General Conditions

1. General

In these General Conditions of Sale, the “Company” means any member of the Beam Engineering Technology Ltd.; the “goods” means any item of whatsoever nature which is to be sold or supplied by the Company including services; the “Purchaser” means the person firm or body corporate which buys or has agreed to buy the goods. These General Conditions of Sale shall apply to and form part of every contract of sale entered into by the Company. All orders are accepted and executed on the understanding that the Purchaser is bound by these General Conditions of Sale which shall govern the contract to the exclusion of any other terms and conditions subject to which any such order is accepted or purported to be accepted, or any such order is made or purported to be made, by the Purchaser. No contract of sale shall come into being unless and until the Purchaser has accepted these General Conditions of Sale either expressly or by implication.

2. LIMITS OF CONTRACT

The contract includes only such goods, accessories and work as are specified in the quotation or acknowledgment accompanying these General Conditions of Sale.

3. PRICES

a) The price payable for goods shall unless otherwise stated by the Company in writing is the list price of the Company current at the date of Sales Order.
b) Unless otherwise expressly stated to be firm for a period the Company’s prices are subject to variation to take into account variations in wages, source cost and other costs. The Company accordingly reserves the right by giving notice to the Purchaser at any time before delivery to increase the price of the goods by the amount of any increase in such costs after the price has been quoted.
c) All prices are exclusive of Value Added Tax and this will be charged at the applicable rate and recoverable by the Company in addition to the price.

4. PAYMENT

a) Unless otherwise agreed in writing, payment is due before dispatch from our warehouse.
c) Time for payment shall be of the essence of the contract.
d) If the Purchaser fails to make any payment when due in accordance with these General Conditions of Sale, the Company reserves the right in its absolute discretion and without prejudice to its other rights or remedies to suspend all further deliveries until such payment has been made in full together with any other amounts owing to the Company whether the due date for payment has been reached or not if so requested by the Company, or, at the Company’s option, to cancel the balance of the order. In either case the Company shall hold the Purchaser liable for costs incurred in respect of goods in course of manufacture or ready for dispatch.

5. CREDIT

Any contract shall be subject to the Company being satisfied as to the Purchaser’s credit references, and without prejudice to the generality of the foregoing, the Company may ( in its absolute discretion), having informed the Purchaser that the goods are ready for dispatch, refrain from delivering the goods until such time as the Purchaser tenders the purchase money to the Company together with any outstanding amounts which may be due to the Company on any account whatsoever.

6. LOSS OR DAMAGE IN TRANSIT

When the price quoted includes delivery, the Company shall repair or replace free of charge goods damaged in transit or not delivered in accordance with the Advice or Delivery Note provided that the Company is given written notification of such damage or non delivery within such time (being not more than 7 days) as will enable the Company to comply with the carrier’s conditions of carriage as affecting loss or damage in transit, or, where delivery is made by the Company’s own transport within 7 days after receipt of the Advice or Delivery Note. Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within seven working days of the receipt of the goods by the Purchaser together with sufficient information to enable the Company properly to identify the shortage including the Advice Note number, case number and condition of case. Where goods are collected by the Purchaser or the Purchaser’s staff or agent no claim for shortage or damage will be considered.

7. SAMPLES

Samples will be charged for under the Company’s normal terms and credited in full when returned in good condition.

8. DELIVERY

a) Unless accepted by the Company in writing all times or dates for delivery of the goods are given in good faith but are approximate only and shall not be of the essence of the contract.
b) All times or dates for delivery shall be calculated from the date of acceptance by the Company of the order of the Purchaser, or from the date of receipt by the Company from the Purchaser of all information, instructions and drawings as shall be necessary to enable the Company to carry out the order, whichever shall be the later.
c) Unless otherwise stated in writing the Company shall be entitled to make partial deliveries of the goods.

