Atex Materials International Limited
Terms and Conditions
Conditions of sale between Atex Materials International Ltd and the person, firm or company (the customer) purchasing the materials, goods and services subject of this contract.
The acceptance of orders includes the acceptance of the terms and conditions below which shall prevail over any terms and conditions incorporated or referred to by the customer, whether in the order or any negotiations and whether or not the same is expressed to override these conditions.
The company reserves the right at any time to refuse orders, to cancel any uncompleted orders, or to suspend delivery.
The property in the goods shall remain with the company until payment in full for all the goods has been received by the company in accordance with the terms of contract. Until such time the customer will at his own expense keep the goods, whilst in his possession, safe and insured against customary commercial risks. If such payment is overdue in whole or in part, the company may recover or resell the goods and may enter upon either the customer’s premises or those of a third party if the goods have been so transferred, to affect that purpose.
a) Unless otherwise stipulated in writing shall be ex works.
b) The company shall charge the customer separately for packaging, transportation, unloading and installation.
c) Risk shall pass to the customer on delivery whereupon the customer shall keep the goods insured against customary commercial risks, such insurance to be for the benefit of the company unless and until the title in the goods shall pass to the customer.
a) Payment is due from invoice date but the company may at its absolute discretion agree to payment being made at a later date previously agreed with the buyer.
b) The company may allow at its absolute discretion discount for prompt settlement of accounts which if applicable to be stated on the face of each invoice. The company reserves the right to vary or withdraw such discounts or credit arrangements.
c) In the case of orders involving more than one delivery, each delivery of goods as invoiced is to be paid for as set in a)/b) above. All payment is to be made on the due date as a condition precedent for future deliveries. If default is made in payment on the date monies are due for any one delivery, the company at its option shall be entitled to treat the contract as repudiated by the customer and to claim damages accordingly.
d) The company shall have the right after notice to suspend delivery under this and/or any other contract it may have the customer if the customer failed to make payment on the due date for any goods delivered or (through the customer is not in arrear with any payment) where the company considers the amount outstanding on the customer’s account (whether actually due for payment or not) to be the limit to which the company is willing to allow credit.
e) If the company elects to take any legal or other steps for the recovery of any outstanding monies due to the company, the costs thereof shall be bourn by the customer.
f) It is hereby agreed and declared between the parties that no guarantee or warranty as to the state or condition of the goods given by the company shall have any effect until such time as the company has received payment in full therefore in accordance with the terms of this agreement.
Quotations whether verbal or in writing are valid for 5 days from the date of quotation subject to currency fluctuations, but maybe extended at any time at the company’s option.
The price for the goods shall be the company’s published price on the date of despatch, but the company reserves the right to increase its prices in line with exchange rate fluctuations and/or its supplier’s prices up to a maximum of 5% or as otherwise previously agreed in writing. All prices quoted are subject to the addition of value added tax (or other taxation) at the applicable rate in force at the tax point (date of invoice).
a) The customer MUST notify the company in writing within 5 days of becoming aware of any defect
b) This guarantee shall not apply to damage caused by the customer or faulty installation or use, fair wear and tear or manufacturers fault.
c) All other terms and conditions warranties or guarantees either express or implied whether by common law or statute are, insofar as may be permitted, hereby excluded.
a) The company shall not be liable for any financial or consequential loss or damage arising out of the defect in the goods and liability shall be restricted to the repair or replacement of the goods or the contract price (whichever the company shall elect)
b) The company shall not be responsible for any loss or damage arising of the customer’s premises, business, electrical or any other power supply or proposed use being unsuitable for the goods.
c) Any plans, drawings, dimensions, capacities, speed, or power consumption should be regarded as approximate and are only intended to present a general idea of the goods and unless stipulated in writing in the contract do not form a part of the contact nor be representations inducing the customer to enter into this agreement.
10. TIME LIMIT FOR CLAIMS
The company shall not be liable:
a) For damage, shortage or delay unless the Company and the carrier are advised thereof within 3 days of receipt of goods (otherwise than upon a consignment note of delivery document) and the claim made in writing within 7 days of termination of transit.
b) For loss or non-delivery of the whole of the consignment or of separate package forming part of the consignment unless the company and the carrier are advised thereof in writing (other than upon a consignment note or delivery document) within five days and the claim made in writing within ten days after the commencement of transit.
Return of goods cannot be accepted except by previous agreement and it remains at the Company’s discretion whether or not to accept the return of goods not notified to the Company in accordance with clause 10 of these conditions of sale. It is specifically agreed that the Company shall not be required to accept the return of any goods after a period of 14 days from the receipt of goods by the customer.
12. FORCE MAJEURE
Every effort will be made to execute orders within the period as specified by the customer but time shall not be of the essence with respect to delivery date and it is agreed the Company shall be under no liability for any delay, loss or damage caused wholly or in part by Act of God, Government restrictions, condition or control or by reason of any act done or not done pursuant to a trade or dispute whether such dispute involves the Company’s employees or for delays caused by the carriers of by Customer’s default or by reason of other act, matter or thing beyond the reasonable control of the Company.
13. GOVERNING LAW
The Contract shall be constructed and operate in accordance with the Laws of England which shall be the only laws which apply to this contract.
14. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto and supersedes all other oral or written representations terms or conditions whether express or implied made by either party hereto either in antecedent negotiations or contained in the Customer’s order.
In this Agreement words importing the masculine gender shall include the feminine or neuter as appropriate and words importing the singular shall include the plural and vice-versa.
16. RETENTION OF TITLE AND RISK
a) Where delivery is affected by means of vehicles owned by Atex Materials Ltd delivery shall be complete and risk in the goods shall pass to the purchaser on completion of delivery at the purchaser’s specified address. Where delivery is affected by other means, risk shall pass when goods are handed over to the relevant carrier.
b) Until payment by the purchaser of all monies payable by the purchaser to the vendor under this or any other contract, the property in the goods or any part of them will not pass to the purchaser but shall remain with the vendor.
c) Until the property in the goods has so passed, the purchaser shall hold the goods as bailee and will at its own expense keep the goods safe and insured against customary commercial risks and shall keep them separately stored in a readily identifiable state.
d) Until the property in the goods has so been passed, the purchaser shall return the goods to the vendor on demand and the vendor shall without prejudice to any other right be entitled to enter upon the property where the goods are stored and repossess and remove the same. The purchaser hereby grants the vendor an irrevocable licence to enter any premises of the purchaser for the purpose of so doing.
e) The purchaser shall be at liberty to sell the goods in the ordinary course of business. The proceeds of any such sale and the benefit of any contract of sale shall be the property of and held in trust of the vendor absolutely.
THIS DOCUMENT IS SUBMITTED IN ACCORDANCE WITH AND SUBJECT TO OUR STANDARD CONDITIONS OF SALE ABOVE.