Scope of these conditions
These conditions apply to all offers, quotations and sales by Knighthood International Ltd, incorporating Knighthood International Security Ltd, and Knighthood International Fire Ltd hereafter referred to as “THE COMPANY” of any goods to any purchaser or potential purchaser, (the "Purchaser").
a. Quotations and Acceptance
A quotation by “THE COMPANY” does not constitute an offer and may be withdrawn or revised at any time prior to “THE COMPANY’S” acceptance of the Purchasers order.
Any order placed by the purchaser with “THE COMPANY” (whether or not in response to a quotation) shall constitute or be deemed to have constituted an offer to “THE COMPANY” to purchase goods or services on these conditions. “THE COMPANY” have full discretion in accepting or rejecting any order.
Any dates or times quoted for supply or delivery are to be treated as estimates only and “THE COMPANY”, while it will use all reasonable endeavors to meet these, will not be liable for any failure to do so. The customer will be responsible for obtaining all necessary consents and permissions required for installation of the system and will be responsible for and bear the cost of any reinstatement or redecoration required following on the installation, removal, inspection, testing, adjustment or repair of the system. Systems provided by the Company will be installed to the relevant standards specified in the quotation.
b. Contract Period and Cancellation
‘Contract Period’ is a minimum period of 12 months from the installation date and continuing thereafter from year to year on the anniversary of the installation date. Cancellation by either party shall be not less than six calendar months notice in writing.
The prices payable for goods shall be those quoted by “THE COMPANY’S” in quotation, email or verbal for such goods in effect at the time of dispatch, unless otherwise agreed in writing and countersigned by an authorised representative of “THE COMPANY”.
“THE COMPANY” shall have the right at any time to withdraw any discount and / or to revise prices to take into account increases in costs including (without limitation) costs of any goods, materials, carriage, labour or overheads or the increase or imposition of any tax duty or other levy and any variation in exchange rates.
Unless otherwise specified prices quoted are quoted exclusive of the costs of transport, insurance, value added tax, withholdings, customs duties and all other taxes and charges (all of which shall be payable by the Purchaser).
Terms of Payment
Unless otherwise agreed in writing (by a Director) the purchase price for each installation order shall be paid in accordance with the invoice schedule of works and final payment upon completion of the installation. Payment terms for all renewals are due on or by their renewal dates, payment terms for callouts are 30 Days. However “THE COMPANY” is entitled to, at its sole option to require earlier payment of all or part of the purchase price of any order, including full payment at the time the order is placed. No counterclaim or set-off by the purchaser may be deducted from any payment due on any account whatsoever without the written consent of “THE COMPANY”. If Purchaser fails to make any payment when due, “THE COMPANY” is entitled without judicial intervention, to require immediate payment of all outstanding orders, deem the related order and all other orders by Purchaser canceled or to delay on such orders without prejudice to “THE COMPANY’S” other rights or remedies (including the right to recover damages). If “The Purchaser” Continues to be in default of payment “THE COMPANY” reserve the right to terminate the contract with seven days notice.
Any extension of credit allowed to the purchaser may be changed or withdrawn at any time, Interest shall be payable on overdue amounts accruing on a daily basis at the rate of 3% over NatWest base rate from the due date for payment until receipt by “THE COMPANY” of the full amount whether before or after judgment. “The Purchaser” shall indemnify “THE COMPANY” on demand against any out of pocket expenses incurred in relation to the recovery of any overdue amounts.
Installation/delivery, Risk and Returns
Installation/delivery dates supplied in any quotation, order acceptance form or elsewhere are approximate and not of any contractual effect. “THE COMPANY” shall not be under any liability to the purchaser in respect of any failure to deliver on any particular date or dates nor shall delay in installation/delivery be a basis for cancellation of any order by Purchaser.
Unless otherwise agreed in writing, “THE COMPANY” shall be entitled to deliver the goods by installments. In such cases each installment shall constitute a separate contract and any defect in any one or more installments shall not entitle the Purchase to repudiate the contract as a whole nor to cancel any subsequent installment.