9. VARIATIONS

a) The Company shall be under no obligation to alter or vary any part of the contract or any work connected therewith. Any alteration to or addition to or amendment or other variation of the specification, including any increase or decrease in the quantity of the goods or any alteration to any drawings or to the quality, performance, weight or measurements of any goods or any alteration or variation of advised delivery schedules, if requested by the Purchaser, shall be subject to the agreement of the Company, with such alteration or addition to the price and to delivery dates or schedules as may be required by the Company, and shall not be binding upon the Company unless and until accepted by the Company in writing.
b) In the event of any variation or suspension of the work by the Purchaser’s instructions or lack of instructions the Company shall be entitled to adjust the contract price to reflect any additional costs incurred, and to adjust delivery dates or schedules.

10. STORAGE

If the Company does not receive forwarding instructions sufficient to enable it to dispatch the goods within fourteen days after notification that the goods are ready for delivery, the Purchaser shall thereupon take delivery or arrange for storage. If the Purchaser does not take delivery or arrange storage as aforesaid, the Company shall be entitled to invoice and be paid for the goods as though the goods had been duly delivered in accordance with these General Conditions of Sale and the Company may arrange storage either at the Company’s own works or elsewhere on the Purchaser’s behalf and all charges incurred by the Company as a result of such a delay including storage and insurance shall be payable by the Purchaser.

11. INSPECTION AND TESTS

The Company’s products are carefully inspected, and, where practicable submitted to its standard tests at the Company’s works before dispatch. If tests other than those specified or tests in the presence of the Purchaser or its representatives are required, these will be charged for.

12. WARRANTY

a) The Company will make good by repair, or at the Company’s option by the supply of a replacement, defects which, under proper storage and use appear in the goods within the period of 3 years after the goods have been delivered and arise solely from faulty design (other than design made or furnished by the Purchaser), materials or workmanship.
b) The Warranty given in this clause is subject to the following provisos, namely:
i) that the Purchaser shall have followed all instruction issued by the Company in relation to the goods;
ii) that in the case of defects which would have been reasonably apparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within fourteen working days of delivery.
iii) that in the case of any other defects the Purchaser shall notify the Company of the defects in writing within seven working days of the date when the defect becomes apparent.
iv) consumable items, such as batteries, lamps and fuses, are excluded from any warranty.
v) the total price for the goods has been paid by the due date for payment.
vi) that where in discharge of its obligations under the Warranty given in this Clause the Company agrees that the Purchaser may undertake any repair or remedial work on its behalf, the cost of such work to be agreed in writing between the Purchaser and the Company before the commencement of any such repair or remedial work.

13. RETURN OF GOODS

In no circumstances may goods supplied against a firm order be returned without the Purchaser having first applied for and obtained the written consent of the Company. A handling charge may be deducted from any credit allowed by the Company where it is established that the reason for the return of goods was not the subject of Clause 8 hereof or due to any error on the part of the Company.

14. COPYRIGHT

All drawings descriptions and other information submitted by the Company, shall remain the property of the Company.

15. FORCE MAJEURE AND OTHER CIRCUMSTANCES

The Company shall be entitled without liability on its part and without prejudice to its other rights, to terminate the contract or any unfulfilled part thereof, or at its option to suspend or make partial deliveries or extend the time or times for delivery, if the manufacture of the goods by the Company or the Company’s suppliers, or the delivery of the goods or the performance by the Company of any of its obligations under the contract is hindered or delayed whether directly or indirectly by reason of the Purchaser failing to furnish necessary instructions or information, or by war or other hostilities, civil commotion, act of God, government action or legislation, interruption of transport, strike, lock out or other form of industrial action (including, without limitation, labour disputes with the Company’s or any sub-contractors employees), accidents or stoppages to works, shortage of labour materials equipment fuel or power, breakdown of machinery or any other cause whatsoever beyond the reasonable control of the Company or its sub-contractors whether or not such cause exists at the date of the order.

16. ARBITRATION

If at any time any question, dispute or difference whatsoever shall arise between the Purchaser and the Company upon or in relation to or in connection with the contract, either party may give the other notice in writing of the existence of such question, dispute or difference, and the same shall be referred to the arbitration of a person to be mutually agreed upon, or failing agreement within 30 days of receipt of such notice, some person appointed by the President for the time being of the Institution of Electrical Engineers in Palestine.