1.1 In these conditions the Seller/Contractor shall mean Ace Welding & Powder Coating Services LTD and the Customer/Client/Third-Party shall mean the other party to this contract, referred to hereafter as the Customer/Client/Third-Party. The Goods shall mean the products supplied by the Seller/Contractor and the Contract Price shall mean the price of the Goods invoiced by the Seller/Contractors in accordance with condition Number 3 of these conditions.
2.1 All Goods supplied by the Seller/Contractor are supplied subject to these conditions unless they are varied by an agreement in writing between the authorised representatives of the Seller/Contractor and the Customer/Client/Third-Party.
2.2 The Seller/Contractor’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller/Contractor in writing. In entering into the Contract the Customer/Client/Third-Party acknowledges that it does not rely on, and waives any claim for breach of any such representations, which are not so confirmed.
2.3 The Seller/Contractor does not manufacture the Goods and is, accordingly, unable to advise the Customer/Client/Third-Party on the fitness of the Goods for any particular purpose, unless the Seller/Contractor gives written advice or a written recommendation, the Customer/Client/Third-Party is entirely responsible for satisfying itself that the Goods are fit for the intended use either by relying on their own expertise or by obtaining professional advice.
2.4 Any advice or recommendation given by the Seller/Contractor or its employees or agents to the Customer/Client/Third-Party or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Seller/Contractor is followed or acted upon entirely at the Customer/Client/Third-Party’s own risk, and accordingly the Seller/Contractor shall not be liable for any such advice or recommendation which is not so confirmed.
3.1 The price payable for the Goods shall be the Contract Price plus any adjustment necessary to take account of any increase in costs incurred by the Seller/Contractor prior to the date of despatch. Delivery charges and other expenses incurred by the company may be added to the invoice, together with the addition of VAT.
3.2 Split deliveries as to time or destination are liable to surcharge.
3.3 Value Added Tax will be charged at the rate ruling at the date of supply.
4. INVOICING BY EMAIL
4.1 The Seller/Contractor has the right to invoice the Customer/Client/Third-Party by e-mail where the Customer/Client/Third-Party has consented to invoices being submitted in this manner. Where invoices are sent out using electronic mail they will be deemed to have been received by the Customer/Client/Third-Party on the date when they are sent provided that the electronic mail is transmitted between the hours of 9.00 am and 5.00 pm on a day being between Monday and Friday not being a bank holiday (a business day). If the e-mail is sent to the Customer/Client/Third-Party outside of these times then the Customer/Client/Third-Party will be deemed to have received the invoice on the next Business Day following.
5.1 The Seller/Contractor shall deliver the Goods to the Customer/Client/Third-Party’s premises or the Customer/Client/Third-Party shall collect the Goods from the Seller/Contractor’s premises, whichever is applicable, on or by the date or dates agreed. By agreement between the parties the Seller/Contractor may deliver the Goods and/ or perform the Service or the Customer/Client/Third-Party may collect the Goods at an earlier time.
5.2 Where the Seller/Contractor is to deliver Goods delivery will be to as near the place in mainland Britain where the Purchaser requires delivery to be made as, in the discretion of the Seller/Contractor, a safe, hard road permits.
5.3 The Customer/Client/Third-Party shall be solely responsible for the unloading of the Goods if the Seller/Contractor has delivered the Goods or for the loading of the Goods if the Customer/Client/Third-Party is collecting the Goods and the Seller/Contractor shall not be liable for any damage that occurs in the course of such loading or unloading.
5.4 The Customer/Client/Third-Party must ensure an authorized person is on site to receive and sign for the delivery, any failed deliveries will result in re delivery charges being applied.
5.5 All deliveries will take place between 8.00am – 5.30pm on Monday to Friday unless other specific arrangements have been made.
5.6 The Customer/Client/Third-Party must check all works whilst the driver is present & before signing for the goods, the words unchecked or unexamined will not be accepted.
5.7 All damages must be brought to the attention of the driver and their documentation marked accordingly, failure to do so will result in subsequent replacements being chargeable. In the event that any of your items are damaged do not refuse the whole delivery for return to the Seller/Contractor; accept the delivery detailing on the drivers paperwork that there have been damaged items and contact us on 07725564471 at your earliest convenience.
