Enham Terms & Conditions
These Terms and Conditions are effective from 01.04.2005 until further notice.
1. Definitions
You, the Customer a person or company buying Products or Services from us.
Consumer a private person buying Products or Services for private use. If you are a Consumer, please find your specific rights and exceptions in Section 19.
Enham (us, our) the Product vendor as identified on your invoice and, where relevant, Service provider.
Enham-branded Product products that are marked with the “Enham” brand.
Order Confirmation formal acknowledgement of Product or Services ordered by you, sent or provided by Enham.
Price stated in Order Confirmation.
Product as described in Order Confirmation, may include Enham-branded products, other Enham products and services, 3rd Party Products and Services.
Services as described in Order Confirmation.
Service Provider Enham or its authorised Service experts.
3rd Party Products and Services all products and services that are not Enham-branded Products, other Enham products, Enham services.
1. Application These Terms & Conditions apply to this or any sale, or Service and all statements by Enham in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to these Terms & Conditions must be confirmed by an authorised signatory of Enham in writing. Any other Terms and Conditions are excluded. Placing your order means that you are entering into an Agreement with Enham which is bound by these Terms & Conditions.
2. Quotations/Orders/Contract Quotations are only valid in writing and during the period that they state. If unstated, the period is 15 days (incl. 3rd Party Products and\Services). Orders may be received by writing, internet, telephone or fax but are only binding when accepted by Enham in a written Order Confirmation. Please check the Order Confirmation and notify Enham of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement. If an order for low value is placed for Products or Services, it is accepted subject to the minimum order charge ruling at the time of acceptance.
3. Price & Payment Terms Products and Services prices, tax, transport, insurance and installation are as shown on your invoice. Changes to exchange rates, duties, insurance, freight and purchase costs (incl. for components and Services) may cause Enham to adjust prices accordingly. Payment will be made before supply or Service or, if agreed, within 30 days of the invoice date without further notice from Enham. Enham does not accept 15,000 Euros or more (or currency equivalent) in cash for any single payment transaction.
4. Delivery/Title/Risk The delivery period in the Order Confirmation is approximate and is not therefore to be treated as the essence of this contract. Delivery by instalments may be made. The place of delivery is stated in the Order Confirmation. Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify, pledge or sell them. Enham may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become Enham’s agent and the proceeds of that sale shall be held on our behalf, separately from your general funds. Enham may sue for the Price before title passes. If you refuse delivery without Enham’s agreement, you must pay Enham’s expenses or loss resulting from that refusal, including storage costs, until you accept delivery. Risk of the loss of goods passes to you on delivery. Where the Customer or Consumer collects the goods, risk shall pass on collection. Enham shall not be liable in any way for any direct or indirect loss, damage or expense (including loss of profits and liability to third parties) which may be suffered by the Customer or Consumer in consequence of late despatch, or delivery from whatever cause the same may arise, including but not limited to Enham’s negligence or that of our servants or agents.
5. Acceptance When you receive Product you must inspect it for any defects or non-conformity within 7 days. After this period, you will have accepted Product. If Enham agrees to the return of Product at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you.
6. General Liability and Maintenance Guarantee
In lieu of any warranty, condition, or liability implied by law (which save as herein provided are hereby excluded) our liability in respect of any defect in or failure of Product or Services supplied or failure of such Product or Services to comply with their contractual description or to be fit for any particular purpose stipulated therefore by the Customer or Consumer prior to the contract, or for any loss, or damage attributable thereto, is limited to making good or replacement or repair defects, non-compliance with description or lack of fitness for a particular purpose which, under proper use appear therein and arise solely from faulty materials or workmanship within a period of 6 calendar months after the original Product has been despatched or Services delivered at the termination of which period all liability on Enham’s part shall cease provided that –
i. This clause shall not operate so as to exclude or restrict Enham’s liability at law for death or personal injury caused by Enham’s negligence.
b. Enham’s liability shall be conditional upon the defective goods having been
i. Paid for in accordance with clause 9 and
ii. Returned carriage paid to the site stipulated by Enham
c. If it should be found necessary with Enham’s agreement in writing to effect such repairs or replacement using labour and materials other than our own then our responsibility shall be limited to the costs and expenses which would have been incurred if the work had been carried out at Enham’s stipulated site.
d. If the customer should require Enham to investigate a defect or breakdown at their premises on the terms of this warranty clause Enham shall only be obliged to do so upon receipt of a specific, written order. If the defect or failure of the Product or Services is not Enham’s liability Enham shall be entitled to charge the Customer or Consumer in full for all costs incurred on and off site in investigating and making good such defect or breakdown.
e. In the case of Product not of Enham’s manufacture or Services not provided by Enham the Customer or Consumer is entitled only to such benefits as Enham may receive under any guarantee given to Enham in respect thereof.