Terms and Conditions
Kraft & Bauer UK
Terms and Conditions Of Supply
These terms and conditions form part of the order and therefore the contract between Kraft & Bauer UK and our customers. Please take the time to read these carefully.
1.Payment Terms.
Unless otherwise agreed, the payment terms for installations shall be 30% Upon Order, 60% upon Delivery and 10% upon installation and test. The payment terms for service work are 100% after completion and the payment terms for spare parts are 100% after delivery. In all cases, unless otherwise agreed, invoices are to be paid within 30 days of supply; new customers by pro-forma invoice. In particular the 60% upon delivery payment for installations is not subject to any installation work being started or completed and is due once delivery of the material to the customers site has been made. Any supplied equipment remains the property of Kraft & Bauer UK until payment in full has been made. Upon final payment, title will pass to the purchaser.
- Order Cancellation / Order postponement.
Cancellation may result in you having to pay for all goods especially in case of a non-standard item. In this case the goods will be delivered to you and must be paid for. Order Postponement. We allocate engineers according to the specific dates agreed between us. Once dates have been agreed and accepted by both us as the supplier and you as the customer then we reserve the right to charge for days that become wasted if our engineers cannot be employed on other jobs if you request your order/work to be delayed. We will not make any additional charge if we are able to allocate our engineers to do other work.
- Installation and supply of services.
If we are installing a system on a machine it must be clean, be free of oil, swarf and contaminants, and must be under power and be ready to hand over to us at the agreed date of arrival; unless otherwise agreed in writing this to be as from 0900 hours on the agreed date of fitment. We require sole access to the machine. The customer is responsible for providing services such as air and power to points agreed between us. Air is required for connection to mist extraction flaps (between 2 and 8 bar) and for IR/UV sensors (0.5 bar). Specifically excluded from our scope of supply is ducting or adaptation to existing ducting as is needed for the fitting of mist extraction flaps. The diameter of ducting dictates the size of mist extraction flap required and must be confirmed to us at the time of order placement. The machine and the surrounding area should ideally be sectioned off for safety reasons. We allow a maximum of 30 minutes as from the due arrival time at the customers works for any health and safety induction course of similar. If access is not granted within 30 minutes then we will invoice for the delay at out usual hourly rates. A lengthy delay in being granted access may mean running over into an extra day and this may result in excess charges such as an extra overnight stay in a hotel room. This is chargeable to the customer.
- Interfaces to machine tools.
Our fire systems are designed to be fitted to most machine tools. This necessitates an interface to the machine to include for: a) Connection to the machines e-stop circuit and b) Connection to the machine's operator door safety circuit. This interface is absolutely necessary to ensure the system meets CE-approval and health and safety legislation. In the event of activation, the fire system will interface with the machines e-stop causing the machine to stop. In case the operator door is open it will not release gas (either Co2 or Argon) to ensure operator safety (if at the time of an activation, doors are open, but doors are subsequently closed manually within a 30-minute period it will then release gas). It is the responsibility of our customer (in conjunction with him liaising with the machine supplier/maker as required) to ensure that access to the machines e-stop circuit is possible (note this is normally a closed circuit) and we must have a connection to wire into in order to extend the machines e-stop circuit to go through a normally closed relay in our control panel. This relay opens upon activation of our system. This requirement may mean that a separate interface board must be provided by the customer for us to link in to. For the interface to the door, we require a continuity/non continuity change of state upon the opening and closing of the doors. This must be done prior to us installing on-site and we require confirmation and information on what has been provided before we visit to install our system.
- Prices.
Unless otherwise included for, prices are quoted ex-works and therefore unless otherwise indicated; packing, delivery and insurance is at extra cost. In particular any customs duties, tariffs, import duties concerning the UKs exit from the EU are currently excluded and if applicable are extra and are to be paid for by the customer. - Paintwork.
Unless otherwise stated, cabinets, cylinders and any accessories are painted to the manufacturer's standard.
- Training.
Unless otherwise quoted for, demonstration and any training courses will be at extra cost according to our normal rates. Training certificates are issued to named individuals and expire after 3 years; at which time the training course must be repeated.
- Manufacturers Standards.
The fire system and all associated equipment will be built according to the manufacturer’s standards. Any customer specific standards must be specified and agreed, prior to build and supply of our system; any extra costs involved are the responsibility of the purchaser. The equipment will comply with current EC regulations (CE approved). - Delivery Time.
