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Terms and Conditions

Disclaimer

Combisafe tender information and text excerpts Combisafe International AB assumes no responsibility for damages of any kind - specifically direct or indirect damages, consequential damages or secondary consequential damages, losses or costs - which result from misrepresentations by the user. There is no absolute guarantee that the tender information/text excerpts are free of error. Combisafe International AB assumes no responsibility for damages of any kind - specifically direct or indirect damages, consequential damages or secondary consequential damages, losses or costs - which result from misrepresentations by the user, unless this(these) mistake(s) are the result of gross negligence on the part of Combisafe International AB. Making changes to the tender information/text excerpts can have the result that the texts no longer conform to legal safety regulations or those of Combisafe. Therefore, Combisafe International AB assumes no responsibility of any kind for any damages that result from changes made by the user, and the user holds Combisafe safe and harmless from any third-party claims which may result. In the use of Combisafe products all installation instructions from Combisafe International AB for each product employed must be strictly observed.


Individual products must be undamaged.

Combisafe International AB assumes no responsibility for damages of any kind - specifically direct or indirect damages, consequential damages or secondary consequential damages, losses or costs - which are the result of inappropriate installation, incorrect application or use of damaged Combisafe products by the user. Unless hereinbefore otherwise stated, the most current version of all our general terms and conditions applies.


General Terms and Conditions

Definitions
1.1 "The Company" shall mean Combisafe International Ltd trading from Unit 1, Zone A, Cheaney Drive, Grange Park, Northampton NN4 5FB.
1.2 "The Customer" means the person dealing with the Company whether an individual, a limited liability company or a partnership.
1.3 "Equipment" means any and all articles hired out or sold by the Company in the course of its business.
1.4 "Customised Equipment" means equipment manufactured to the Customer's specification
1.5 "Order" means each request made by the Customer to purchase or hire Equipment.

Entire Agreement
2.1 These Conditions shall apply to the Contract for the hire or sale of the Equipment to the exclusion of all other terms and conditions, including any terms under which the Customer may purport to contract in any purchase order, conformity or similar document. The physical taking of Equipment from the Company acknowledges acceptance of these terms and conditions by the Customer.

Risk & Title
3.1 Risk in the Equipment shall pass to the Customer when the Customer takes delivery of the Equipment. Delivery shall be deemed to take place at the moment of loading onto the delivery vehicle of the Customer or independent carrier for onward transportation to the Customer
3.2 Even though risk has passed in accordance with clause 3.1 the Customer will not own the Equipment until the Company is paid in full for them and no other amounts are outstanding from the Customer to the Company.
3.3 Before title has passed to the Customer under clause 3.2 and without prejudice to any of its other rights, the Company shall have the right to recover and re-sell the Equipment or re-possess any of them and may enter upon the Customer's premises by its servants or agents for that purpose.
3.4 Until payment due under all contracts between the Customer and the Company has been made in full:
3.4.a The Customer shall hold the Equipment as the Company's fiduciary agent and bailee and keep the Equipment separate from those of the Customer and third parties and properly stored ,protected and insured and identified as the Company's property
3.4.b In the event of the sale of the Equipment by the Customer he shall hold the proceeds of such sale on trust for the Company in a separate bank account opened by the Customer for this purpose and The Company may trace all such proceeds of sale received by the Customer through any bank or other account maintained by the Customer
3.4.c In the event of sale of the Equipment by the Customer in the ordinary course of its business the Customer shall assign its rights to recover the selling price from the third parties concerned to the Company if the Company so requires in writing.
3.4.d The Customer shall not assign to any other person any rights arising from a sale of the Equipment without the express consent in writing of the Company.
3.4.e As the insurable risk in the Equipment shall pass to the Customer as soon as the Equipment are delivered to him or to his Order, the Customer shall keep the Equipment insured in the amount of the contract price at which the Equipment are sold to the Customer against all insurable risks and if they are destroyed by an insured risk prior to payment being made for them by the Customer in full the Customer shall receive the proceeds of such insurance as trustee for the Company.
3.4.f The Customer grants to the Company an irrevocable licence to enter upon the land occupied or used by the Customer in connection with the tasks for which the Equipment is bought or hired. The Customer warrants that he is able to grant such a licence and that any party whose consent is also required has agreed to be bound by such a licence.

Limitation of Liability
4.1. The Company accepts no liability for:
4.1.a. any damage or loss arising from the unauthorised combination of the Equipment supplied with scaffolding or other material or components supplied by other manufacturers or where such damage or loss results from the unskilled erection, usage or treatment of such Equipment. If any negligence on the part of the Company is established, the maximum liability on the part of the Company will be determined by the maximum indemnity afforded by the Company's insurers.
4.1.b. any damage or loss caused to or suffered by the Customer or any other person, firm or company on whose behalf the Customer may have been contracting with the Company or with any other person, firm or company in respect of any claim howsoever arising from consequential loss or damage or economic loss other than any liability of the Company for death or personal injury arising out of negligence for which the Company is liable.
4.1.c. any loss suffered by the Customer as a result of trade disputes, difficulties in obtaining Equipment or components from suppliers or manufacturers or anything outside the Company's control which prevents use by the Customer of the Equipment hired or agreed to be hired.
4.1.d. any loss suffered by the Customer as a result of the Company's withdrawal of the Equipment from hire because of a breach by the Customer of these terms and conditions or non-availability of Equipment required by the Customer either at commencement of hire or by way of a Customer's request to extend a period of hire.
4.1.e. any drawings, design or specification and submission of such papers does not involve the Company in giving any warranty guarantee or representation that the Equipment to be supplied by the Company in accordance therewith (whether sold or hired) is practicable, safe or cost effective and the Company is not responsible for the cost of any additional work caused by any deficiency in such drawings, design or specification

4.2. If the Company's quotation proves to be inadequate for the Customer's needs then all additional Equipment will be supplied by the Company on request and invoiced. The Company accepts no liability for any inaccuracy in its quotation.
4.3. The Customer warrants the accuracy of any specification and all other necessary information ("Specification") submitted by the Customer relating to the Customised Equipment

 


Combisafe International Ltd | Safety Centre, Cheaney Drive, Grange Park, Northampton, NN4 5FB UK | Tel +44-1604-66 06 00 | Fax +44 1604-66 29 60 | info@combisafe.co.uk
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