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OriginalEquipment Limited

Conditions of purchase

1. Interpretation.
1.1 In these conditions:
Buyer means Original Equipment Limited (O.E.).
Conditions means the Standard Terms and Conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
Contract means the contract for the sale and purchase of the Goods and the supply and acquisition of the Services.
Delivery Address means the address stated on the order.
Goods means the goods (including any instalment of the goods or any part of them) described in the Order.
Order means the Buyers Purchase Order, which can be written or verbal, to which these conditions are annexed.
Price means the price of the Goods and/or the charge for the Services.
Seller means the person or company so described in the Order.
Services means the services (if any) described in the Order
Specifications includes any plans, drawings, data or other information relating to the Goods or Services.
Writing includes telex, cable, facsimile transmissions, e-mail and comparable means of communication.
1.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time;
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Basis of purchase
2.1 O.E. (“the buyer” ) shall be bound by an Order if it is placed on its official order form and signed by an authorised person;
2.2 The Order constitutes an offer by the Buyer to purchase the Goods and/or acquire the Services subject to these Conditions.
2.3 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions in which any quotation has been given to the Buyer or subject to which the Order is accepted or purported to be accepted by the Seller.
2.4 The Order will lapse unless unconditionally accepted by the Seller in writing within 7 days of its date;
2.5 No variation to the Order or these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.

3. The Seller warrants that the Goods to be supplied pursuant to the Order (“the goods”) shall:-
be of merchantable quality;
3.1 conform as to quantity, quality and description with the particulars stated in the Order, and/or Engineering Drawings/Engineering Specifications;
3.2 be properly packed and secured in such a manner as to reach their destination in good condition under normal conditions of transport;
3.3 be of sound materials and workmanship;
3.4 be equal in all respects to the samples, patterns or specifications provided or given by either party;
3.5 be capable of any standard performance specified in the Order;
3.6 if the purpose for which they are required is indicated in the Order either expressly or by implication, be fit for that purpose;
3.7 comply in all respects with all relevant requirements of any statute, statutory rule or order (including all applicable EEC laws, regulations, directives and recommendations) or other instrument having the force of law which may be in force in the United Kingdom and /or Republic of Ireland (and such other territories in which the Goods are intended for re-sale which shall have been notified to the Seller);
3.8 be free from defect within the meaning of the Consumer Protection Act 1987.

4. Price of the goods and Services
4.1 The price of the Goods and the Services shall be as stated in the Order and, unless otherwise so stated, shall be:-
1.1 exclusive of any applicable value added tax; and
1.2 inclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of the Goods to the Delivery Address and any duties, imposts or levies other than value added tax;
1.3 No increase in the Price may be made (whether on account of increased material, labour or transport costs, fluctuation in rates of exchange or otherwise) without the prior consent of the Buyer in writing;
4.2 The Buyer shall be entitled to any discount for
prompt payment, bulk purchase or volume of purchase customarily granted by the Seller, whether or not shown on its own Terms and Conditions of Sale.

5. Arrangements for payment and return of returnable
Wooden packing cases, skids, drums and other re-useable articles used for packing the Goods will be as specified in the Order and if not so specified title in the said articles used for packing shall pass to the Buyer at the time of delivery of the goods and the Buyer shall be free to dispose of the same.

6. All Goods shall be delivered to the Delivery Address and the Seller shall be responsible for arranging and paying all the transport and insurance costs to the point of delivery.

7. Without prejudice to any right of rejection which may accrue to the Buyer under these Conditions title in the Goods shall pass to the Buyer at the time that the Goods are appropriated to the Contract but risk shall not pass until delivery of the Goods

8. If the Goods or any proportion thereof are not delivered within the time or times specified in the Contract ( or in the extension of such time or times as may be agreed in writing by the Buyer) the Buyer shall be entitled to determine the Contract in respect of the Goods undelivered as aforesaid and of any other goods already delivered under the Contract which cannot be effectively and commercially used by reason of the non-delivery of the goods undelivered as aforesaid.

9. The Buyer shall have a reasonable time (not being less than 30 days) after delivery of the Goods in which to a ascertain to its satisfaction that the same and their packaging comply with the Order. If any of the Goods and/or their packaging do not comply with the warranties set out in Clause 3 above, the Buyer shall in inform the Seller and shall, if so requested, arrange for the goods to be returned to the Seller. The Seller shall forthwith reimburse the Buyer for any costs incurred in returning the rejected Goods elsewhere and any extra expense so incurred shall be paid to the Buyer by the Seller. The right to reject shall exist notwithstanding that payment shall have been made or that title in the Goods shall have passed to the Buyer or any other act of the Buyer with regard thereto.

10. Seller shall indemnify the Buyer against all liability, claims losses, damages, costs and expenses paid, incurred or sustained by reason of:-

10.1 the Goods failing to comply with the warranties set out in Clause 3 hereof or the Seller otherwise failing to comply in full with its obligation herein;
10.2 the Goods, the packaging thereof or the markings (if any) thereon infringing any British letter, patent or trademarks or any intellectual or other property rights in the case of goods supplied and specifically for use or sale outside the United Kingdom, any intellectual or other property right infringing any equivalent rights in that territory.

11. Rights of the Buyer shall endure fir and may be enforced by the Buyer and/or any other third party for whom it shall have placed the order.

12. Termination
12.1 The Buyer shall be entitled to cancel the Order in respect of all or part only of the Goods and/or the Services by giving at least seven days written notice to the Seller at any time prior to delivery or performance.
12.2 The Buyer shall be entitled to terminate the Contract without liability to the Seller by giving notice to the Seller at any time if:-
2.1 the Seller makes any voluntary arrangement with its creditors (within the meaning to the Insolvency Act 1986) or (being a Company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
2.2 an encumbrancer take possession, or a receiver is appointed over any of the property or assets of the Company; or
2.3 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Seller and notifies the Seller accordingly.

