has been made to the company. The company is entitled to re-possess the goods and shall have the same rights in respect thereof as unpaid seller in possession.

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Prices.

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Prices, discounts and carriage terms are subject to variation by the company without notice and all goods will ne invoiced at current prices at the time of despatch, unless quoted as firm acceptance within a specified period.

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Payment.

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Unless otherwise specified on the company invoice, our terms are strictly 28 days nett of the date of invoice. In the event of non payment within the specified payment terms, the company shall be entitled to charge the buyer interest (both before and after judgement) on the amount unpaid at the annual rate of 5% above the Natwest Bank PLC base rate until payment is made in full. If full payment for the goods is not received, the buyer agrees without compromise to allow National Food Machinery Services, full unhindered access to collect and remove the equipment in question.

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Default or Insolvency.

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If the customer shall fail to make payment when due under any other current contract with the company, or if it shall become apparent the the customer is unable to fulfill its obligations here under, the company may without notice suspend or determine the contract or the unfulfilled part thereof and stop any goods in transit without prejudice to any other rights which the company may lawfully enforce or exercise.

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 Warranty & Quality.

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At the discretion of the company a twelve month warranty upon delivery of the goods is given on new equipment. On used or refurbished equipment up to 3 months warranty may be provided at the discretion of National Food Machinery Services Ltd.
The company shall not be liable for a breech of the warranty unless the buyer gives written notice of the defect to the company, and if the defect is as result of damage in transit, to the carrier within three days of the date of delivery.
The company shall no be liable for a breach of warranty if the defect arises because the buyer has failed to follow the company oral or written instructions as to the installation, storage, use of maintenance of the goods or if the buyer alters or repairs such goods without the written consent of the company.
If the buyer makes a valid claim against the company based on a defect in the quality of the goods, the company shall at its option repair or replace such goods (or the defective part) free of charge or refund the price of such goods a the pro-rata rate, provided that, if the company so requests, the buyer shall, at the buyers expense, return the part of such goods which is defective to the company. Any goods replaced will belong to the company and any repaired or replacement goods will be quaranteed for the unexpired portion of the warranty.
 

Additional Conditions.

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The company shall not be liable to the buyer by reason of any representation or any implied warranty, condition or other term or any duty at law or under the express terms of this contract for any indirect or consequential loss or damage (whether for loss of profit, loss of business, deletion of goodwill or otherwise). costs, expenses or other claims for consequential compensation whatsoever (whether cause by the negligence of the company, its employees, or sub-contractors) which arise out of or in connection with the contract.
Any goods returned to the company will incur a 20% re-stocking charge unless otherwise agreed by the company prior to their return.