'Sea-going launch for the Political Agent, Bahrain. Corr. re: Kelvin Engine.' [‎127v] (288/398)

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General
Terms of Business
for the Sale of Marine and Stationary Engines, and Motor Boats.
1. Specifications. As improvements and alterations are con
tinually being made which may vary our Specifications to some
extent, we reserve to ourselves the right to make such variations
without notice.
2. Delivery . Unless otherwise specially quoted, delivery will
be made at our Works or at Building Yard. When required, we
will quote prices, including the cost of freight and insurance to
any part of the world. Any period quoted for delivery will be
calculated from date of receipt by us of signed Contract or first
instalment of Contract price, whichever shall be the later, and is
subject to extension in any of the following events ;—
Fires, floods, strikes of workmen, breakdown of machinery,
defective castings, failure of makers to deliver material or fittings,
delay on the part of the customer in supplying any technical or
other information necessary to enable us to proceed with the
work, or delay due to any other unforeseen cause.
The Company is not to be liable in damages for any non-delivery
or delay or damage in course of delivery.
3. Packing is quoted separately. Charges for packing are not
subject to discounts. Cases, chocks, etc., for boats are not
returnable.
4. Payment , unless otherwise specially quoted, will, for Great
Britain and Ireland, be due as to one-third with order, and the
balance when goods are ready for delivery at our Works ; for
export, one-third with order, and balance against shipping
documents in England.
5. Tenders . Tenders are made subject to customers' credit
being proved, and are also subject to acceptance within four,
weeks unless otherwise specified.
6. Inspection, Tests and Trials , where desired before accept
ance, to be made at our Works or in the neighbourhood of our
Building Yards, where delivery is taken in all cases, and no claims
will be entertained subsequently except under the guarantee
specified below.
7. Export . In the case of boats or machinery for export, it is
specially requested that purchasers should arrange for inspection,
examination and tests before delivery, as no subsequent claim
of any description will be entertained after delivery from our
Works or Building Yard, either as regards goods or packing except
under the guarantee specified below. All goods despatched are at
consignee's risks.
8. Drawings . Unless specifically stated, illustrations and
drawings are not to be considered as binding with respect to detail.
9. Exhibitions, Competitions, etc . Motor goods are only
supplied on condition that in Great Britain, Ireland, Isle of Man
or Channel Islands they shall not be exhibited at any Exhibition
or Show other than any Exhibition or Show held or approved by
the Society of Motor Manufacturers and Traders Limited for the
Exhibition of Motor Goods by its Bond Signers, and shall not be
used in any competition, competitive trial or collective demon
stration unless approved by the Society of Motor Manufacturers
and Traders Limited. Any breach of this provision shall render
the purchaser liable to pay to us such sum not exceeding £250 as
we may ourselves be respectively liable for under our contract with
the said Society or the Makers as the case may be.
10. Orders . Purchasers' Orders of Contracts shall not be con
sidered binding on us until accepted in writing from our Head Office.
11. The Term " Agent " is used in a complimentary sense
only, and those firms whom we style our agents are not
authorised to advertise, incur any debts or transact any business
whatsoever on our account other than the sale of goods which
they may have purchased from us ; nor are they authorised to
give any warranty or make any representation on our behalf
other than those contained in the guarantee specified below.
12. Responsibility during Installation . Where the instal
lation of machinery is included in our tender, we undertake re
sponsibility for any damage by our own staff to the plant supplied
by us, but we do not undertake responsibility for consequential
damage, nor for any other damage, loss, injury, accident, claim,
etc., arising from any cause or circumstance over which we have
no direct control.
18. Insurance . Any boat or other vessel and all machinery
and materials for use therein will be held by us at our risk until
such boat has been completed and delivered to the Purchaser.
We will keep such boat, machinery and materials insured against
loss or damage by fire and all other risks during construction and
until delivered at Building Yard. All damage to the vessel or the
materials or machinery to be used in its construction will be
made good by us and at our expense.
14. Liability when under way . Customers' engines or craft are
driven by our employees only at customers' risk and responsibility.
15. Indemnity . The purchaser shall indemnify us against all
claims in respect of any accident occurring to his own workmen,
or employees, or to any person in connection with the Contract
during its progress other than our own workmen or employees.
