1. INTERPRETATION
1.1 In these conditions
"CUSTOMER" means the person who accepts the quotation overleaf of the Company
for carrying out the Works and supplying the Materials detailed in the quotation
"WORKS" means the Works which the Company is to carry out in accordance with these Conditions
"MATERIALS" means the Materials which the Company is to supply in accordance with these conditions
"COMPANY" means PHOENIX HYDRAULIC AND ELECTRICAL SERVICES LIMITED (registered in England
under number 1562813)
"CONDITIONS" mean the standard terms and conditions of sale set out in this document and (unless the
context otherwise requires) includes and special terms and conditions agreed in writing between the Customer
and the Company
"CONTRACT" mean the contract for the carrying out of work and supply of materials
"WRITING" includes telex, cable, facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that
provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these conditions are the convenience only and shall not affect their interpretation.
2. BASIS OF THE SALE
2.1 The Company shall carry out the Works and supply the Materials and the Customer shall pay for the Works and
Materials in accordance with any written quotation of the Company which is accepted by the Customer subject
to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject
to which any such quotation is accepted or purported to be accepted or any such order is made or purported to
be made by the customer.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised
representatives of the Customer and the Company.
2.3 The Company's employees or agents are not authorised to make any representations concerning the Works
and Materials unless confirmed by the Company in Writing. In entering into the Contract the Customer
acknowledges that it does not rely in and waives any claim for breach of any such representations which are
not so confirmed.
2.4 Any advice or recommendation given by the Company or its employees or agents to the Customer or its
employees or agents as to the suitability application or efficacy of the Works or Materials which is not confirmed
in Writing by the Company is followed or acted upon entirely at the Customer's own risk and accordingly the
Company shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of
offer invoice or other document or information issued by the Company shall be subject to correction without any
liability on the part of the Company.
3. ORDERS AND SPECIFICATIONS
3.1 No acceptance tendered by the Customer shall be deemed to be accepted by the Company unless and until
confirmed in Writing by the Company's authorised representative.
3.2 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any request for a
quotation (including any applicable specification) submitted by the Customer and for giving the Company any
necessary information relating to the Works within a sufficient time to enable the Company to perform the
Contract in accordance with its terms.
3.3 The quantity, quality and description of any specification for the Materials shall be those set out in the
Company's quotation (if accepted by the Customer) or the Customer's order (if accepted by the Company)
3.4 If the Materials are to be manuf
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