Pullman Instruments - Specialists in Calibration and Measurement

Terms & Conditions

Terms & Conditions of Sales / Service

Disclaimer
These terms and conditions are the company’s position of accountability. Where all of the conditions below are not met, the company reserves the right to change or cancel any agreed terms of sale/service.

1. Definitions
The following Terms and Conditions should be read in conjunction with any Estimates, Quotes, Service Agreements or Contracts that will be issued by Pullman Instruments (UK) Ltd. It is your responsibility to familiarise yourselves with this document.

For the purpose of these standard Terms and Conditions, the following expressions shall have the meanings listed below:
· The “Company” shall mean Pullman Instruments (UK) Ltd.
· The “Customer” shall mean any company, firm, individual to whom this document is addressed.
· “Conditions” or “Stipulations” shall mean a demand be placed the Company without an agreement.
· “Inconsistent” shall mean any terms that are applied to an order that attempts to supersede, or are in conflict with any already agreed terms.
· “Accredited” shall mean calibration services carried out will be done to the highest measurement capability. The results will be issued on a certificate carrying the UKAS or equivalent, official mark.
· “Non-Accredited” shall mean calibration services carried out will be reported traceable to National and International Standards.
· “As Found” or “Before Adjustment” shall mean the initial set of results taken to fulfil the customer’s order.
· “As Left” or “After Adjustment” shall mean the set of results taken to adjust any unit back into specification, where this is possible, to fulfil the customer’s order.
· “Calibration Failures” shall mean any calibration routines that cannot be because due to unreported but identified faults.
· “Estimates” shall mean the process followed to asses, identify and record work needed to be done to resolve reported faults. This process is subject to change and is not fixed once any work commences.
· “Quotations” shall mean any costs issued to the customer against any requisitions, or against any official quotes submitted to the customer by the Company.
· “Triage” shall mean the sorting of and allocation of a system of priorities needed to rectify faulty equipment.
· “Acceptance” shall mean the compliance with the terms of an offer made by another.
· “sub contracted” shall mean an approved third-party supplier.
· “Cancellation” shall mean an attempt of the termination of a contract or order.
· “alteration” shall mean a variation made to the terms that affects the rights and obligations without consent to do so.
· “Administration” shall mean the process of covering all costs associated with the collection, booking in and despatch of customers equipment.
· “suspended” shall mean the temporary pause of a service or contract.
· “delayed” shall mean a change to the agreed delivery schedule submitted by Company to Customer which is imposed on Company by Customer.
· “Property” shall mean monetary value of any equipment sold by Company to Customer.
· “Bailer” shall mean that the Company will relinquish of possession, but not ownership of goods and assets sold/serviced.
· “Determination” shall mean the conclusion of a dispute rendering a final decision.
· “Repudiation” shall mean a none acceptance of a contractual obligation if that obligation has not been met.
· “Irrevocably” shall mean a guaranty that shall not be rescinded.
· “Indemnify” shall mean the promise by one party to compensate the other for any loss suffered.

2. Conditions of Contract
No conditions or stipulations, which are in, or attached to the Customers form of order and which are inconsistent with these terms, or which add to or modify them in any way, shall have any effect, unless expressly agreed in writing by a Director of the Company at the time of each separate order. In the absence of such acceptance the customer shall be deemed to have withdrawn or waived his conditions or stipulations and to contract solely upon these terms.

All calibrations, accredited or non-accredited, shall be carried out across the operational range of the unit or as appropriate, unless otherwise requested by the customer.

Where a calibration routine has been completed and an ‘as Found’ or “Before Adjustment” certificate can be produced, this will be stored as a completed certificate.
Where adjustments can be made to produce an ‘As Left’ or “After Adjustment” certificate, this will be done as part of our standard terms of service, and will be included in the final calibration cost. Where no adjustment is possible, the ‘As Found’ certificate will be produced reporting the errors for the customer to refer to. This will be charged at the normal calibration rate.

Calibration Failures due to fuses and batteries will be rectified to allow completion of the calibration process, and will be charged for accordingly. If further minor faults are identified, but can be resolved quickly, a Calibration Failure Report will be raised and, identifying to the customer the nature of the minor faults, with the associated costs for customers approval and submission of relevant purchase order number to cover said work.

Customer’s equipment sent in specifically for repair, will run through our internal estimation triage process. The triage process will be used to assess any faults and the costs will be raised accordingly. This process is not a fixed one, any estimates raised are subject to alterations as other issues are identified.

Where any quotations have been raised by the company and costs have been submitted to the Customer for approval, no goods or services will be completed until a written confirmation covering the amount provisioned on the quote is received from the Customer.