13.1 These Terms and Conditions and any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.

Conditions of Sale

1. Definitions
1.1 In these conditions:
Buyer means any direct customer of Original Equipment Limited (O.E.).
Conditions means the Standard Terms and Conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
Contract means the contract for the sale and purchase of the Goods and the supply and acquisition of the Services.
Delivery Address means the address stated on the order.
Goods means the goods (including any instalment of the goods or any part of them) described in the Order.
Order means the Buyers Purchase Order, which can be written or verbal, to which these conditions are annexed.
Price means the price of the Goods and/or the charge for the Services.
Seller means Original Equipment Limited or authorised subsidiary or person described in the Order.
Services means the services (if any) described in the Order
Specifications includes any plans, drawings, data or other information relating to the Goods or Services.
Writing includes telex, cable, facsimile transmissions, e-mail and comparable means of communication.

2. Conditions
2.1 These "Terms and Conditions" do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.
2.3 If any amendments to this terms and conditions are required it is preferable that they be confirmed in
writing.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

3. Prices
3.1 The Price shall be that on the Seller’s current list price, web site, or if applicable the price contained in the Seller’s Quotation.
3.2 Should a product's price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund.
3.3 All Prices are exclusive of VAT and charges for packing, postage and Carriage (plus VAT) which shall be paid in addition.
3.4 The total purchase price, including VAT and Delivery charges will be displayed in the Buyer's shopping cart prior to confirming the order.
3.5 In the case of consumer sales, payment must be made in full before dispatch of any Goods.
3.6 In the case of B to B sale or any other sales, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery until paid.
3.7 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable

4. Interest on Overdue Invoices
4.1 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 4% above National Westminster Bank PLC base lending rate for the time being in force. Interest will be charged monthly and a separate invoice will be issued.

5. Warranty and Liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
5.2 While every effort is made to ensure that the product specifications shown in brochures, leaflets, catalogues and web sites are accurate, manufacturers do add and remove functionality in their products as they are developed. Inevitably there will be a delay before the product descriptions are updated reflecting these changes. It is highly recommended that an evaluation of the chosen product(s) is carried out to ensure that it meets your functional requirements prior to purchase.

6. Delivery - Consumer Purchases
6.1 Products supplied within the UK will normally be delivered within 10 working days of receipt of payment.
6.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given the option to agree a new delivery date or receive a full refund.
6.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

6. Delivery - B to B Purchases
6.1 Products supplied within the UK will normally be subject to specified lead times and the Buyer will be informed of these lead times when the Seller confirms acceptance of the order.
6.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given as much notice as possible and given the option to agree a new delivery date.
6.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7. Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within a reasonable time (but not more that 24 hours) of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
7.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either:
a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or
b) at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.

8. Cancellation and Returns
8.1 If it is agreed that the goods are to be returned:-
a) a Goods Return number obtained from the Seller must be clearly shown on the returned parcels.
b) the Buyer will be liable cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault.
c) the Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required. If the goods are faulty or being returned under clause 8.2 then the restocking charge will not apply.
8.2 If you are a consumer you may have the right, in addition to your other rights, to cancel your contract with Original Equipment Limited and receive a refund. You must contact us and inform us in writing of your desire to cancel your contract within 7 working days of receipt of the relevant product(s). You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey.
8.3 If the goods supplied include boxed software returned under clause 8.1 must be returned with the box seal unbroken. If the software is delivered electronically we will fax or e-mail you a Proof of Destruction form. Once this form is signed & returned and meets our returns criteria, your account will be credited accordingly.

9. Force Majeure
In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.

10. No Waiver
10.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

11. Liability
11.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.

12. Complaints
12.1 If you have a complaint about our service or any goods or services you purchase from Original Equipment Limited then please contact us immediately. You will be contacted as soon as possible and definitely within 48 hours of our hearing from you and aim to provide a resolution within 5 working days.
12.2 All complaints will be dealt with in a fair and confidential manner.

13. Misc
13.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.

Returs and Warranty Policy for Fifthwheel Sensor Equipment.
Revised July 2006

Original Equipment Limited (OE) offers a warranty on all its products and services and returns are accepted by OE on the following terms:

Period of Warranty Cover:

Controller 2 years from date of manufacture (engraved on housing).

Displays 2 year from date shown on test sticker.

Cables 2 years from date of Final Test (excludes physical damage)

Slider 2 year from date shown on test sticker (excludes physical damage to sensor, main cable or adapter cable.

Sensors
2 year (excludes physical damage)

Notes:

1. All goods to be considered for a warranty claim must be returned to OE’s premises.

2. OE is not responsible for transport costs.

3. OE is not responsible for any consequential losses of any parties.

4. Total liability to OE does not exceed the value of the goods.

5. Faulty goods will be repaired or replaced free of charge were it is confirmed that OE is responsible for the fault.

6. Repair or replacement is at the discretion of OE.

7. Goods supplied which have been physically damaged will not be considered for a warranty claim.

8. Goods which are replaced before testing has been completed will be charged at the normal selling price at the time of the warranty claim. A credit will be raised in the event that the goods are found to be faulty.

9. Goods beyond their warranty period will be accepted for repair and will be charged as per the price list at the time the return is made.

10. Labour charges, it the event of non-availability of a FIE or OE service engineer, will be accepted only in exceptional circumstances and with prior agreement of a director of OE. Charges will be limited to the cost of removing equipment from a vehicle for return to OE’s premises. In all cases, a maximum of £100.00 (plus VAT) will apply. If goods are found not to be faulty in accordance with OE’s usual terms of warranty, a credit note or refund of any amounts paid will be required.

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