5.8 In the event that such loading or unloading exceeds a period of 1 hour then demurrage may be charged.
5.9 If the Customer/Client/Third-Party fails to collect the Goods or fails to give the Seller/Contractor adequate delivery instructions at the time stated for delivery (otherwise than by reason or any cause beyond the Customer/Client/Third-Party’s reasonable control or by reason of the Seller/Contractors fault) then, without prejudice to any other right or remedy available to the Seller/Contractor, the Seller/Contractor may make provision for the storage of the Goods until actual recovery, and the Customer/Client/Third-Party shall be responsible and shall indemnify the Seller/Contractor for the reasonable costs, including insurance, of such storage.
5.10 Any date of delivery or period for delivery given is an estimate only and may be given by the Seller/Contractor’s manufacturers’ and the Company will not be liable for any delay of the Goods.
5.11 If the Customer/Client/Third-Party shall require proof of delivery or collection any such request for proof shall be notified in writing within 30 days of the date of the Seller/Contractor’s invoice.
6.1 Goods returned at the Customer/Client/Third-Party’s request not on the Company’s own vehicle shall be at the Customer/Client/Third-Party’s risk regarding insurance for a value not less than the full invoice price.
6.2 Specifically ordered or non-stock items are not returnable.
6.3 Cost of collection and re-delivery of replacement items will be met by the Customer/Client/Third-Party unless attributable to the negligence of the Seller/Contractor.
6.4 Only goods returned in saleable condition can be accepted for credit less the 25% re-stocking and handling charge.
6.5 The Seller/Contractor reserves the right to levy a restocking and handling charge.
6.6 All returns must be sanctioned by the Seller/Contractor prior to goods being brought back.
7.1 Unless otherwise agreed, payment shall be due before delivery of any goods.
7.2 The Seller/Contractor shall be under no obligations to make any delivery if the Customer/Client/Third-Party is in breach of any of the Conditions of Trading.
7.3 The Customer/Client/Third-Party shall pay the price of the Goods within the terms of the Seller/Contractor’s invoice notwithstanding that delivery or collection of the Goods may not have taken place or that property in any Goods had not passed to the Customer/Client/Third-Party.
7.4 Payment is to be made by Cash Sale, Card Payment or by direct bank transfer. Please call us on 07725564471 for more details.
8.1 The Seller/Contractor undertakes (at its option) to repair or replace free of charge any Goods which are shown to be defective in materials or workmanship within 3 months of delivery.
8.2 The Seller/Contractor shall be under no liability under condition 7.1 if:
8.2.1 The Customer/Client/Third-Party has not paid in full for the Goods; or
8.2.2 The Customer/Client/Third-Party executed or attempted to execute repairs or alterations to the Goods which are not authorised by the Seller/Contractor; or
8.2.3 The Seller/Contractor has not been notified of any defect in the Goods within one month of the defect becoming apparent.
9. TITLE AND RISK
9.1 Risk in the Goods shall pass to the Customer/Client/Third-Party on delivery/installation and has been signed for by the Customer/Client/Third-Party/Client/Third-Party.
9.2 Notwithstanding delivery and the passing of risk in the Goods, the Goods shall remain the sole and absolute property of the Seller/Contractor until such a time as the Customer/Client/Third-Party shall have paid to the Seller/Contractor in cash or cleared funds the purchase price of the Goods, together with the full price of any other goods the subject of any other contract between the Seller/Contractor and the Customer/Client/Third-Party.
9.3 The Customer/Client/Third-Party acknowledges that until such a time as the Customer/Client/Third-Party becomes the owner of the Goods, the Customer/Client/Third-Party is in possession of the Goods solely as fiduciary agent and bailey for the Seller/Contractor and the Customer/Client/Third-Party will store, protect and insure the goods on its premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the Goods of the Seller/Contractor.
9.4 Subject to the terms hereof, The Customer/Client/Third-Party is licensed to re-sell or use the Goods in the ordinary course of its business PROVIDED THAT any sale of the Goods shall take place as bailee for the Seller/Contractor and that the entire proceeds of sale are held in trust for the Seller/Contractor and are not mingled with other monies or paid into any overdrawn bank account.
9.5 The Buyer’s right to possession of the Goods shall cease if the provisions of Condition 10 shall apply to the Customer/Client/Third-Party.
