Ordering Procedure

USED TRUCKS,PLANT & MACHINERY
1	How We Process Orders
	We specialise in the Procurement of, bidding for, buying and shipping motor vehicles of all makes, types and sizes from the UK and other Western Countries,to our customers in all parts of the world, especially Southern Africa. We handle everything from procurement to delivery. The following is a summary of what generally happens:

There are cases where the customer requires the delivery of the vehicle to their country. We are able to do this as we have agents and other business connections in all the countries we do business; for example in Zambia, we have one connected company(Ditech) based in Kitwe, who act on our behalf as agents. In Malawi we have Alltech who are our agents etc.

Added Value Service is provided where customers ask us to procure other items to go with their vehicle, e.g. one orders a Tipper Truck but also asks us to source some partially used tyres and a spare Truck Engine and Gearbox. We would procure all these and have them packed on to the tipper truck. That way, there is a big saving on freight costs on the additional goods.

Tyres & Tyre Rims

We also supply all types of tyres including dumptruck and underground slick tyres. A full list of tyres is available upon request.We also supply steel and alloy Rims of almost any type or size. Euclid R5 Dump Truck - We have access to numerous, used heavy duty dump trucks such as the Euclid R5 pictured here. Prices available on application.

Medical Equipment

Zamtech procures and distributes Medical Equipment and products, both new and used. We are distributors for some of the world reknowned medical equipment manufacturers and suppliers. We cover the following:sasa

TERMS AND CONDITIONS OF SALE
These terms and conditions (“Conditions”) apply to all transactions for the sale of any products ordered from or to be supplied by Zamtech Procurement (UK) LLP (Registration Number: OC319448) whose registered office is 6 The Old Golf House, Turnberry Fold, Leeds, LS17 7WB (“Seller”). 

