Terms and conditions of Sale
The following terms and conditions ("the Conditions") are the terms on which Automation Supplies Limited (“the Company”) sells to other businesses and supersede all other terms and conditions used by the Company.
- Orders, price and payment.
1.1. No contract shall come into existence until the Company confirms the order for Goods in writing. The company does not accept liability for mistakes or errors made in preparing offers and invoices.
1.2. The price (exclusive of VAT) for the Goods ("the Price") shall be the quoted price of the Company and payment of the Price shall be made by the Buyer within 30 days of the date ("the Due Date") of the invoice for the Goods.
1.3. If the Price is not paid by the Due Date the Buyer will be liable to an additional payment of reasonable liquidated damages. Interest shall accrue both before and after any court judgment on the unpaid portion of the Price at the rate of eight per cent above the base rate from time to time of Bank of Scotland
1.4. Any cancellation of any order by the Buyer must be in writing, and agreed as cancelled also in writing by the Company. In case of any cancellation, the Buyer may be released from its obligations under the contract after payment of a sum for reasonable liquidated damages.
The description and quantity of the Goods to be sold ("the Goods") shall be as set out in the quotation provided by the Company to the Buyer ("the Quotation").
The Company shall deliver the Goods to the Buyer's address and on the date as both are shown on the Quotation. Time shall not be of the essence for delivery. The Buyer shall make all necessary arrangements to take delivery of the Goods on the day notified by the Company for delivery.
The Company must be advised in writing by recorded delivery of any defects in the Goods as soon as they are discovered by the Buyer who shall be deemed to have accepted the Goods if they have not been rejected or shortages reported back to the company in writing via mail, e-mail or fax on or before the fifth day after delivery. The Buyer shall not be entitled to reject the goods or claim shortages in whole or in part thereafter. Deliveries signed for are deemed to have been checked for transit damage by the customer. Any subsequent damage found after the five day period is the responsibility of the customer.
- Title and risk.
The Goods shall be at the risk of the Buyer following delivery and, notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Buyer has made payment of all sums owing to the Company failing which the Company shall have the right to repossess or otherwise recover the Goods. Until title passes the Buyer shall hold the Goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the Goods of the Company.
- 6. Limitation of liability.
6.1. Save in respect of personal injury or death due to any negligence, the Company shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods.
6.2. Without prejudice to Condition 6.1 the Company shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this Agreement.
- Force majeure.
The Company shall not be liable for any default due to any circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, and lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.
8.1. If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
8.2. The Company may without the consent of the Buyer sub-licence its rights or obligations or any part of these Conditions.
8.3. The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
Notwithstanding any other provision of this agreement, nothing herein shall confer or is intended to confer a benefit on any third party for the purpose of the Contract (Rights of Third Parties) Act 1999 or for any other purpose. By placing orders with Automation Supplies Ltd you agree to allow us to use your company name and logo in our websites purely as reference. You can request removal at any time.
10. Entire agreement.
Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.
All assembled mechanical and electrical equipment supplied will be guaranteed against faulty parts and materials for the period of twelve months from the date of delivery. This will be based on single shift working 5 days per week or the equivalent. All faulty items will be replaced free of charge during this period on a return to factory basis. The guarantee excludes accidental damage arising from misuse or any condition involving a use for which the goods were not designed. The guarantee will be void if any changes / modifications have been made
12. Governing law and jurisdiction.
The laws of England and Wales shall govern this agreement and the parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.