Terms and Conditions of Sale


These Terms & Conditions of Sale apply to all quotations issued by Newgate (Newark) Ltd – hereinafter referred to as ‘The Company’ – and apply to all orders or contracts accepted by ‘The Company’ for its goods, or services.

  1. Validity – the period for which all quotations issued by ‘The Company’ shall be valid is only 30 days from the date of issue, unless such period is expressly modified by the mention in the quotation.
  2. Design, Patent, Copyrights etc. – all design rights, patent rights and copy rights including any listings, drawings and specifications are hereby specifically excluded from the benefits to the purchaser which are the subject of quotations issued, or orders/contracts accepted by ‘The Company’, all Technical, or other information (including that on our website) issued by ‘The Company’ is so issued in food faith and without liability for errors or omissions and without liability in respect of information supplied by others.
  3. Guarantees and Warranties – All goods supplied, and services carried out by ‘The Company’, shall be of good quality and suitable for operation in the manner intended by ‘The Company’, as expressed in ‘The Company’s’ quotation, or order acceptance. However, ‘The Company’ shall in no way be liable for the consequences of use, or non-use of the equipment or services supplied.  In the event of any defect appearing in ‘The Company’s’ materials or workmanship, ‘The Company’ will replace, free of charge, any defective component, or make good defective workmanship, provided that the purchaser notifies ‘The Company’ in writing, and gives us full access to the equipment, within Twelve Months of the date in which the goods were despatched by ‘The Company’.  After this period a charge will be made by ‘The Company’.  If the goods have not been used, or maintained in accordance with ‘The Company’s’ information supplied with the goods, or have been misused, then the Warranty will be forfeit.  In the event of the goods being installed by ‘The Company’, the Warranty will commence from the final date of installation and commissioning.
  4. Despatch Periods – delivery periods mentioned in ‘The Company’s’ quotation, or order acceptance are estimates only, made in good faith, and are based on ‘The Company’ having full and sufficient information to enable ‘The Company’ to proceed uninterruptedly. The failure of the customer, or his representatives to produce such information could have an effect on the lead time of the product, should this happen, a revised despatch period shall be negotiated by ‘The Company’, with the purchaser, and without penalty to ‘The Company’.
  5. Delivery to Site and Offloading – will only be carried out by, or on behalf of, ‘The Company’ to the extent specified in ‘The Company’s’ quotation or ‘RAMS’, this will be based on the purchaser providing to ‘The Company’ full information as to the site location and/or despatch address and confirming, in writing, that we will be given free, and un-interrupted access to the site and unloading area. If our delivery vehicle is kept waiting on site for a time not considered acceptable or reasonable, then we reserve the right to return without completing the scheduled delivery, at an extra additional cost to the purchaser.  Goods damage ‘in transit’ must be advised to the customer within 24 hours, and in writing (with photographic evidence).
  6. Order/Contract Amendments – any alteration or variation to an order or contract will only be put into effect when a) the variation has been confirmed in writing; b) a revised price has been agreed c) a revised despatch/installation date has been agreed. Verbal instructions will not be accepted.
  7. Cancellation – of an order or contract, that has been accepted by ‘The Company’ will only be put into effect if the purchaser agrees to pay the full amount notified by ‘The Company’ in respect of value of material and labour committed, together with a reasonable amount towards overheads loss of profits and cost of disturbance of ‘The Company’s’ manufacturing programme.  ‘The Company’, may cancel or suspend the order, giving the purchaser written notice, if the purchaser becomes insolvent or fails to pay for the goods.
  8. Terms of Payment
    1. Payment is due within 30 days of the invoice date, unless otherwise agreed in writing.
    2. Where deposit stage payments, or proforma terms are agreed, payments must be made when the order is placed, or at agreed dates with ‘The Company’. Failure to agree to these terms could lead to contract cancellation, or revised/extended delivery dates.
    3. We reserve the right to issue proforma invoices to non-account purchasers, or purchasers with a history of low credit rating or poor financial trading.
    4. The ownership of the goods which form the subject matter of the contract shall only pass to the purchaser when those goods have been paid for in full to ‘The Company’.
    5. ‘The Company’ will not be obliged to undertake any warranty work if any payment is outstanding.
  9. Interpretation – of these conditions, and the contract, is in accordance with English Law, irrespective of the ultimate destination of the goods.
  10. Arbitration – in the event of any dispute arising as to the interpretation of these conditions and the conduct of the parties hereto, the matter shall be referred to arbitration, in accordance with the current arbitration act, and subsequent legislation thereof.
  11. Safety – when ‘The Company’s’ workforce are tasked to carry out work on the purchasers/customers site, the purchaser must ensure that the workplace is safe for our operatives and that there is suitable access, lighting and welfare services available. We reserve the right to amend, or cancel, any site work/installations if we feel that the site conditions are unsafe.
  12. Installation and Commissioning – unless otherwise agreed in writing, the installation and commissioning of your goods will be carried out in one visit only, and in normal working hours, Monday to Friday. ‘The Company’ reserves the right to charge extra for manpower, plant, haulage, etc., in the event of there being any variation in this, however, such variation is caused.  If the installation is delayed, through no fault of ‘The Company’, but the goods are complete and ready for delivery/installation, then we will offer to store the goods for you, at a reasonable charge.

Can't find what you're looking for?

Our team can design and build truly unique products, tailored to your exact specifications. If you have a specialist requirement, please contact the team at Newgate today.

Contact the Team