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AABT Terms and Conditions of Sale
AABT Ltd
119 Sea Road
East Preston
West Sussex
BN16 1NX
Tel: 01903 850 488
E-mail: info@aabt.co.uk
TERMS & CONDITIONS OF SALE
Merchandise in stock will be shipped within 12 - 21 working days if in stock and as soon as we can source the item if not (we are not responsible for transport problems of the shipping carriers). If the merchandise is out of stock at time of order placement we will try to ship as soon as possible. If we cannot ship within the stated time period due to major force, labour disputes, unexpected delays or other reasons not caused by us, the customer accepts a reasonable extension of the order processing time. The customer may cancel his order In case that the processing time had been delayed due to other than the above mentioned reasons, after he had allowed for an acceptable additional period to fill the order. Is the shipment delayed due to inability of the manufacturer or one of our subcontractors, both parties may cancel the order if the delivery time is exceeded by more than 2 months. We are not liable for damages due to delay or inability to deliver no matter whether they occurred before or after order cancellation.
GENERAL
1. All orders accepted are subject to these terms of trade and conditions of sale. No conditions stipulated in a buyers order, letter or communication shall vary or cancel these Terms of Trade unless the Vendor agrees the variance in writing and it is signed by a director of the Vendor. A contract binding on the Vendor arises only on the issue of the Vendor’s written acceptance.
ORDERS
2. Each item on an order shall constitute a separate contract.
3. The Vendor will hold and despatch the balance(s) of an order that are out of stock as at the time of despatch unless we are instructed to the contrary at the time the order is placed.
4. The Vendor may allocate stock held to or against such customers and in such quantities, as it deems proper.
5. Forward orders (which are subject to availability) for new items will only be accepted in quantities of six or more or a carton quantity where appropriate.
6. We reserve the right to change our prices without prior notification and the prices charged will be those applicable at the date of despatch. If a recommended retail price is quoted, this price is calculated to include V.A.T at the rate prevailing on the day of despatch.
7. The Vendor does not operate a “Sale or Return” system and goods (other than defective goods – see note 17) will not be accepted by the Vendor for return or credit.
8. The Vendor does not make or give any representation or warranty as to the availability for purchase of any item referred to in any catalogue, advertisement, price list or any other document of communication with or by the Vendor.
PAYMENT
9. Payment must be received by the Vendor for goods invoiced within 28 days of the date of invoice. Not withstanding that any payment received is expressed to be made in respect of a particular order or orders.We reserve the right to allocate any payment received from a customer to or towards any order or orders invoiced to that customer.
10. Settlement discount of 2.5% is offered for payment received within 28 days of date of invoice or for cash received with order.
11. We reserve the right to withdraw or amend credit facilities at any time at our entire discretion and without being required to give any reason. All moneys will be charged from customers account at time of purchase.
INTEREST ON OVERDUE ACCOUNTS
13.We reserve the right to charge interest from the due date of payment until the date of actual payment at 5% over the base rate charged by the Vendor’s Bank.
TITLE TO GOODS
14. Title to all goods delivered by the company to the Customers shall remain with the Company until all sums due have been paid to the Company. So long as any sum remains due to the Company then no title in any goods shall pass to the Customer.
15. If the Customer shall fail to make all payments when due or shall go, or threaten to go into any form of insolvent liquidation (whether compulsory or voluntary) which shall be deemed to include liquidation or having a receiver or administrative receiver or administrator appointed or shall make or seek to make any composition with its creditors, or if the Company has reasonable grounds to believe that the Customer is or will be unable to pay its debts as they fall due, the Company shall have the right without prejudice to any other remedy of the Company, to repossess the Goods without prior notice
and to enter any premises for the purpose of such repossession.
16. Notwithstanding that the agreed price has not been paid and that the customer holds the goods as bailee the customer is entitled to use or to resell or dispose of the goods to third parties in the normal course of its business on condition that any goods or any proceeds of sale thereof are held by the customer as trustee for the Vendor and any such monies are to be held in a separate bank account pending payment of the entire purchase price to the Vendor. The customer hereby assigns to the Vendor all rights and claims the Customer has against any such third party.
EXAMINATION OF GOODS AND CLAIMS REGARDING NON DELIVERY
17. The Buyer of the goods will have them examined upon receipt. Any claim must be made in writing within three days of receipt. No claim for shortage or defect will be entertained unless this procedure is adopted. Qualified delivery notes will not be accepted as written notice.
18. No liability can be accepted by the Vendor for damage in transit or short delivery unless advised in writing to the carriers and the Vendor within three days of receipt of goods or part thereof, or for loss in transit or non-delivery unless advised in writing to the Vendor within 14 days of invoice date.
RETURN OF GOODS
19.We will not accept the return of any goods of faulty manufacture without written notification which must state the nature of the fault of each item and the invoice number relating to the purchase of each item.
20. All transportation charges relating to the return of goods will be borne to the Buyer unless otherwise agreed in writing.
21.We will at our option replace whenever possible, goods found to be of faulty manufacture after examination provided that the procedure for return in (section 17) has been complied with. The Vendor will return goods that, after examination, are found to have no fault defect.
PRODUCT SPECIFICATION
22. All measurements, scales, voltages, listed in our catalogues, order forms, advertisements, or any other publication or communication from our company are approximate only and no warranty or condition is given of accuracy. Whilst our suppliers endeavour to ensure that models or representations will be accurate in detail.
LAW
23. These Terms and Conditions of Trade and Sale are construed and applied in accordance with English Law. In the event of any dispute arising the parties shall submit to the jurisdiction of the English Courts.