All goods are sold subject to the following conditions which apply to the exclusion of any conditions of order or purchase of the customer or any other standards, specifications or particulars of or adopted by the customer. No amendment, alteration or attempt to override these conditions shall be binding on Abtech Safety Ltd (‘the company’) unless confirmed in writing by a director of the company.
The price for goods sold by the company shall be the ruling price (less any agreed discount) in force on the date when the goods are despatched. All prices are ex-works and exclusive of VAT.
We will try to ensure delivery of the goods by the estimated delivery date (if any) but cannot guarantee the delivery date. If the delay is caused by circumstances beyond our control we will not be liable to compensate you because of the delay. In these circumstances we will contact you and agree an alternative date.
If we fail to deliver the goods within 28 days of the estimated date of delivery stated in our quote you may write to us, requiring delivery of the goods within 7 days. If the goods are not delivered to you within 7 days the contract shall be cancelled. If the contract is cancelled any deposit paid by you shall be returned to you and we shall be under no further liability.
Subject to credit being approved and unless otherwise express agreed accounts are due for payment not later than the end of the month following the month of despatch, otherwise payment must be received by the company before delivery. Where deliveries are spread over a period each consignment will be invoiced as despatched and each months invoices will be treated as a separate account and payable accordingly. Failure to pay for any goods or any delivery or instalment shall entitle the company to suspend further deliveries on the same order and on other order from the customer without prejudice to any other rights the company may have. The company reserves the right in the case of failure to pay for any goods or any delivery or instalment as aforesaid to suspend delivery of any order or any part or instalment without liability until payment or satisfactory security for payment has been provided.
5. Risk and title.
a). The risk in all goods shall pass to the customer.
(i) When goods are despatched from the companies premises or
(ii) If the goods are appropriated to the customer but kept at the companies premises at the request of the customer.
(b). Notwithstanding clause a. above legal and equitable ownership of goods shall remain with the company until payment of all sums due to the company from the customer on any accounts whatsoever have been received in full.
(i). At any time prior to full payment (whether or not payment is the overdue) the company may (without prejudice to any of its other rights) retake possession of the goods or any part thereof and may enter on the customers premises by its employees or agents for that purpose.
(ii) Pending full payment for the goods the customer shall be a bailee of the goods on behalf of the company and shall store the goods in such a way that they are separate identifiable.Nevertheless prior to the time of full payment the customer is entitled to use the goods in the normal course of its business or to sell the goods to third party in the normal course of its business. The company shall have the right to trace the proceeds of sale according to the principles in re Halletts Estate (1880) 13 CH D 696.
(iii) The customer rights to use the goods or to resell them prior to full payment may be terminated forthwith by written notice given by the company to the customer and shall automatically terminate with or without such notice on the appointment of any receiver or liquidator of the customer.
(iv) Each sub-clause b (i) (ii) (iii) above shall be construed and receive effect as a separate clause and accordingly in the event of any of them being for any reason whatsoever unenforceable according to its items, the others shall remain in full force and effect.
The goods are sold ‘ex works’ and all costs of carriage and insurance shall be for the account of the customer. Delivery will be transport of the companies’ choice, if the customer requests special delivery arrangements they will be charged for. Claims for any damage, shortage or partial loss in transit shall be notified in writing, by letter or facsimile to the carrier and to the company within 7 days and the carrier’s conditions in relation to claims for damage, storage or partial loss in transit must be strictly complied with. Claims for total loss in transit should be notified in writing to the carrier and to the company within 7 days of receipt of invoice. If the carrier’s conditions are not strictly complied with, the customer will indemnify the company against all loss resulting therefrom.
The company reserves the right to alter the specification of any product sold by the company.
8. Telephone orders.
Any telephone orders must be confirmed in writing before they are accepted as official orders.
9. Warranty: limit of responsibility.
(i) The company warrants that goods sold will at the companies choice either be repaired or replaced if they are found within a period of 12 months from delivery (‘the warranty period’) to be defective or not in accordance with the contract or any expressed description or representation given or made on the company’s behalf. The company will require a reasonable period of time to carry out any repairs or replacements.
(ii) Any claim the customer have under the foregoing expressed warranty or against the manufacturer or supplier as aforesaid, or any claim under any condition or warranty implied by law or any other claim in respect of the goods or workmanship in relation to goods sold be limited to repair or replacement as aforesaid and any condition or warranty implied by law shall cease to apply after the expiry date of the warranty period and in all other case shall not in any circumstances be liable for any damages, compensation, costs, expenses, losses or other liabilities whether direct or consequential and any other remedy which would otherwise be available in law hereby excluded except to the extent that such exclusion is prohibited by any rule of the law.
10. Applicable law.
Any contract incorporating these conditions shall in all respects be governed by and construed in accordance with English law and the customer hereby submits to the non – exclusive jurisdiction of the English courts.
11. REST OF THE WORLD.
In relation to goods sold outside the United Kingdom, the Channel Islands, the Isle of Man, the foregoing conditions (except conditions 5 & 6 shall apply and in addition the following conditions shall also apply).
Import duties and regulation.
All import duties are the account of the customer and the customer is responsible for compliance with all import regulations and shall advise the company of any special regulations or restrictions.