Terms of service

 

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY

SALE

  1. Each sale is concluded in accordance with our terms and conditions below, to the exclusion of any others. Our quotations and prices are not binding as far as the goods offered have not been sold. They are subject to change at any time without notice. The prices are those in force on the day of delivery, but this provision does not apply to deliveries made on deposit, with or without security.

DELIVERY

  1. Irrespective of the destination, method of delivery, terms and conditions of sale, acceptance of the equipment shall take place prior to departure and delivery shall be deemed to have been made in our warehouses.
  2. Our goods are always carried at the buyer’s risk: even if they are shipped carriage paid. If any items are damaged or missing, the recipient must lodge a complaint with the carrier in accordance with the latter’s regulations.
  3. Any weights mentioned in our catalogues are approximate weights only.
  4. Delivery times are mentioned for information purposes only and any delay in delivery may under no circumstances give rise to the cancellation of the order, nor to the cancellation of the purchase, a rebate, compensation or penalty unless otherwise expressly agreed between the parties.
  5. We shall in no way be responsible or liable in the event of a case of force majeure, such as fire, flood, war, insurrection, interruption of transport, accident, partial or total strike, which would delay or hinder our supply or our manufacturing, as well as in the event of a shortage of raw materials. In these cases, the buyer may neither cancel the purchase nor obtain supplies elsewhere on our behalf.

PAYMENT

  1. Each sale must be settled at the time of delivery. VAT is always payable by the buyer, along with any other existing or future taxes relating to the sale or to collection and expenses incurred as a result of this extra cost. We do not waive this right when we draw a bill of exchange on the buyer or when we accept the securities of the latter. Bills of exchange, postal drafts, bank or postal cheques do not replace or in any way alter the place of payment.
  2. In the event of total or partial non-payment of an invoice on the due date, the amount of the invoice shall, automatically and without notice of default, be increased by interest calculated in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions.
  3. The buyer may never rely on a complaint to refuse payment on the set due date.
  4. In the event of total or partial non-payment of an invoice on the due date, after unsuccessful notice of default, the debt balance will be increased by 12%, even if grace periods are granted
  5. Amanzi Safety & Rescue Ltd reserves the right, even after partial delivery, to demand an increase in the amount of the guarantee. Any refusal to do so entitles us to cancel the remaining part of the order.
  6. We reserve the right to invoice any order as soon as it is made available in our warehouses in the event of late transmission of shipping instructions by the buyer.
  7. The buyer undertakes to purchase the goods that are the subject of the sale on the date stipulated in the sales contract. If the date is not explicitly mentioned in the sales contract, Amanzi Safety & Rescue Ltd will inform the buyer by ordinary letter or by telephone. In the absence of a reaction to this letter within eight days, a new letter shall be sent by registered mail and the date appearing therein shall be deemed to have been agreed upon in the contract of sale itself.
  8. The sale shall be dissolved automatically and without notice of default to the detriment of the buyer after expiry of the period agreed for collection or determined as stipulated in Article 14, and Amanzi Safety & Rescue Ltd shall be entitled to claim compensation fixed at 20% of the sales price.
  9. In the event of total or partial non-payment of an invoice on the due date, all other amounts still due shall automatically become due and payable. In this case, Amanzi Safety & Rescue Ltd shall be entitled to suspend any further delivery until full payment has been made or to demand the guarantees it deems necessary without any right to compensation or penalty for delay on the part of the buyer.

DISSOLUTION AND RESERVATION OF OWNERSHIP

  1. Goods sold remain the property of Amanzi Safety & Rescue Ltd until full payment of the sales price (principal and ancillary costs), even if the goods have been processed in the meantime. Once the goods have been delivered, the buyer bears all risks of loss, destruction and damage.
  2. Should the buyer fail to comply with all of its obligations, Amanzi Safety & Rescue Ltd has the right to terminate the contract, to consider it as terminated and to dispose of the goods after it has served notice on the client by registered letter, and the client has failed to comply; however, the exercise of this right does not mean that Amanzi Safety & Rescue Ltd waives the compensation to which it may be entitled.
  3. The buyer acknowledges that the title is only recognised from the moment of full payment, with all the consequences that this clause entails.

GUARANTEE

  1. For all our imported goods, the guarantees are those given by the foreign factories: we are their representatives responsible for enforcing the clauses concerning the duration of the guarantee, the replacement of parts, etc.

The buyer is obliged to notify us immediately in writing, and to allow us to examine the parts within 14 days.

Costs of forwarding and returning goods are to be borne by the buyer.

We decline responsibility for the consequences that could be caused by breakage or any other manufacturing defect.

Any repair or modification made to our goods outside of our workshops or without prior permission will immediately result in the forfeiture of the warranty.

  1. Any complaints regarding non-conformity or visible defects must be formulated in writing by the buyer through a reservation on the delivery note. After receipt and/or use of the goods by the buyer, no further complaints for non-conformity or visible defects will be accepted.

Any complaints due to hidden defects must be sent by registered letter to Amanzi Safety & Rescue Ltd within 60 days after delivery with a clear description of the defects at the risk of being inadmissible. 

Amanzi Safety & Rescue Ltd has the choice of either dissolving the contract or replacing the defective goods. Our liability as seller is in all circumstances limited to a maximum of the value of the goods covered by the contract. Our company cannot be held liable for direct or indirect damage.

  1. The total liability of Amanzi Safety & Rescue Ltd for both visible and hidden defects is limited to compensation of the direct damage up to a maximum of the amount of the price agreed for the goods in question (excluding VAT). The liability of Amanzi Safety & Rescue Ltd for indirect damages, including consequential damages, loss of profit, lost savings and damage due to business stagnation, etc. is always excluded.

DISPUTES

  1. All disputes shall be governed exclusively by UK law. Both the interpretation and the execution of the contract shall be governed exclusively by UK law. Should one or more clauses become null and void, this shall never result in the whole agreement becoming null and void.
  2. Any dispute or litigation will be submitted exclusively to the courts of the judicial district of UK, even if there are several defenders, or in the event of an incidental claim or recourse to a guarantee, unless the opposite has been expressly accepted.
  3. We expressly refuse to apply the general terms and conditions of purchase set out in the letters, order forms or other documents emanating from our customers.

Under all circumstances, our general terms and conditions of sale are considered to be written out by hand and accordingly, they alone are valid.