Unless otherwise expressly agreed in writing, all Products, Services and Projects supplied by Watercore are under the following terms and conditions which shall include:
(a) The proposal or quote (“Quote”) provided by Watercore;
(b) these Terms and Conditions;
(c) Each purchase order submitted by the Customer and accepted by Watercore.
For the purposes of these terms a reference to “Agreement” shall mean the above documents in clause 1(a) to 1(c).
If there is any conflict or inconsistency between the above documents the documents will rank in order of precedence with the order in which they are listed above.
Each Order issued by the Customer and accepted by Watercore will be accepted on these Terms and Conditions, to the exclusion of all other terms including any terms and conditions referenced or set forth on the face or reverse side of any Order or other document presented by Customer.
No amendment or variation of the Agreement is valid or binding on a Party unless made in writing and signed by both Parties
Unless expressly withdrawn, our proposals are open for acceptance within the period stated therein or, when no period is so stated, within 30 days only after its date.
The Customer will provide Watercore with all necessary information that may reasonably be required to proceed uninterruptedly with the manufacture and commissioning of the Plant.
In the event that the manufacture of the Plant or the Commissioning are delayed by delay in the provision of the necessary information or to changes in such information and the costs of manufacturing the Plant or carrying out the Commissioning or the Works is increased thereby, Watercore shall be entitled to amend the Contract Price to compensate for any additional costs incurred and to extend the completion date by a reasonable period.
All specifications, drawings and technical descriptions submitted with or in connection with our proposal or the Contract are unless otherwise stated our copyright. You shall keep confidential and not without our prior consent in writing disclose to any third party any drawings, designs or information (whether of a commercial or technical nature) acquired from us pursuant to our proposal or the Contract and you shall use the same only for the purpose of adjudicating the proposal, for the purposes of the Contract or for the operation and maintenance of the Plant.
Watercore, on our part, undertake to keep confidential and not to disclose without your prior consent in writing to any third party any trade or business secrets or similar confidential information supplied by you to us relating to your equipment or processes, except as may be necessary for the proper performance of the Contract.
Our employees will work normal hours applicable to the engineering industry, Monday to Friday inclusive, local public holidays excepted. Unless stated to the contrary in our proposal or otherwise agreed, night work, overtime and holiday working are specifically excluded and will be charged extra in accordance with Watercore current rates.
Before delivering any Plant Watercore will undertake our standard tests which inspect and test the Plant for compliance with the Contract and will supply the Customer with a certificate of the results of the tests, with such inspection, testing and certification only being carried out in accordance with our standard processes or to the extent specified elsewhere in the Contract.
Where the Contract expressly provides for tests on Site, the Customer shall provide free of charge such labour, materials, electricity, fuel, stores and apparatus as may be requisite and as may reasonably be demanded to carry out such tests efficiently.
Commissioning shall be performed in accordance with the agreed commissioning test specification (if any) detailed in the Contract and commenced within seven days after we have given written notice to you that the Works have been completed to the point where they are ready for Commissioning.
The Customer will be responsible to ensure that during the period of Commissioning the Plant is working normally in accordance with the operating procedures and limits (if any) laid down and that members of staff or other persons not under Watercore control, whose acts or omissions may affect the operation of the Works, exercise all appropriate skill and care.
Commissioning shall nevertheless be deemed to have been successfully carried out if due to circumstances within the Customer’s control, or that of other contractors, the Commissioning tests are delayed beyond the time stated in the Contract or, when no time is stated, are delayed for an unreasonable time. In such event Commissioning tests shall subsequently be carried out at a time to be agreed and all extra costs incurred by us in consequence of the Commissioning tests being carried out at a date later than that specified in the Contract shall be added to the Contract Price and paid for accordingly.
Unless stated otherwise in the Contract, the Customer will be responsible for the unloading of the Plant and for providing a suitable place of storage for the Plant from delivery until commencement of any post-delivery Works.
If by reason of the Customer’s instructions or lack of instructions Watercore are unable to deliver the Plant when ready, Watercore shall be entitled to store the Plant either at our own premises or elsewhere, and all charges for storage and insurance shall be added to the Contract Price and paid for accordingly, and the Plant shall be deemed to have been delivered.
The customer is responsible for checking the condition of the Plant upon delivery and by accepting delivery of the Plant, the Plant is deemed to have been delivered in good condition and free of patent defects or damage.
Risk in the Plant shall pass on delivery. Unless specifically agreed otherwise, the Customer will be responsible for insuring the Plant against loss or damage thereafter.
Watercore will retain title to the Plant until the Contract Price (including all charges taxes and duties due) has been paid in full.
Under no circumstance Watercore are liable, whether in contract or in tort (including negligence or otherwise) or in equity or under statute or otherwise for any incidental, special, economic, indirect and/or consequential damage or loss (whether or not claimed or suffered by you or any third party) including, but not limited to:
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