COMPANY POLICIES
1. Scope and Application
These Terms and Conditions of Sale (“Terms”) govern all sales by Knaresborough Engineering (Yorkshire) Limited (“Knaresborough Engineering”) to the buyer (“Client”) of custom-fabricated goods (“Goods”). Knaresborough Engineering supplies only custom fabrications and does not offer stock or off-the-shelf items.
2. Quotes, Orders, and Modifications
Quotes: All quotes are valid for 30 days unless otherwise stated. To proceed, the Client must sign off on the quote, acknowledging acceptance of terms, prices, and specifications.
Order Modifications: Any modifications to an order after acceptance require a revised quote, which will reflect any changes in scope, cost, or delivery times. The Client must accept the revised quote before modifications are applied.
3. Drawing Approval and Production
Approval Requirement: Production of the Goods will not commence until the Client provides written approval of all relevant drawings. Delays in obtaining this approval may impact the agreed lead time.
Client Delays: Any delays by the Client in providing necessary approvals, specifications, or information may effect the delivery schedule. Knaresborough Engineering shall not be liable for delays caused by the Client’s failure to meet these requirements.
4. Delivery Terms
Ex-Works (EXW): Goods are sold Ex-Works unless otherwise specified in the quote, with the Client responsible for collection and transport.
Delivery Services: Where delivery is arranged, Knaresborough Engineering may utilise third-party logistics companies. Clients may request tracking if available; however, tracking is not provided as standard.
Risk and Title: Risk in the Goods transfers to the Client upon collection or delivery, as applicable. Title to the Goods shall remain with Knaresborough Engineering until full payment is received. If payment is not made, Knaresborough Engineering reserves the right to reclaim the Goods.
5. Payment Terms
Standard Payment: Payment is due within 30 days end-of-month (EOM) from the date of the invoice.
Deposits: For larger projects or phased deliveries, a deposit may be required as specified in the quote.
Late Payments: Interest on overdue amounts will be charged at the Bank of England interest rate plus 2%, applied from the due date of payment until settled in full.
Recovery Costs: Any costs incurred by Knaresborough Engineering in recovering overdue payments, including legal fees, will be the responsibility of the Client.
6. Cancellation
Cancellation Policy: If the Client cancels an order after acceptance, they will be liable for all costs incurred up to the cancellation date. This includes proportional costs for any design, planning, and fabrication work that has already been undertaken. If cancellation occurs after fabrication has commenced, charges will be calculated based on the percentage of work completed at the time of cancellation.
7. Force Majeure
Knaresborough Engineering shall not be liable for any failure or delay in fulfilling any obligations where such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, transportation issues, or delays in supplies. If a force majeure event occurs, Knaresborough Engineering will notify the Client as soon as possible and make reasonable efforts to minimise any delay.
8. Warranty, Returns, and Quality Control
Warranty: No warranty or guarantee is provided by Knaresborough Engineering. All Goods are inspected according to Knaresborough Engineering’s internal quality standards before dispatch.
Returns: Defective Goods may be returned only with prior notification, and defects must be advised in writing within 5 working days of receipt of Goods. Goods returned without prior authorisation will not be accepted.
Quality Control Disclaimer: While Knaresborough Engineering adheres to rigorous internal quality checks, the Client is responsible for inspecting Goods upon receipt, including checking for shortages. The Client must provide either the job number reference or their purchase order to help identify the job or parts. Knaresborough Engineering is not liable for defects or issues identified after the inspection period.
Exclusions: This warranty does not extend to parts, materials, or equipment not manufactured by Knaresborough Engineering.
Repair or Replacement: At its sole discretion, Knaresborough Engineering may repair or replace defective parts. No additional liability shall extend beyond repair or replacement.
9. Limitation of Liability
Indirect and Consequential Damages: Knaresborough Engineering shall not be liable for indirect, consequential, incidental, or punitive damages arising from the sale, delivery, or use of Goods, whether under contract, tort, or any other legal theory.
Maximum Liability: Knaresborough Engineering’s total liability in any case shall be strictly limited to the contract value of the Goods supplied under the relevant order.
Insolvency: In the event of Client insolvency, title to the Goods remains with Knaresborough Engineering. Knaresborough Engineering reserves the right to reclaim the Goods, including accessing the Client’s premises to recover them.
10. Patents, Design, and Copyright
All patents, designs, copyrights, or intellectual property developed by Knaresborough Engineering in the course of manufacturing the Goods shall remain the property of Knaresborough Engineering unless expressly agreed otherwise in writing. Any reproduction, adaptation, or distribution of Knaresborough Engineering’s designs or processes without written consent is strictly prohibited.
11. Intellectual Property and Confidentiality
Confidentiality: Knaresborough Engineering will make all reasonable efforts to keep the Client’s fabrications and project details confidential; however, a complete confidentiality guarantee cannot be provided. For highly confidential projects, Knaresborough Engineering is willing to sign a Non-Disclosure Agreement (NDA) upon request and will endeavour, where possible, to maintain the confidentiality of the Client’s fabrications.
12. Governing Law
These Terms and any agreements between Knaresborough Engineering and the Client shall be governed by and construed in accordance with English law. All disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Knaresborough Engineering (Yorkshire) Limited | www.k-eng.co.uk +44 (0) 1937 589000 enquiries@k-eng.co.uk | Registered in England & Wales under Company Number: 07753036
These Terms and Conditions of Sales will be reviewed and updated regularly.
Robert Waller
Managing Partner. Director
Knaresborough Engineering (Yorkshire) Limited — March 2023