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Terms & Conditions

  1. FORMATION OF CONTRACT.
    Delfin UK Industrial Vacuums contracts with the Customer in accordance with the following terms only. These terms are deemed to be accepted by The Customer unless express written variations are negotiated which may only be authorised be a director of Delfin UK Industrial Vacuums.
  2. ORDERS.
    Orders accepted by Delfin UK Industrial Vacuums either orally or In writing shall not be cancelled either wholly or in part, nor may the Customer suspend the deliveries hereunder without the consent In witting of a director of the Firm and subject to compliance by the Customer with such reasonable requirements as to compensation for costs Incurred by Delfin UK Industrial Vacuums.
  3. PRICES
    Prices are always those ruling at the time of delivery of the goods or hire of the equipment.
  4. DESPATCH.
    a) Delfin UK Industrial Vacuums reserve all rights as to whether to use its own transport.
    b) Where outside carriers are used, Delfin UK Industrial Vacuums where possible will follow the Customer's request.
    c) The Customer must immediately notify Delfin UK Industrial Vacuums in writing if the goods have not been received within seven days of the date of the Firm's advice note or invoice.
    d) The Customer must notify Delfin UK Industrial Vacuums and the Carrier In writing within one working day of receipt of any breakage or shortage.
    e) Delfin UK Industrial Vacuums when notified of any damage In transit reserves the option to repair or replace the goods providing notification of damage has been made within one working day of receipt and all rules and conditions of the Carrier relating to damaged, destroyed or missing goods nave been complied with
    f) Risk shall pass to the Customer on delivery not withstanding that ownership shall remain with Delfin UK Industrial Vacuums until payment is made.
  5. PROPERTY AND RISK
    a) Until the price for the goods has been paid in full to Delfin UK Industrial Vacuums, the Customer shall remain a bailee only and the ownership of the goods shall remain with Delfin UK Industrial Vacuums.
    b) Similarly, where parts are supplied by Delfin UK Industrial Vacuums in contracts of repair, service, rectification or modification, the property in parts will remain with Delfin UK Industrial Vacuums until payment is made by the Customer.
    c) If the customer incorporates goods owned by Delfin UK Industrial Vacuums into other products with the addition of his own goods or those of others, of uses such goods as materials for other products with or without such addition, the property in those other products is upon such incorporation or use Ipso facto transferred to Delfin UK Industrial Vacuums and the Customer as bailee of them will store the same for Delfin UK Industrial Vacuums in a proper manner without charge to the Firm.
    d) The Customer has the right to sell the goods or such other products to a bona fide purchaser within the framework of the normal carrying on of his business and to deliver them on condition that if Delfin UK Industrial Vacuums so requires the Customer as long as he has not fully discharged his debt to Delfin UK Industrial Vacuums shall hand over to the Firm claims he has against his purchaser emanating from this transaction. Where Delfin UK Industrial Vacuums exercises this requirement It will account to the Customer for any excess of proceeds from the Customer's purchaser less any expenses necessarily incurred.
    e) Where the Customer received payment from his purchaser for goods belonging to Delfin UK Industrial Vacuums, the Customer has a fiduciary duty to the Firm to account to Delfin UK Industrial Vacuums for the proceeds but may retain therefrom any excess of such products over the amount outstanding and due to Delfin UK Industrial Vacuums.
    f) The Customer grants Delfin UK Industrial Vacuums an irrevocable and licence to enter the Customer's premises where Delfin UK Industrial Vacuums goods are in possession for the purpose of repossession and this right and licence shall extend to any authorised employee or agent of the Firm and to the Firm’s vehicles.
  6. INSTRUCTIONS FOR SAFE USE.
    Customers are advised to ensure that themselves, their employees agents and purchasers read the Instructions supplied with the goods, follow those instructions and if they have any difficulty in interpreting the instructions shall seek advice from Delfin UK Industrial Vacuums prior to using any machine.
  7. RETURNS FOR CREDIT.
    Delfin UK Industrial Vacuums disclaims any liability for goods returned without their written consent. Any goods approved for return must be advised in writing quoting the Firm's invoice number. The Firm disclaims liability for any return whilst In transit to Delfin UK Industrial Vacuums. Delfin UK Industrial Vacuums reserves the right to charge a reasonable handling charge where this is justified.
  8. SETTLEMENT TERMS.
    a) Payment terms will be stated on each invoice.
    b) Delfin UK Industrial Vacuums at its discretion reserves The right to withdraw any discount given off the list price of the goods if payment for the goods is not received by the date or terms stated on the invoice. Delfin UK Industrial Vacuums can exercise this right in addition to any other rights it may have in respect of the goods or nonpayment.
    c) Delfin UK Industrial Vacuums at its discretion also reserves the right to charge interest on accounts outstanding beyond the payment date or terms stated on the invoice. The rate of interest shall be 2.5% per month. Delfin UK Industrial Vacuums reserves the right to charge this rate of interest at any time. Delfin UK Industrial Vacuums can exercise this right in addition to any other rights it may have in respect of the goods or non-payment.
  9. CONDITIONS.
    The rights Of Delfin UK Industrial Vacuums or the Customer shall not be prejudiced or restricted by an indulgence or forbearance extended by either party to The other and waiver of rights by either party in respect of any breach by the other shall operate as a waiver in respect of any other or subsequent breach.
  10. FORCE MAJEURE.
    Delfin UK Industrial Vacuums accepts no responsibility for loss, delay or non-delivery arising by reason of riot, civil commotion, war whether declared or not, accident, shortened hours of labour, strikes, lockouts, storm, flood, fire or any other circumstances (whether of the kind hereinbefore mentioned or not) beyond the control of the Firm.
  11. LEGAL CONSTRUCTION.
    These terms shall in all respects be constructed and operate as any English contract in conformity with English law
  12. ORAL VARIATION.
    No employee of Delfin UK Industrial Vacuums is authorised to vary these conditions orally and an oral variations shall be invalid.
  13. WARRANTY.
    Delfin UK Industrial Vacuums undertake to return to the manufacturer any goods for warranty claims provided that the original machines have been registered under the manufacturer's terms and that such goods are accompanied by the relevant details required by the manufacturer. Delfin UK Industrial Vacuums do not accept any liability for any such claims, which are rejected by the manufacturer for whatever reasons. It is the responsibility of the Customer to return items to Delfin UK Industrial Vacuums for transfer to the manufacturer.
  14. LIABILITY
    Delfin UK Industrial Vacuums will be liable for direct loss and damage to persons or property to the extent caused by our negligence in the performance of our obligations but not otherwise provided that -
    a) Our total liability for such loss or damage shall not exceed £500,000.
    b) Delfin UK Industrial Vacuums shall not be liable to its agents or customers for any loss of profits or contracts or other consequential loss.
    c) Written notice of a claim shall be given to us not later than three months from the date of the occurrence giving rise to the loss or damage above referred to. Delfin UK Industrial Vacuums' liability in respect of any defect or failure of the goods supplied or for any loss or injury or damage attributable thereto and all warranties conditions or liabilities are hereby excluded except as provided above and except for our liability for death or personal injury caused by our negligence.

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