Terms & Conditions of Sale
Definition
1.1 'Buyer' means the person who buys or agrees to buy the goods from the Seller.
1.2 'Seller' means Andrew Mark Aluminium Shopfronts Limited
1.3 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.4 'Goods' means the articles which the Buyer agrees to buy from the Seller.
1.5 'Price' means the price for the Goods, excluding carriage, packing, insurance and VAT.
Orders
Orders sent in confirmation of a previous instruction must be clearly marked as such, otherwise any additional expense caused by the duplication of the order will be charged to the Buyer.
Prices
The price payable for the goods shall be the Seller’s current price, at the time of despatch or collection subject to any other terms agreed in writing. Any price set out in any quotation shall be considered to have been for information and shall not constitute an obligation on the part of the Seller that it will deliver the goods at the price, unless a validity time is specifically stated on the quotation. Unless otherwise stated the price does not include value added tax which will be charged at the current rate.
Delivery
When goods are sent by carrier, a carriage charge will be made unless otherwise stated. All times quoted for delivery or collection are given in good faith. The Seller shall not be held liable for any loss what so ever caused by late delivery or failure to make the goods ready for collection on the due date, time in this respect does not form the essence of the contract. The Seller reserves the right to make delivery by installments and to tender a separate invoice in respect of each installment.
Returns
Any stock item purchased and found to be in excess of the buyers requirements can only be returned strictly by special arrangement where upon a handling surcharge of 25% will be rendered.
Cancellations
Orders for goods specially made or obtained may not be cancelled, nor may any allowance be made for their subsequent return. A deposit may be required when certain “special” orders are placed and the Buyer should have the clear understanding that any deposits placed are non-refundable.
Settlement Terms
Payment terms are strictly net and payment shall be made with in thirty days of the invoice for accredited account customers only.
Title
The title to goods shall not pass from Andrew Mark Aluminium Shopfronts Limited until payment has been made in full.In the case of non-payment the Seller will be entitled to repossess the goods of the proceeds in the hands of the Buyer, Liquidator or Receiver. If the goods have been sold to a third party, the property in the goods shall still remain with Andrew Mark Aluminium Shopfronts Limited until full payment has been received.
Loss, Damage and Transit and Shortages
Goods received in a damaged or unsatisfactory condition must be signed as such and packing retained for inspection. The Seller must receive written notification of any loss or damage to goods within three days of delivery to the Buyer. In event of non delivery of any goods, in whole or part,no claim can be entertained by the Seller unless notice, in writing, of such non delivery is received by the Seller within seven working days from receipt by the Buyer of the invoice.
Warranty
The Seller’s liability in respect of goods supplied by it shall be limited to giving the Buyer the benefit of any guarantee or warantees given by the manufacturer of such goods. Proof of purchase will be required. During such period, the Seller shall remedy any defects in goods arising out of defective materials or workmanship provided that the Buyer shall immediately give notice of such defects to the Seller. After giving such notice, the Buyer shall, within seven days, return the defective goods to the Seller at the Buyer’s risk and expense.
Where this is impracticable, a replacement part will be sent and charged for, where our normal settlement terms will apply. On return of the defective part as soon as it is reasonably able to do so, the Seller will, at its own discretion, repair, replace or credit in full, provided that the fault is found to be solely attributable to genuine failure in material, design or workmanship. In the event of non agreement to establish the cause of the failure, the defective part will be returned to the Manufacturer for bench testing and assessment. A copy of the Manufacturers reported findings will be made available to the Buyer. The warrantee relates to parts only and the Seller does not accept liability for labour or other costs involved in replacing such parts.
The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1). All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express orimplied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
Representations
No statement, description, information, warranty, condition,advice or recommendation contained in any catalogue, price list, advertisement,communication or made verbally by any of the Seller’s agents or employees shall be construed to enlarge, vary or over ride in any way these conditions and are only an indication of the type of goods offered.
Rights
The Buyer's rights under the Sale of Goods Act 1979 will be upheld.