All asset managed work sent in will be managed through internally approved suppliers that hold and maintain equal, or better levels of service accuracies and uncertainties. A directory of all sub-contractors is kept and maintained for audit purposes. Manufacturers are also included in the sub contract process and will be used to deliver any service requirements where commercially sensitive restrictions impede our ability to complete services internally.

3. Cancellation
After acceptance, orders shall not be subject to cancellation or alteration except with the agreement of the Company and unless cancellation, or alteration charges are paid by the Customer. This charge will be applied for all in house work at £37.00. For any sub contracted work, the cost issued to the Company, will be passed on to the Customer. An additional administration fee of £37.00 will be added to the final cost, plus all carriage and handling fees

As part of the cancellation process, we now offer a WEE scrappage service where any units that are no longer deemed usable after the quotation has been rejected, can be disposed through our authorised waste handlers for a fee of £12.00 per item.

4. Prices
Quotations are valid for a period of 90 days from the date of issue, unless otherwise stated. If the delivery of goods is delayed at the request of the Customer the amount invoiced shall be calculated on the basis of the price ruling on the day of dispatch. In the event that work is suspended or delayed by the customers instruction or lack of instructions, the price shall be subject to an increase to cover any extra expenses, labour and interest charges incurred. Quotations and estimates that are submitted for approval by the customer may incur a rejection fee. If the quote is accepted the rejection fee will be waived. All quotations/calibration fault reports that are not approved after the 90 days may be held for a further period of 30 days to allow additional time to complete the approval process. If no response is received, the unit in question will be returned and the inspection fee will be charged, along with any additional shipping/handling fees. All quoted prices are exclusive of VAT which will be added at the rate applicable at the date of dispatch.

5. Property in Goods
Until full payment has been made of the price of the goods, and of other sums whatsoever which are or may become outstanding from the Customer to the Company, including debts and liabilities arising before and after the date of contract;

a) The property in the goods shall not pass to the Customer and the Customer shall keep the goods as bailer for the Company and shall return the goods to the Company if and when requested.

b) The Customer is licensed to sell the goods in the ordinary course of business in the name of the Customer and as principal and not as agents for the Company, notwithstanding the fact that the title of the goods has not then passed to the Customer, but the benefit of any such contract or sale and the proceeds of any such sale shall belong to the Company absolutely.

c) The Company shall keep and safely store the goods in such manner that they can be identified as the property of the Customer, and is responsible for cover against all risks of loss, damage or destruction.

d) In the event of the determination or repudiation of the contract (howsoever occurring) the Company and its appointed agents are hereby irrevocably authorised to enter on to the premises of the Customer and repossess the goods and any other goods in the Customer’s possession the property in which is vested in the Company. In the event of the Company or any of its agents exercising its rights of repossession, the Company shall not be liable for any damage to property or premises caused while effecting repossession.

e) The Customer will keep the goods free from, and will indemnify the Company against, any charge, lien or other encumbrance thereon

6. Property in Service
Until full payment has been made of the price of calibration and or service by the Customer, results of calibration and or service remain the property of the Company (stored for 5 years). These results can be destroyed if payments are not made.

7. Emergency Orders
If the Customer requires an emergency calibration an additional price of 20% of the standard calibration price will be added to the invoice. This uplift will be applied to while you wait, same day, 24 Hour & 48 Hour turnaround times.

8. Packing and Transit
The Company reserves the right to select methods of packing and shipment, where possible customers equipment will be handled by our internal transportation. If not possible we will, at our discretion provide a collection/delivery service by our contracted couriers, acting as agents for the Company. Any additional cost of special packaging and transportation outside of our normal freight service, will be added to the invoice. Any transit insurance cover costs that are needed to return units back to Customer, where the value of the goods exceeds £1,000.00, will be added to the final invoice. The insurance cover is charged £10.00 per £1,000.00 of the actual purchase value of goods been shipped.

The company should inform the customer straight away of any damage identified on receipt of customers equipment, to clarify if the goods were sent in like that. A picture supporting the customers declaration must be provided by the Customer to support any claims we will make to our freight handling supplier.

For goods shipped back to the customer, the company must advise the company within 24 hours of receipt of any damaged equipment or shortages. On receipt of specific instruction from the Company, any damaged equipment must be returned complete and securely packed, carriage paid, quoting the Company’s advice note and giving the reasons for return and the number and date of the Company’s delivery note. A process of investigation will then begin. Where courier issues are evident, the company will begin the claims process. Where the full facts are not evident, a similar timescale will be need to make a full determination of facts before any decision on how to indemnify the customer shall be made.

The company will not take responsibility for items request to be left at a disclosed location without an approved person there to take receipt and sign for the consignment. These are classed as at ‘the customer’s risk’.

9. Damage or Loss in Transit
· Disclaimer

No conditions or stipulations, which are in, or attached to the Customers form of order and which are inconsistent with these terms, or which add to or modify them in any way, shall have any effect, unless expressly agreed in writing by a Director of the Company at the time of each separate damaged or lost property issue. In the absence of such acceptance the customer shall be deemed to have withdrawn or waived his conditions or stipulations and to contract solely upon these terms.