Save as otherwise provided in these conditions, risk of loss, of or damage to the goods shall pass to the Purchaser on installation/delivery to their premises as stipulated in their order or when placed in their possession or that any carrier or transport provided by the Purchaser, whichever shall occur first. “THE COMPANY” shall be under no obligation to accept return of any equipment. If “THE COMPANY” should offer to accept return of equipment that is not faulty then it shall do so on the terms that the customer shall pay a sum in respect of the costs so incurred equal to 30% of the full invoice value.
The Purchaser may not without the prior written consent of “THE COMPANY” assign all or any of its rights under any contract or purchases incorporating these Conditions
Retention of Title Until Payment
Title of the goods supplied pursuant to any one order shall not pass to the Purchaser until payment in full of the price due and payable to “THE COMPANY”
In respect of the same order (including any interest or other payment due in respect of these goods). If any sum paid by the Purchaser is less than all the amounts the due to “THE COMPANY”, “THE COMPANY” may (not withstanding any direction to the contrary by the Purchaser) apply that sum to amounts due in respect of goods which have at that time been re-sold or otherwise disposed of by the Purchaser, before applying any part of that sum to goods still in the Purchasers possession. Until payment has been made in full for any goods the Purchaser shall have possession of those goods as bailee “THE COMPANY” and shall store the goods in such a way as to enable them to be readily identified as the property of “THE COMPANY”, and keep proper and accurate records to enable “THE COMPANY” to distinguish goods for which payment has been made in full from those goods for which payment is outstanding. “THE COMPANY” reserves the right to repossess any goods in respect of which payment is overdue and thereafter to re-sell the same and for this purpose the Purchaser hereby grants an irrevocable right and license to “THE COMPANY’S” servants and agents to enter upon all or any of its premises with or without vehicles during normal business hours. The provisions of this condition shall continue in force notwithstanding termination of the contract howsoever caused.
All warranties, conditions and other terms implied by statute or in common law (save to any condition implied by Section 12 of the Sale of Goods Act 1979) is, to the fullest extent permitted by law, excluded from this agreement.
“THE COMPANY” shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser as a direct or indirect result of the supply of goods by “THE COMPANY” being prevented hindered delayed or tendered uneconomic by reason of circumstance or events beyond “THE COMPANY’S” reasonable control including but not limited to Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen materials or transport or other circumstances affecting the supply of goods or of raw materials thereof from “THE COMPANY’S” normal source of supply.
Limit of Liabilities
Nothing in this agreement excludes or limits the liability of “THE COMPANY” For the death or personal injury caused by “THE COMPANY’S” negligence or Under Section 2 (3) of the Consumer Protection Act 1987: - or
For any matters for which it would be illegal for “THE COMPANY” to exclude or attempt to exclude its liability.
Exclusions from the contract are: -“THE COMPANY’S” total liability in contract Subject to conditions of warranties and Force Majeure, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arriving in connection with this Agreement shall be limited to the amount specified in the company’s insurance schedule a copy of which can be seen on request; and exclusions 10.2 (a) and 10.2 (b)
(a) “THE COMPANY” shall not be liable to the customer for any pure-economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of this agreement.
(b) Where the system has been interfered with or where either damage or faults with the system have not been reported to the company
Failure by “THE COMPANY” to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
To the full extent possible each provision of these Conditions shall be construed in such fashion as to be effective and valid under applicable law. If a court of competent jurisdiction with respect to particular circumstances declares any provision void, illegal or unenforceable such provision shall remain in full force and effect in all other circumstances. If any provision is declared entirely void illegal or unenforceable by a court of competent jurisdiction, all other provisions of these conditions shall remain in full force and effect.
Notices & Governing Law
Any notice hereunder shall be deemed to have been duly given if sent by prepaid first class post or facsimile to the party concerned at its last, known address. Notices sent by first class post shall be deemed to have been given 24 hours after dispatch and notices sent by facsimile shall be deemed to have been given on the date of dispatch. All contracts incorporating these conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts