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Terms & Conditions

Below are the EBE Engineering general terms and conditions.

1) GENERAL: The Terms and Conditions of Sale outlined herein (hereinafter referred to as "the Contract") shall apply to the sale by EBE Engineering Ltd.

(hereinafter referred to as "the Company") to the person, firm or company to whom the Company's offer is made (hereinafter referred to as "the Purchaser") of products, goods and parts relating thereto (hereinafter referred to as "the Equipment").
Unless otherwise agreed in writing by the Company it shall be understood that the Company proceeding with any work shall be in accordance with the terms and conditions outlined herein.

Unless otherwise agreed between the parties, the payments on previously approved accounts shall be due and payable within thirty days of invoice to the Purchaser and prices charged will be those ruling at date of despatch. Prices are nett ex works and quotations are valid for 90 days but, prior to any contract, prices can be subject to change without notice. The Company reserves the right to charge interest at 8% over the Base Rate, from time to time, of Barclays Bank PLC on all overdue accounts, such interest shall accrue on a day to day basis. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to our credit terms.
If it is agreed that payment be made by instalments, in the event of default in payment of any one instalment, all other sums payable under the Contract shall become due.
If any clause of this contract is held by any competent authority to be invalid or unenforceable in whole or in part, the other clauses of the Contract and the remainder of the clause in question shall not be affected thereby.

2) TITLE: (a) Until payment in full has been made of all sums due to the Company under this Contract (or in the case of the Company accepting any cheque, bill of exchange or exchange or promissory note, until the same has been honoured) the property in the Equipment supplied by the Company, even if affixed to other goods of the Purchaser or a third Party, shall remain in the Company.
(b) The Purchaser shall be at liberty to sell the Equipment as principal in the ordinary course of business, however the proceeds of any such sale and the benefit of any such contract of sale shall be the property of the Company and held in trust for the Company absolutely, provided always that the Company may, by written notice, terminate the Purchaser's power of sale at any time if it appears to the Company that the Purchaser may go or threaten to go into receivership or liquidation and at any time after the termination of the power of sale, the Company may repossess the Equipment.
If necessary the Company shall have the right to enter on to the Purchaser's premises to recover the Equipment or any part of it.

3) RISK: Notwithstanding that the property in the Equipment may not have passed to the Purchaser as provided in Condition 2 hereof, the risk in the Equipment shall pass to the Purchaser at the time of the first tender of delivery to the Purchaser, his agent or carrier.

4) ASSIGNMENT: Neither party shall assign or transfer this Contract without the prior written consent of the other party. The Company shall, however, be permitted to assign or transfer without the prior written consent of the Purchaser the Company's right to receive all or any portion of the payment due from the Purchaser under the Contract.

5) DELIVERY AND DELAYS: The Company shall quote Delivery dates. Such dates shall be interpreted as estimated and in no event shall such dates be construed as falling within the meaning of "time is of the essence". All items are offered subject to remaining unsold. The Company will accept no liability for shortages or damages of goods unless the Customer notifies the Company in writing within fourteen days of receipt of goods.
Without prejudice the Company shall not be liable for loss, damage, detention or delay due to war, riots, civil insurrection or acts of the common enemy, fire, flood, strikes or other labour difficulties, acts or omissions of the Purchaser, embargo, transport shortage, damage or delay in transportation, inability to obtain necessary labour or materials from usual sources, faulty forgings or castings or other causes whatsoever beyond the reasonable control of the Company. In the event of delay in performance due to any such cause the date of delivery or time of completion will be adjusted to reflect the actual length of time lost by reason of such delay to properly reflect the delay. The Purchaser's acceptance of the Equipment shall constitute a waiver of any claims for delay.

6) TAXES: All prices are exclusive of taxes (including without limitation any value added sales or similar tax), port rates, transportation, insurance, custom dues, licence fees or other charges unless otherwise stated by the Company.

7) SET OFFS: Neither the Purchaser nor any affiliated company nor assignee shall have the right to claim compensation or to set off any claims against any amounts which become payable to the Company under this Contract or otherwise.