The company will take no responsibility for loss or damage of any parcels shipped by couriers to ourselves, or back to the customer, where no official signature has been produced as evidence of good received/delivered. Additionally, the company will take no responsibility for loss or damage of any deliveries carry out by our internal transportation where the customer has not signed for the goods in the prescribed manner.

The Customer should advise the Company within 24 hours of receipt of any damaged equipment or shortages. On receipt of specific instruction from the Company, any damaged equipment must be returned complete and securely packed, carriage paid, quoting the Company’s advice note and giving the reasons for return and the number and date of the Company’s delivery note.

- Process for reporting loss or damages
If a customer’s unit has been deemed as LOST, the company will proceed to inform customer of the loss, the company will then carry out a process as follows. We must ensure that we indemnify the customer for any loss where these specific criteria are met;

- An investigation process shall be used to assess accuracy of all information provided by customer. Any equipment sent in must be accompanied by an official and fully completed company document, or, an acceptable alternative that provides us with sufficient company information to link to an active account.

- The customers paperwork must include the Make, Model and serial number and date of purchase (if possible). A further assessment on condition of unit will be carried out. Upon completion of these steps, a determination on replacement options will be made.

- The customers paperwork, must be accurate and valid. Any incomplete paperwork will be identified during a review process. If found to be inaccurate or inconsistent in any way, regardless of whether these units have been into the company before. The company will relinquish any responsibility waived against us for loss of goods not recorded. Where the company and its staff are responsible for errors on documentation, then the company will agree to accept liability.

- The company will inform the customer that a record of the loss of property has been made. This will be made on the company’s internal improvement actions register, documenting all of the details of the service delivery delay and failure.

- The customer will be advised that the normal 5-day service will be suspended to allow sufficient time to carry out a search for the lost property. This will take a period of up to 4 weeks to complete.

- If the period of investigation and search does not produce the lost item/items, the company will then make a determination based on all information provided whether to supply a like for like (NOT NEW) unit at the company’s expense.

- The company does not operate a ‘NEW FOR OLD’ replacement scheme.

- Where a direct replacement is not available, then permission will be sought from customer allowing the company to supply a suitable replacement (New or used).

- If a replacement unit is supplied and at a later stage the items turn up, the company holds the right to reimburse any losses incurred through this process, through the sale of said equipment.

- As an option, to alleviate any pressure due to loss of time/production, where feasible a loan unit can be supplied.

Where items are deemed lost, the company may be willing to offer a free of charge loan of a similar unit, if we have one available on our hire fleet. This will be available for the period of time taken to resolve any issues raised

Where the specifics are proven not to have been met, the company, without repudiation, shall irrevocably rescind responsibility.

10. Terms of Payment
Payment in respect of goods and services shall be due on currently agreed terms, and will be from the date of the Company’s invoice. Standard terms are 30 days from invoice date unless otherwise agreed in writing. New credit applications will be approved only after a credit check has been conducted and requestor found to be credit worthy. Where payment is not made within those agreed terms, the Company may at its sole discretion forward a further invoice charge of £37.00 which will be levied for late payment. Nothing in these conditions shall confer any right upon the Customer to return the goods or to refuse or delay payment. The Company reserves the right to suspend supplies without notice to any Customer whose account is in arrears and to supply against pro-forma invoice procedure only. We also reserve the right to withhold certificates of calibration on accounts which are in arrears.

11. Guarantee
Payment in respect of goods and services shall be due on currently agreed terms, and will be from the date of the Company’s invoice. Standard terms are 30 days from invoice date unless otherwise agreed in writing. New credit applications will be approved only after a credit check has been conducted and requestor found to be credit worthy. Where payment is not made within those agreed terms, the Company may at its sole discretion forward a further invoice charge of £37.00 which will be levied for late payment. Nothing in these conditions shall confer any right upon the Customer to return the goods or to refuse or delay payment. The Company reserves the right to suspend supplies without notice to any Customer whose account is in arrears and to supply against pro-forma invoice procedure only. We also reserve the right to withhold certificates of calibration on accounts which are in arrears.

12. Health and Safety
The goods supplied by the Company, when used in normal or prescribed applications within the specifications for mechanical and electrical performance provided for the product, will not cause any danger or hazard to health and safety if normal engineering practices are observed and they are handled and used by skilled and trained persons in accordance with the relevant regulations and the accepted rules and practices for the industry concerned.

The company accepts no responsibility for misuse and abuse of any piece of equipment while in the care of the customer.               

Approved By: MK Issue 13           Date: 28.02.25

Please contact us on 01423 720360 if you need any further information
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