1. Definitions and Interpretation
1. In these Conditions unless the context requires otherwise the following words have the following meanings:
1. “Buyer” means the person or organisation which purchases Goods from the Seller;
2. “Confidential Information” means, in whatever form or medium, any and all business, commercial, economic, financial, operational, technical, product, administrative, marketing, planning and staff information relating to a party and all information of a confidential nature which has been acquired by either party about and/or generated by one of the parties using the Confidential Information of the other party;
3.  “Contract” means any contract between the Buyer and the Seller for the purchase of Goods incorporating these Conditions and any enquiry form, acknowledgement, quotation and/or confirmation provided by or accepted by the Seller in accordance with these Conditions;
4. “Enquiry Form” means the Buyer’s enquiry submitted to the Seller in writing, including email;
5. “Goods” means those products listed on the Enquiry Form and/or ordered by the Buyer from the Seller or agreed to be supplied by the Seller to the Buyer;
6. “Loss” means costs, charges, claims, damages, losses (including without limitation any direct or indirect consequential losses), expenses, loss of profits, loss of reputation, judgments, penalties and proceedings and any other losses and/or liabilities;
7. “Named Port” means the port named by the Buyer on the Enquiry Form as the port at which the Goods are to be delivered to a Named Vessel;
8. “Named Vessel” means the vessel nominated by the Buyer to which the Seller shall make delivery of the Goods;
9. “Price” means the price agreed in writing by the Seller on the quotation;
10. “Search Fee” means the fee charged by the Seller for locating the Goods which shall be the sum of £1,000; and
11. “Working Day” means any day which is not a Saturday, Sunday or statutory public holiday in England.
2. In these Conditions:
1. reference to any gender includes all genders and words indicating a person shall include bodies of persons whether corporate or incorporate;
2. reference to a Clause is to the relevant clause in these Conditions;
3. headings are for convenience only and shall not affect the interpretation of these Conditions; and
4. reference to any statute or statutory provision includes a reference to the same as from time to time amended, extended, re-enacted or consolidated and all subordinate legislation from time to time made under it.
2. Application of Conditions
1. The Contract shall be on these Conditions to the exclusion of all other terms and conditions. 
2. The Contract constitutes the entire agreement between the parties and supersedes all previous terms and conditions or agreements between the parties relating to its subject matter.
3. No variation to the Contract shall be binding unless agreed in writing by an authorised representative of the Seller.
4. The Buyer acknowledges that it does not rely on any representation and/or warranty which is not contained in the Contract. Nothing in the Contract shall exclude liability for any fraudulent statement and/or act made prior to the date of the Contract.
3. Enquiry and Contract Formation
1. Each Enquiry shall be deemed to be a request by the Buyer to the Seller to locate the Goods and an offer to purchase the Goods from the Seller subject to these Conditions.
2. The contract between the Buyer and the Seller shall become legally binding only when the Seller accepts the Enquiry by sending a written acknowledgement of enquiry and invoice/ proforma invoice for the cost & including freight where that has been agreed by all concerned, to the Buyer.
3. The Buyer shall pay the invoice/ proforma invoice total amount in pounds sterling (or other preagreed currency such as Euro or US $) to the Seller’s bank account stated on the invoice within 15 Working Days of the date of the invoice. The search Fee of £1,000 or the total invoice value if less than £1,000 forms part and parcel of the invoice / proforma invoice total.
4. If the Buyer does not pay the invoice total including the Search Fee in accordance with Clause 3.3 then without prejudice to any other right or remedy the Seller may have, the Seller shall be entitled to treat the Contract as having been rescinded with immediate effect and the Seller shall have no further obligation or liability to the Buyer.
5. Once the Seller has issued the written acknowledgement of enquiry, the Enquiry may only be amended with the prior written agreement of the Seller.
6. The Seller has the right to increase the Search Fee to reflect any additional cost to the Seller as a result of any subsequent amendment to the Enquiry, or any increases in freight costs not under the seller’s control, or any costs incurred by the seller as a result of delays by the buyer in fulfilling the payment stipulations, or incurred as a result of general delays caused by or arising as a result of the buyer’s actions or lack of action. The seller will at his discretion, pass on any reductions or savings in freight to that originally quoted.
4. Quotation
1. The Seller shall provide the Buyer with a quotation for the Goods together with any photographs [and/or samples] within such time as may be specified by the Seller in the acknowledgement of enquiry, and in any case within 20 working days.
2. Any quotation given by the Seller to the Buyer for Goods will be capable of acceptance by the Buyer for a period of 15 Working Days from the date of the quotation, such acceptance to be indicated by the Buyer paying part of or the full Price in pounds sterling or other pre-agreed currency, to the Seller’s bank account stated on the invoice. 
3. If the Seller does not receive payment of the Price within the specified timed period in Clause 4.2 then the Seller shall be entitled to assume that the Buyer no longer wishes to purchase the Goods at the Price and to treat the Contract as having been rescinded with immediate effect and the Seller shall have no further obligation or liability to the Buyer.
