TERMS & CONDITIONS OF SALE
In these conditions "the Company" means ACCESSIBLE BATHING LTD, "the Customer" means the person, firm or company who receives the Company's goods or to whom the Company's quotation or invoice or acknowledgement of order is addressed: "the goods” means the products supplied by the Company to the Customer.
APPLICABILITY OF CONDITIONS
(a) The Company enters into contracts for the sale or supply of goods and services subject only to these terms and conditions.
(b) No variation or qualification of these terms and conditions shall be valid unless agreed in writing by a director of the Company.
(c) No order made by the Customer to the Company shall be binding on the Company until accepted by the Company in writing or has despatched goods or services against it.
Quotations where given are without commitment and no contract between the Company and the Customer shall arise unless and until the Company has accepted in writing the Customer's order whether placed on the Company's quotation or otherwise.
Prices contained in a price list, quotation, catalogue etc. are those ruling at the date thereof and are for guidance only. The Company reserves the right to adjust the quoted prices to the prices current on the day of despatch.
When the Customer is informed by the Company by letter, telefax, verbally or in any other way in a quotation or order acknowledgement from the Company to the Customer, that the Company's quotation or order acknowledgement is based on a currency clause, then the price stated is based on the stated currency rate and is subject to adjustment to the rate on the day of shipment. In this case, the currency adjustment will be shown separately on the invoice.
TERMS OF PAYMENT
(a) Strictly nett within 30 days following the date of invoice where credit terms have been agreed.
(b) Pro-forma payment or cash with the order where credit terms have not been agreed.
(c) Failure by the Customer to pay by the due date where credit terms are agreed shall entitle the Company at its option to:
i. withhold future deliveries until payment has been made and further payments secured to its satisfaction and/or
ii. charge interest at 4% above Barclays Bank Base Rate for each day that the amount is outstanding.
(d) Payment by the due date shall be the essence of the contract.
(e) Payments can be made via BACS, cheque or card (please note, we can only accept credit card payments up to £1000.00)
(a) Quoted delivery dates are not guaranteed and shall not be of the essence.
(b) The Company shall not be liable to make good to the Customer any damage or loss arising directly or indirectly out of delay in the delivery of the goods or services nor will the Company be liable for any consequential or special loss claimed by the Customer including without limitation delay detention, loss of profit, loss of production, loss of time, charges or liability to any Third Parties.
(c) The Customer must notify 30 days in advance of the delivery date of any change in previously specified schedules required by the Customer upon receipt of which notification the Company will attempt to accommodate the change required.
(d) Should the Company over deliver goods to the extent of up to 10% of the volume total of the contract and should the Customer not inform the Company within 7 days in writing then the Company may at its option
either repossess the excess goods or invoice them and be paid forthwith by the Customer for the excess goods at the price ruling at the date of delivery.
PASSING OF TITLE IN PROPERTY
(a) The property in the goods sold or supplied shall not pass to the Customer until all monies owing to the Company in respect of such goods have been paid to the Company in full and the Customer shall remain a bailee of the goods until that time.
(b) In the event of non-payment by the due date or determination of the contract howsoever it may occur the Company shall have an irrevocable licence to enter the Customer's premises with vehicles if necessary for the purpose of repossessing the Company's property.
(c) The Customer shall not be entitled to incorporate the Company's goods with other goods so as to form a new product except on the condition that such new product shall be the property of the Company until such time as payment in full is made by the Customer for the goods sold.
(d) Notwithstanding that the property in the goods shall remain with the Company until payment is made in full risk will pass to the Customer on delivery and the Customer will keep the Company's goods stored so that they are clearly identifiable as the Company's goods.
TESTING AND INSPECTION
The Company reserves the right to charge the Customer for test certificates, certificates of conformance and for all testing documentation not provided as standard.
CANCELLATION OR VARIATION
(a) Cancellation of a contract or part of a contract can only be made with the written agreement of the Company and where this is forthcoming the Company reserves the right to recover from the Customer any consequential loss and/or costs.
(b) Any variation in the contract required by the Customer may only be authorised by written agreement from the Company and where this is forthcoming, the Company reserves the right to amend delivery schedules and to recover from the Customer any losses or costs.
(a) The Company warrants goods sold against defects of materials or workmanship for a period of twelve months from the time of delivery. Any alleged defect must be notified to the Company in writing as soon as possible and if the defect is proved to be due to defective materials or workmanship prior to delivery the Company agrees to repair or replace the goods at its option free of charge except where the responsibility is established to be against another manufacturer's warranty in which case the Company will exert its best endeavors to secure benefit of that warranty for the Customer. No goods with alleged defects should be returned to the Company without written authority of the Company and where this is forthcoming such goods will be returned at the Customer's risk and expense which the Company may credit at its discretion. Any returned goods must show invoice reference.
(b) Such repair of replacement will be the absolute limit of the Company's liability and the Company will not be liable in any circumstance whatsoever for loss or damage of any kind suffered by the buyer or any Third Party unless the same shall relate to the personal injury or death and only then if the same shall arise out of the Company's negligence. Save as aforesaid the Company shall be under no liability whatsoever in regard to the goods supplied to the Customer
(c) The Company does not warrant that the goods will be fit for the Customer's specific purpose(s) unless exact details of such purpose(s) have been completely specified and then agreed in writing prior to the Company's acceptance of the Customer's order.
(d) Where goods are returned outside the warranty period, the goods will be inspected and at ACCESSIBLE BATHING LTD discretion a repair may be carried out. Any repair made will be charged to the Customer.
Customers should advise the Company of any damaged goods as soon as possible after delivery and at the latest within 3 days of receipt of the same. Damaged goods should be returned to the Company at the Customers expense clearly showing the invoice reference.
The Company must be advised of any non-delivery within 3 days of despatch.
The Customer shall indemnify the Company against all actions claims or demands by Third Parties whether in tort or otherwise howsoever arising directly or indirectly in connection with the use functioning or state of the goods (or in connection with the performance of services).
If the Customer is adjudicated bankrupt or commits any act of bankruptcy or makes any arrangements or composition with his creditors (or being a company) enters into liquidation (not being voluntary liquidation for the purposes of reconstruction or amalgamation) or has a receiver of its assets appointed issues a dishonored bill of exchange or fails to pay his trade debts as they become due the Company may without prejudice to its other rights suspend or cancel deliveries of the components or cease its manufacture.
FREE ISSUE OF PARTS etc
Where any parts components materials etc for incorporation in the goods are issued free of charge to the Company by the Customer or by a supplier nominated by the Company or where the Customer stipulates that the Company shall purchase such parts etc from a Third party nominated by the Customer:
i. The Company shall not be liable to the Customer in any circumstances whatsoever for any loss or damage of any description resulting from the non-delivery or late delivery to the Company of such parts etc or from the failure of such parts etc to meet the Customer's specification or to be of merchantable quality.
ii. The Customer shall indemnify the Company in respect of any loss or damage sustained by the company (including liability to Third parties) where such loss or damage is occasioned by or attributable to the non-delivery to the Company of such parts etc or the failure of such parts etc to meet the Customer's specifications or to be of merchantable quality.
The Company shall be entitled to sub-contract all or any of its obligations hereunder
LAW AND INTERPRETATION
This contract shall be governed by English law and the Buyer shall submit to the non-exclusive jurisdiction of the English Courts. If any of these conditions or part thereof is rendered void or unenforceable by any legislation to which it is subject or by any rule of law it shall be void or unenforceable to the extent and no further.