1. Governing Conditions
These terms and conditions shall govern the contract between the Buyer and Chapman Machinery Ltd (thereinafter referred to as “the Company”) and no other terms or conditions which may appear on any document issued by the Buyer shall be binding on The Company, unless expressly agreed in writing by the Company.
The price for the goods is exclusive of VAT. Any order received from the Buyer shall be accepted at the price prevailing at the date of despatch to the Buyer and shown on the Company's invoice. Unless otherwise agreed, prices are excluding carriage. The Company reserves the right to increase prices (whether specifically quoted or not) to take account of increases in the cost of materials, wages and other costs relative to the Company's activities.
No order accepted by the Company for goods specifically manufactured, assembled or altered to the Buyer's order shall be cancelled under any circumstances without express written agreement, which may take into account any loss to the Company by such cancellation.
4. Delivery Date
(a) The Company operates a two working day delivery service wherever possible. Although this is quoted in good faith, the Company gives no undertaking that the goods will be delivered within this period and the term shall be deemed not essential to the contract.
(b) The Buyer must give notice to the Company of any damaged goods within 3 days of delivery of the goods or in the case of non-delivery of the goods within 7 days of receipt of the invoice in respect thereof and no claims will be accepted thereafter. The Company must be given the opportunity to inspect damaged goods if the Company deems is necessary to do so, and retains the right to withhold replacement goods, if necessary, until original goods have been returned for inspection.
(c) The Company may, at its discretion, deliver goods in instalments.
The information contained in the advertising, sales and any other technical literature issued by The Company may be relied upon to be accurate only in the exact circumstances in which it is expressed, otherwise any illustrations, performance details and all other technical data in such literature are based upon experience and trials under test conditions. Accordingly the information contained in The Company's publications is provided for general guidance only and forms no part of the contract and shall not in any circumstances constitute a trade description. The Company reserves the right to change or amend specification without notice.
(a) Unless otherwise agreed in writing payment is due following a period of thirty "30" days from invoice date. Property in the goods shall not pass until payment due under the contract or otherwise received in full by the Company. Until payment to the Company in full, the Buyer shall hold in store at his expense the goods on the Company's behalf, with licence to use the goods, such licence being revoked automatically on the insolvency or bankruptcy of the Buyer.
(b) in the event of insolvency or bankruptcy of the Buyer, the Company will have the right to re-enter the Buyer's premises and remove all or any of the goods under such licence (whether or not the same should have been incorporated with other goods to form a new product, provided the goods are capable of removal and subsequent re-use) without prejudice to its right to sue for non-payment in full the Company shall have a lien on all property of the Buyer in its possession.
(c) In the event of default in payment by the Customer in accordance with agreed terms, the Company shall be entitled without prejudice to any other right or remedy to suspend all further deliveries and to charge interest at the rate of 3% per annum above the Nat West bank base rate in force at the relevant time.
7. Delivery in Passing of Risk
Risk shall pass to the Buyer on delivery, notwithstanding that title to the goods does not pass until payment in full is made to the Company.
8. Fitness of Purpose
The Buyer acknowledges and agrees that the Company has made no representation, warranty or condition (other than any made in writing, signed for and on behalf of the Company and solely referable to the Company) that the goods are fit for the particular purpose.
The Company accepts no liability for consequential loss or damage of any kind whatsoever arising with regard to goods supplied by the Company and so far as is legally possible the Company accepts no liability whatsoever arising under the contractual terms implied here and by the Sale of Goods Act 1893 and 1979. Supply of Goods (implied terms) Acts 1973, Supply of Goods and Services Act 1982 and Unfair Contract Terms Act 1977.
(a) Whilst the Company will endeavour to manufacture and deliver goods in good condition due to the varied and unpredictable circumstances and/or conditions in which they may be stored and/or used the Company accepts no liability or responsibility whatsoever save as provided by condition 4 (b) here in respect of alleged defects or faults .
(b) No liability is accepted for any direct or indirect cost, damage or expenses relating to damage to property or injury or loss to any person, firm or company or any loss of profits or production arising out of or occasioned by any defect in or failure of goods or by materials or parts thereof supplied by the Company
10. Export Deliveries
In respect of all contracts for the sale of goods outside the United Kingdom the Customer will provide any necessary export licences, import licences or exchange control authorisations within a reasonable time prior to the date of shipment.
11. Legal Construction
Unless otherwise agreed in writing the contract shall in all aspects, operate as an English contract in conformity with English Law. The Buyer formally accepts the terms and conditions herein contained and no variation or amendment thereof shall bind the Company without the consent of the Company having been given in writing in advance of signing the contract.
Chapman Machinery is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Chapman Machinery may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 29th November 2010.
What we collect
We may collect the following information:
name and job title
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at email@example.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Chapman Machinery, Hele Barton, Week St.Mary, Holsworthy, Devon, EX22 6XR.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.