9.6 If payment for the Goods is overdue in whole or in part the Seller/Contractor may, without prejudice to any other rights and remedies, recover and/or sell the Goods or part thereof and shall be entitled to enter upon the Customer/Client/Third-Party’s premises or site for that purpose.
10.1 Any claims in respect of alleged shortages or damage must be notified to the Seller/Contractor in writing within 72 hours of delivery/installation of completed works. Evident damage to external packing must be the subject of an endorsement on the Seller/Contractor’s delivery note at the time of delivery.
11. DEFAULT OR INSOLVENCY OF CUSTOMER/CLIENT/THIRD-PARTY
11.1 This condition applies if:
11.1.1 The Customer/Client/Third-Party is in breach of any of its obligations under these Conditions; or
11.1.2 The Customer/Client/Third-Party has a receiving order in bankruptcy made against him or makes any arrangement with his creditors or, being a Company, has a receiver, liquidator, administrator, supervisor, or administrative receiver appointed over its property or assets or any parts of them or if any order shall be made or any resolution passed for winding up the Customer/Client/Third-Party; or
11.1.3 The Customer/Client/Third-Party ceases, or threatens to cease, to carry on business; or
11.1.4 The Seller/Contractor reasonably considers that any of the events mentioned above will occur.
11.2 If this condition applies then the Seller/Contractor may, without prejudice to its other rights or remedies, demand immediate payment by the Customer/Client/Third-Party of all unpaid accounts and suspend further deliveries and cancel this and any other contract between the Seller/Contractor and the Customer/Client/Third-Party without any liability attaching to the Seller/Contractor in respect of such suspension or cancellation and debit the Customer/Client/Third-Party with any loss sustained thereby.
12. EXCLUSION OF LIABILITY
12.1 The Seller/Contractors guarantee is provided by the Seller/Contractor and accepted by the Customer/Client/Third-Party in substitution for all express or implied representations, conditions and warranties (statutory or otherwise) as to the state, quality, fitness for purpose or performance of the Goods.
12.2 Except for any liability which it may incur for death or personal injury resulting from the Seller/Contractor’s negligence, the Seller/Contractor shall not be liable in any way whatsoever whether in contract, in tort, in misrepresentation or otherwise for any consequential or other loss, damage or injury, however caused which may arise out of or in connection with the supply of Goods.
12.3 The Seller/Contractor’s liability under these conditions shall be limited to the contract price.
12.4 In no circumstances shall the Seller/Contractor have any liability whatsoever for any advice or design provided to the Customer/Client/Third-Party, unless the same is in writing on the Seller/Contractor’s headed paper following receipt of a suitable written specification from the Customer/Client/Third-Party. The Customer/Client/Third-Party shall be responsible for checking and confirming the details of the materials estimated by the Seller/Contractor are correct and no responsibility shall be taken by the Seller/Contractor for errors in quantities provided by it. Manufacturers’ specifications and product details will be supplied at the request of the Customer/Client/Third-Party, but the Seller/Contractor will accept no liability for errors or mis-statements contained therein. In no circumstances does the Seller/Contractor undertake any liability for checking or approving the specification for the Goods provided by the Customer/Client/Third-Party.
13.1 The Seller/Contractor reserves the right to vary deliveries and to make deliveries by instalments as it may deem necessary having regard to the availability of supplies and changes in manufacturers’ specification.
13.2 Each delivery of Goods to the Customer/Client/Third-Party shall constitute a separate contract to which these conditions shall be applied.
14.1 The Customer/Client/Third-Party again agrees that no oral representations have induced him to enter into the contract or form any part thereof. Furthermore, the conditions of the Customer/Client/Third-Party’s purchase shall not form part of the Contract unless expressly agreed by the Seller/Contractor in writing.
14.2 The Contract shall be governed by the Law of England and the Customer/Client/Third-Party hereby agrees to submit to the jurisdiction of the Courts to which all disputes hereunder shall be referred.
14.3 The Seller/Contractor shall not be in breach of Contract if the performance of the Contract is delayed or otherwise affected by circumstances beyond the reasonable control of the Seller/Contractor. In particular, no liability shall rest with the Seller/Contractor in respect of any late deliveries or failure to deliver arising from shortage of supplies or transportation delays beyond its control.