16. Motor-propelled Vessels . All orders for Motor-propelled
vessels will be subject to the Company's form of Contract to be
entered into and signed by both parties and to payment of the
first instalment of Contract price on or prior to signature of the
Contract.
17. Designs and Tenders . In supplying designs and/or
tenders for machinery or boats, every care is taken by the Companv
to meet local or other conditions according to information supplied
by customers, but the Company cannot undertake any responsi
bility as to the suitability or fitness of the machinery or equipment
or boat for any particular purpose after signature of Contract or
approval of designs by the customer, except as regards the
Guarantee Clause as mentioned below.
18. Speeds of Boats . The Coir-pany does not undertake any
responsibility for speeds, draughts or other results of boats other
than those constructed by the Company, and then only under the
conditions of Contract to be entered into for such boats.
19. Guarantee . All Thornycroft Marine or Stationary Engines,
and Engine Components, are sold and are deemed to be accepted
by the purchaser, subject only to the following guarantee which is
given in lieu of any guarantees, warranties, conditions or liabilities
whatsoever expressed or implied which otherwise might exist by
Common Law Statute or otherwise.
The Company guarantees, subject to the conditions mentioned
below, that all precautions which are usual and reasonable have
been taken to secure excellence of materials and workmanship,
but this guarantee is to extend and be in force for twelve months
only from the date of delivery of the Engine or Engine Component,
and the damages for which the Company makes itself responsible
under this guarantee are limited to the cost of replacement or
repair of any individual part which may have proved defective.
Conditions of Guarantee . In the event of any defect being
disclosed in any individual part of a Thomycroft Marine or Station
ary Engine or Component the Company will repair or replace,
free of charge, such defective individual part subject to the following
conditions :—
(1) The defective individual part must be detached from the
Marine or Stationary Engine, or from the Engine Component,
of which it forms a separable item, and returned to the Com-
panv's Works at Reading within twelve months after the
delivery of the Marine or Stationary Engine or Component,
carriage paid, accompanied by an intimation from the sender
that he desires to have it repaired or replaced free of charge
under this guarantee.
(2) The defect must be found when examined by the Company
to be due exclusively to faulty material or bad workmanship,
and not to wear and tear, dirt, misuse, neglect, accident, over
loading or other similar causes.
(3) The Company is not to be liable for labour or for any loss
or expense arising from breakdown of any parts or for any
consequential damages direct or indirect, or for any repairs
made or attempted to be made without the written sanction of
the Company.
(4) This guarantee does not apply to specialities of other
firms or to electric fittings, and is limited to new Marine or
Stationary Engines and new Engine Components bought direct
from the Company or its duly authorised agents.
(5) This guarantee does not include the cost of fitting the
repaired or replaced individual parts, which parts must be taken
over by the purchaser at the Company's Works at Reading.
(6) Any liability on the Company's part is subject to the
terms of payment and other obligations to the Company under
the Contract being strictly observed.
20. Claims . Any claims made under our guarantee clause cannot
be taken to interfere with settlement of any account due by
purchaser at the stipulated times.
21. Second-hand Craft are offered as and where they lie.
The particulars supplied are believed and shall be taken to be
accurate, but we cannot undertake any responsibility for defects,
variations or omissions which may be found on subsequent inspec
tion nor for the suitability of the craft for the service for which
they are required.
When by reason of the introduction of a Purchaser commission
is payable to a Yacht- Broker Often a local commercial agent in the Gulf who regularly performed duties of intelligence gathering and political representation. and such commission is claimed
by two or more Brokers it shall be paid to the Broker Often a local commercial agent in the Gulf who regularly performed duties of intelligence gathering and political representation. nominated
by the Purchaser, and such payment shall absolve us from any
liability to any other Broker Often a local commercial agent in the Gulf who regularly performed duties of intelligence gathering and political representation. either for commission, compensation
or otherwise.
We do not in any way guarantee the Title of an owner desirous
of selling his vessel or his shares therein, nor shall the acceptance
by us of a deposit on his behalf nor the handing over of or dealing
in any way with the purchase-money and/or any documents
purporting to transfer the ownership relieve the Purchaser of any
part of his liability to investigate and satisfy himself as to the
title of such owner.
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12 Printed in England by Vacher & Sons, Ltd., Westminster, S.W.i.— 78470.