Please see below for our disclaimer and Terms and Conditions of Sale.
Disclaimer of Use
The data provided in this website is intended for general informative purposes only and does not constitute advise or recommendations which are not binding in any form. Although every effort has been made to ensure that the information provided is both accurate and up to date, we accept no responsibility for any errors.
We hereby distance ourselves expressly from any linked websites, for which we accept no responsibility for whatsoever. The contents of this website may only be distributed or duplicated in any way with the express prior permission of Stevenson Textile Machines.
General Conditions of Sale
1. Formation of Contract
These Conditions shall apply to the exclusion of any terms of the Buyer and shall be deemed to have been delivered to the Buyer first and last in time.
The Invoice shall be deemed to be the contract between seller and buyer.
The conditions of the Contract are set out in the Invoice. No variation of these Conditions shall be binding on the Seller unless agreed and signed by the Seller
2. Description of Machinery
Any description of the machinery made by the Seller, whether orally, or in writing, or contained in any drawing, photograph or other illustration, with reference to the weight, measurement or dimensions thereof, is approximate only.
While all representations as the quality and fitness of the machinery, whether oral or in writing, made by the Seller, are made in good faith, no such representation shall form a term of the Contract, nor shall the Seller be held liable for any inaccuracy therein, nor shall the Buyer rely thereon.
No warranty is given by the Seller as to the machinery, nor shall any warranty be taken to have been given or implied from anything said or written in negotiations between the Buyer and the Seller, and any statutory or other warranty, term, condition or description express or implied, as to the sate, quality or fitness of the machinery, is expressly excluded to the fullest extent permitted by law.
All prices set out in the contract are ex-works un-packed unless otherwise stated.
The Buyer shall pay all deposits and the balance of the purchase price in accordance with the terms set out in the Contract.
7. Late Payment
If the Buyer fails to make payment by the date set out in the contract, the Seller reserves the right to charge interest on the overdue amount at the rate of 3% above Lloyds/TSB Base rate.
Unless otherwise agreed, orally or in writing, the Seller shall deliver the machinery to the place or places, and in the manner specified in the Contract, but so that the Seller shall be under no obligation to deliver the machinery before the deposit and any other sums due prior to delivery, as specified in the Contract, shall have been paid by cleared funds.
Any time or date named by the Seller for delivery is given and intended as an estimate only, and the Seller shall not be liable to make good any damage or loss arising directly or indirectly out of delay in delivery.
Delivery shall be taken by the Buyer within the period (if any) specified in the Contract, or if no period is specified, or if the machinery is not ready for delivery within the specified period when the machinery is ready for delivery. Such details as may be necessary to enable the Seller to complete delivery accordingly, or as may be required by the Seller, shall be supplied by the Buyer. If, for any reason, the Buyer is unable to take delivery of the machinery within the period specified, or when it is ready for delivery, the Seller shall be entitled by written notice to treat the Buyer’s failure to take delivery as a repudiation of the Contract but in any event the Buyer shall be liable to the Seller for the reasonable costs (including insurance) of storing the machinery and of taking all reasonable steps to prevent its deterioration from the time of the Buyer’s failure to take delivery until the actual delivery or disposal of the machinery, but so that this provision shall be in addition to, not in substitution for, any other payment or damages for which the Buyer may become liable, or for any remedy to which the Seller may become entitled by reason of the Buyer’s failure to take delivery at the appropriate time or any other breach by the Buyer.
In the case of orders for more than one machine, the Seller shall be entitled to make part deliveries.
Defects in quality or dimensions on any delivery shall not be grounds for cancellation or repudiation of the Order of Contract or the remainder thereof.
Until the Buyer has made payment in full by cleared funds for the machinery and for any other goods or services provided by the Seller to the Buyer:
• No property in the machinery or other goods shall pass to the Buyer.
• The Buyer shall not remove the machinery from the premises to which it has been delivered.
• The Seller may for the purpose of recovering its machinery, or any other goods supplied to the Buyer, enter on to the premises of the Buyer and may repossess the same.
Notwithstanding the provisions of Clause 8, the risk of any loss or damage to the machinery or goods or deterioration thereof from whatever cause arising shall pass to the Buyer from the time of the despatch of the machinery or goods from the Seller’s works, or in the case only of goods despatched by sea from the time when the machinery is placed on board ship, unless otherwise specified in the contract.
The Seller shall be under no obligation to give the Buyer the notice specified in Section 32(3) of the Sale of Goods Act 1979.
11. Second-hand Machinery
The Seller gives no guarantee or warranty in relation to second hand machinery unless specifically mentioned in the contract. The Buyer is responsible for any examination, investigation or testing of second-hand machinery and takes the machinery as seen.
12. Limits on Seller’s Liability
The Seller shall not be responsible for damage, injury or loss of any kind whatever, to any property or person however caused, arising from the assembly, installation or use of the machinery, or from the use of electricity in connection with the assembly, installation or use of the machinery and this clause shall apply to any breach of Contract by the Seller, however fundamental.
13. Non-Assignment to Buyer
The Buyer shall not be entitled to assign any of its rights under the Contract without the consent in writing of the Seller.
14. Determination of Contract
If any distress or execution shall be levied on the Buyer, his property or assets, or if the Buyer shall make, or offer to make, any arrangement or composition with the creditors or commit any act of bankruptcy or if any petition or interim order in bankruptcy shall be presented or made against the Buyer or if the Buyer shall be a limited company and any resolution or petition to wind up such company’s business shall be passed or presented otherwise than for reconstruction or amalgamation, or if any class of receiver of such company’s undertaking property or assets or any part thereof shall be appointed, the Seller shall have the right forthwith to determine the Contract and any other Contract with the Buyer and upon notice in writing of such determination being posted or delivered by hand by the Seller to the Buyer’s last known address, the Contract shall deemed to have determined.
In these Conditions ‘Seller’ shall in all cases include any servant or agent of the Seller and ‘Machinery’ means the machine or machines the subject-matter of the Contract.
Neither the Buyer nor the Seller shall be bound by any variations, waiver of or addition to these Conditions, save as agreed by the Buyer and the Seller in writing and signed by the Buyer and the Seller.
17. Jurisdiction and Proper Law
The parties hereto irrevocably submit for their mutual benefit to the jurisdiction of the English Courts. Any dispute, matter or question to be determined or decided in connection with this Contract shall be determined subject to English Law.
The Company shall not in any event be liable to the Buyer by reason of any term of this Contract or any duty at common law or otherwise for any indirect consequential loss or damage (whether for loss or profit or otherwise) cost expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which (directly or indirectly) arise out of or in connection with the supply of or the failure to supply the machinery or its use or resale by the Buyer.
Where any provisions of these Conditions or the Contract shall be held to be void or invalid by any Court of Tribunal or authority of competent jurisdiction, then such provision or part of that provision shall be deemed to be deleted from these Conditions and the remainder of these Conditions shall remain unaffected and in full force.
No cancellation, suspension or variation of the Contract will be agreed to by the Seller, otherwise on terms which compensate the Seller in respect of any losses arising from such cancellation.
19. Force Majeure
The Seller shall be relieved from all liability under the Contract if and to the extent that it shall be unable to carry out all or any of its obligations hereunder owing to war, strikes, lock-outs, Governmental controls or restrictions, non-availability of goods or raw materials or without prejudice to the generality of the forgoing any reason beyond the Seller’s control.