4. The Buyer shall inform the Seller in writing within 5 Working Days of the date of the quotation if the Buyer requires the Seller to provide further photographs [and/or samples].  The provision of any additional photographs [and/or samples] by the Seller shall not alter the date of the quotation or the time period specified in Clause 4.2 for the Buyer’s acceptance of the quotation.
5. Price and Payment
1. No payment shall be deemed to be received until the Seller has received full and cleared funds.
2. Time for payment of any sums due under the Contract shall be of the essence of the Contract.
3. The Price shall be inclusive of VAT and/or any applicable sales taxes and all packaging, labelling and expenses and charges up to and including delivery on board the Named Vessel.  The Price shall be exclusive of freight costs and insurance.
6. Specification
1. The specification of Goods shall be as set out in the quotation.
2. The Buyer is responsible for checking that the specification of Goods in the quotation is accurate and adequate and the Seller shall have no liability to the Buyer for Losses arising as a result of errors in the quotation following payment by the Buyer of the Price and/or any details supplied by the Buyer.
3. Following payment by the Buyer of the Price indicating the Buyer’s acceptance of the quotation and any photographs provided in connection with the Goods specified in the quotation the Buyer shall have no claim in respect of, nor any right to reject, any Goods provided the Goods in question are of the same description, specification, quality and fitness for purpose as set out in the quotation and/or as indicated in the photographs [and/or samples].
7. Delivery
1. The Seller shall deliver the Goods to the Buyer FOB (as such term is defined in Incoterms 2000 which is incorporated into this Contract) to the Named Port.
2. Unless specifically agreed to in writing by the seller, the Buyer shall reserve the necessary space on board the Named Vessel and provide the Seller with:
1. due notice of the loading berth;
2. the delivery date; and
3. any other information required by the Seller to enable the Seller to deliver the Goods on board the Named Vessel at the Named Port.
3. The Buyer shall be liable to the Seller for any Loss incurred by the Seller arising from errors and/or delays in supplying the information provided by the Buyer to the Seller in accordance with Clause 7.2.
4. The Buyer shall bear any additional costs caused by failure of the Named Vessel to be available to load the Goods on the delivery date.
5. The Goods shall be delivered to the Buyer by delivery on board the Named Vessel at the Named Port on the delivery date. The Seller shall promptly notify the Buyer that the Goods have been delivered aboard.
6. The Seller shall provide the Buyer with any customs clearance and other paperwork required by the Buyer for the shipment of the Goods to the Delivery Point.
7. The Buyer may only change the Named Port with the prior written agreement of the Seller. The Buyer may not change the Named Port and/or Delivery Point once the Seller has issued the quotation.
8. Any liability of the Seller for non-delivery of the Goods shall be limited, at the Seller’s sole discretion, to either replacing the Goods within a reasonable time or issuing a credit note against the Price paid by the Buyer for such Goods.
8. Title
1. Ownership of Goods shall pass to the Buyer upon delivery, provided that the buyer has settled all moneys owed as stated on the invoice for the goods including any freight costs and other relevant charges where applicable.
9. Cancellation
1. If the Buyer wishes to cancel the Goods at any time up to and including 10 Working Days from the acceptance of the quotation given by the Seller to the Buyer for Goods pursuant to Clause 4.2 the Buyer may notify the Seller in writing of such cancellation and the seller shall have no liability to the buyer as a result of such cancellation.  On the Buyer notifying the Seller of such cancellation, a cancellation charge shall become immediately due and payable by the Buyer to the Seller in the sum of:
1. £500 if the Price for the cancelled Goods is £10,000 or less;
2. £750 if the Price of the cancelled Goods is between £10,001 and £20,000; or
3. £1,250 if the Price of the cancelled Goods exceeds £20,000.
2. If the Buyer wishes to cancel the Goods at any time more than 10 Working Days after the acceptance of the quotation given by the Seller to the Buyer for Goods pursuant to Clause 4.2, the Buyer may notify the Seller of its request to cancel the Goods and the Seller may, at its sole discretion to be confirmed in writing, accept such request for cancellation.  On such cancellation being accepted by the Seller the Buyer shall indemnify and keep indemnified the Buyer in full against any and all Loss suffered and/or incurred by the Seller as a result of such cancellation.
3. If the Buyer cancels the Goods in accordance with Clause 9.1 the Seller shall reimburse to the Buyer the Price less the non-refundable Search Fee (in accordance with Clause 3.3) and the applicable cancellation charge pursuant to Clause 9.1.
4. If the Buyer cancels the Goods in accordance with Clause 9.2 the Seller shall reimburse to the Buyer the Price less the non-refundable Search Fee (in accordance with Clause 3.3) and any sums due to the Seller pursuant to the indemnity given by the Buyer under Clause 9.2.
10. Confidentiality
1. Neither party shall use and/or disclose any Confidential Information which is acquired by it about the other party’s business and/or given by one party to the other party and/or generated by one party using the other party’s Confidential Information except in the proper performance of this Contract.
11. Warranty