8) CANCELLATIONS AND VARIATIONS: The Company will only agree Cancellation on condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss of profits and other loss or damage resulting to the Company by reason of such cancellation will be paid forwith by the Customer to the Company.
Equipment returned to the Company without the written consent of a director of the Company will under no circumstances be accepted for credit. Where the Company accepts the return of goods, it shall do so on such terms as it considers appropriate, including as its discretion the charge of a handling fee. The Company reserve the right to cancel the order at any time until the order has been delivered for any reason. All variations required by the Customer shall be in writing and the price if not agreed prior to the performance of the work by the Company shall be based on appropriate contract prices (if any) plus escalation in respect of inflation and increased costs of material and labour.

9) PATENTS: The Company shall defend any action or proceeding brought against the Purchaser and shall pay any adverse judgement entered therein so far as such action or proceeding is based upon a claim that the use of the Equipment thereof manufactured by the Company and furnished under this Contract constitutes infringement of any patent of a country where the Equipment is sold, or of a country where the Company is aware at the date of sale that the Equipment will be used, providing the Company is promptly notified in writing and given authority, information and assistance for defence of same, and the Company shall, at its option, procure for the Purchaser the right to continue to use said Equipment, or modify it so that it becomes non-infringing or replace the same with non-infringing Equipment or remove said Equipment and refund the purchase price. The foregoing shall not be construed to include any agreement by the Company to accept any liability whatsoever in respect of patents for inventions including more than the Equipment furnished hereunder, or in respect of patents for methods or processes to be carried out with the aid of the said Equipment. The foregoing states the entire liability of the Company with regard to patent infringement.

10) WARRANTY: Accessories or equipment furnished by the Company, but manufactured by others shall carry whatever warranty the manufacturers have conveyed to the Company and which can be passed on to the Purchaser. The Company shall not be liable for any repairs, replacement or adjustments to the Equipment or any costs of labour performed by the Purchaser or others without the Company's prior written approval. The effects of corrosion, erosion and normal wear and tear are specifically excluded from the Company's Warranty. Performance warranties are limited to those specifically stated within the Company's proposal. THE COMPANY EXCLUDES ALL OTHER CONDITIONS, WARRANTIES OR REPRESENTATIONS OF ALL KINDS EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE (EXCEPT THAT OF TITLE) INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS RELATING TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Correction by the Company of nonconformities whether patent or latent, in the manner and for the period of time provided above shall constitute fulfilment of all liabilities of the Company for such nonconformities, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise with respect to or arising out of such equipment.

11) LIMITATION OF LIABILITY: The remedies of the purchaser set forth herein are exclusive and the total liability of the company with respect to this contract or the equipment and services furnished hereunder, in connection with the performance or breach hereof, or from the manufacture, sale, delivery, installation, repair or technical direction covered by or furnished under this contract, whether based on contract, warranty, tort, negligence, indemnity, strict liability or otherwise, shall not exceed the purchase price of the unit of equipment upon which such liability is based.
The Company and its suppliers shall in no event be liable to the Purchaser, any successors in interest or any beneficiary or assignee of this contract for any consequential, incidental, indirect, special or punitive damages arising out of this contract, or any breach hereof, or any defect in, or failure of, or malfunction of the equipment supplied hereunder, whether based upon loss of use, lost profits, revenue or interest, lost goodwill, work stoppage, impairment of other goods loss by reason of shutdown or non-operation, increased expenses of operation, cost of purchase of replacement power or claims of the Purchaser or customers of the Purchaser for service interruption whether or not such loss or damage is based on contract warranty tort or negligence, indemnity strict liability or otherwise.

12) GOVERNING LAW: The rights and obligations of the Purchaser and the Company shall be governed and construed in accordance with the Laws of England and the Purchaser submits to the non-exclusive jurisdiction of the English Courts.

13) EXECUTION: The Company shall not be bound by any contract or any modification thereto until approved in writing by a Director of the company. The Contract, when so approved, shall supersede all previous communications, either oral or written.

The trap benefits from:

Improved production efficiency without downtime due to failed steam traps

Elimination of expensive steam leaks

Reduction in maintenance - with a full ten year performance guarantee on all Venturi orifice steam traps

Increasingly the first choice for blue chip and forward thinking businesses.