The quoted delivery time is an estimate and cannot be guaranteed. We will not be liable for any costs that a purchaser may incur due to a later on supply than that which was estimated.
- Guarantee.
Kraft & Bauer systems are guaranteed for a period of 12 months from final delivery/installation - unlimited hours. Warranty covers the free of charge replacement of defective parts and where applicable installation of those parts. Parts which have been worn or damaged due to bad handling, improper operation or inadequate maintenance, are not covered. Defective parts, which are replaced under warranty, have to be returned to us for inspection. In particular our systems are not covered under warranty of the security stickers have been tampered with or removed. Guaranteed parts shall provide neither an extension of the period of guarantee nor the actuation of new deadlines. The guarantee period for installed spare parts shall terminate with the guarantee period of the complete equipment; this no later than 12 months as from supply. Systems that have been serviced by anyone other than ourselves or have not been serviced within the recommended intervals (every 12 months as a minimum) are not guaranteed. In the event of any incident, especially one involving an incident of fire and/or one that otherwise may have caused, or caused, injury to operators or damage to machinery, the machine that the fire system is fitted to must not be touched until such time as we are able to attend to examine it. In the event that our company has not performed the necessary (annual) inspection, the parties agree that no blame can be asserted against us for any damage or improper function that then occurs. In such cases the guarantee and product liability of our company shall be fully excluded. All liabilities shall also be excluded if any discovered defects are not immediately reported to us in writing, or if the operating/ maintenance instructions for the equipment, filling or accessories have not been complied with. In case of a customer advising us of a fault or error and if it is subsequently arranged for us to visit to resolve the issue under warranty; in the event that the reported malfunction of the equipment was caused by defective foreign hardware, defective foreign software, installation or operation by others, or poor general maintenance, of if the system is checked and no fault to be found, we reserve the right to invoice the purchaser for any labour or travelling costs involved.
- Routine Maintenance.
The customer must note the general routine maintenance tasks that must be done to ensure that our systems are kept running in an operable and reasonable condition. These are listed in the end-user manual. General maintenance must be done and records of that kept. We will not be held responsible for the operation of our systems if the systems have not been fully maintained in accordance with the recommended general maintenance guidelines.
- Technical changes.
Our offers are subject to change without notice. Documentation supplied by us such as brochures, advertisements, drawings, manuals, illustrations, weights and measurement specifications or other technical data, shall be considered as not binding unless its validity is expressly consented to in writing. Technical alterations to the form, colour and/or weight shall remain reserved within the scope of reasonableness, just as performance alterations, if they are conditional on technical further development, or the function of the subject matter of the contract, is thereby not significantly changed. Qualities shall be considered as guaranteed only if confirmed by us in writing.
- Delivery / Damage.
Upon delivery of the goods by the forwarder/haulage contractor to the customer the danger/risk of accidental loss, damage and deterioration of the goods shall pass over to the customer. Any damage identified by the customer upon arrival of the goods must be advised to us immediately and the goods rejected upon delivery.
- Liabilities.
Our liability shall be limited to the foreseeable, contractual, indirect average damage for negligent breach of duty, not to exceed the coverage of our comprehensive public and products liability insurance (currently £5,000,000). This shall not apply to gross breach of duty by our legal representatives or various agents. We shall not be liable for slight negligent breach of insignificant contractual obligations. Other claims by the customer against us shall be excluded. This shall particularly apply to claims for compensation because of breach of duties from the contractual obligation or from tortuous acts. We shall not be liable for damages that have occurred after delivery of the goods. Above all, we shall not be liable for the loss of sales or other pecuniary losses of the customer. The exemption clause shall not apply to intentional or gross negligent breach of duty by us or our legal representatives or various agents. Claims for compensation by the customer because of a defect shall become statute-barred 1 (one) year after delivery of the goods. This shall not apply if we are accused of fraudulent intent. The legal periods of limitation shall apply for consumers. The aforementioned limitations on liability shall not concern claims from product liability by the customer. It is agreed that the limitations on liability shall not apply to non-attributable personal damage and damage to health, or the loss of a customer's life.
For any inquiries, please contact us at: sales@kraftandbauer.co.uk