1. The Buyer acknowledges and agrees:
1. that the Goods may be used and/or second-hand;
2. that the quotation and any photographs provided by the Seller has given the Buyer a reasonable opportunity to inspect the Goods and satisfy itself as to the condition of the Goods;
3. that the Seller makes no representations and gives no warranty or condition as to the quality or fitness for any purpose of the Goods;
4. that all conditions or warranties, express or implied (whether by statute or otherwise) relating to quality, conditions, fitness or adequacy are excluded to the fullest extent permitted by law;
5. that delivery of the Goods to the Buyer shall be conclusive evidence that the Buyer has examined the Goods and that the Goods are in conformity with the quotation and any photographs provided, of satisfactory quality and fit for any purpose to which they may be required
2. If the Seller is not the manufacturer of the Goods and is in receipt of any manufacturer’s warranty and/or guarantee, the Seller shall endeavour to transfer to the Buyer the benefit of any such warranty or guarantee given to the Seller.
12. Limitation of Liability
1. The Seller’s total liability to the Buyer for any Loss arising under or in connection with this Contract shall not exceed the Price paid by the Buyer to the Seller under this Contract.
2. The Seller shall have no liability to the Buyer for any:
1. loss of profits;
2. depletion of reputation and goodwill;
3. pure economic losses;
4. special damages;
5. aggravated, punative and/or exemplary damages;
6. consequential and/or indirect losses; and/or
7. interruption of business, loss of business, contracts and/or opportunity.
3. Except for the financial cap on liability set out in Clause 12.1 which shall apply only once in respect of all types of Loss, each of the limitations and/or exclusions set out in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
1. Loss arising in or in relation to contract (including fundamental breach);
2. Loss arising in or in relation to tort (including negligence);
3. Loss arising from breach of statutory duty; and
4. Loss arising from breach of common law and/or any other legal basis.
4. The Seller shall have no liability for any Loss arising from and/or in connection with:
1. any information provided to the Seller by the Buyer and/or on the Buyer’s behalf;
2. any failure by the Buyer and/or on the Buyer’s behalf to provide the Seller promptly with information required to enable the Seller to perform this Contract; and
3. any dishonest, deliberate or reckless misstatement, concealment or other conduct on the part of any other person.
5. The Seller shall have no liability for any Losses arising in connection with any defective Goods where the defect has been caused and/or contributed to by the Buyer or by the Buyer’s employees, agents and/or sub-contractors.
6. Nothing in this Contract shall exclude or limit the Seller’s liability for death or personal injury caused by its own negligence, any liability for fraud or fraudulent misrepresentation or any other liability which the Seller is not permitted to exclude or limit as a matter of law.
7. The limitations in this Contract are necessary in order to allow the Seller to provide the Goods at its current prices.  If the Buyer requires greater protection the Seller will agree to modify the limitations in return for the payment of a higher price for the Goods.
13. Termination
1. Either party may immediately terminate the Contract by written notice if the other party:
1. breaches any material term of the Contract (and if remediable the breach has not been remedied within ten (10) Working Days of receiving notice requiring it to be remedied);
2. persistently breaches any one or more terms of the Contract;
3. fails to make any payment when due;
4. is declared or becomes insolvent or bankrupt, has a moratorium declared in respect of any of its indebtedness, enters into administration, receivership, administrative receivership or liquidation or threatens to do any of these things, take or suffer any similar action in any jurisdiction or any step is taken (including without limitation the making of an application on the giving of any notice) by it or by any other person in respect of any of these circumstances (except for the purposes of amalgamation or reconstruction and in such manner that the resulting company effectively agrees to be bound by or assume the obligations imposed on that other party under this Contract); and/or
5. ceases or threatens to cease to carry on business.
14. General
1. The Seller shall not be liable for any delay or failure to perform its obligations under the Contract as a result of reasons beyond its reasonable control including but not limited to acts of God, war, explosion, flood, fire, governmental actions, supplier delays and difficulties in obtaining raw materials, strike, lock-out, or other form of industrial action, power breakdown or machinery breakdown lasting more than 1 Working Day and any other similar events.  If the event causing the delay or failure continues in excess of 1 month the Contract may be terminated at the option of either party.
2. No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
3. Any invalidity, illegality or unenforceability of any or any part of a provision of the Contract shall not affect the validity, legality or enforceability of the remaining provisions of the Contract.
4. The Buyer shall not assign, transfer, dispose of or sub-contract (or purport to do any of the above in respect of) any of its rights or obligations under the Contract without the prior written consent of the Seller.
5. None of the terms and conditions of the Contract shall be enforceable by any person who is not a party to it.  The rights of any third party to enforce the Contract may be varied and/or extinguished by agreement between the parties without the consent of any third party.