All goods sold by Avica UK Ltd (hereinafter called “the Company”) are sold subject to these Terms and Conditions.
In these conditions the following words have the following meanings. a) The Buyer: the person(s), firm or company who purchases the Goods from the Company; b) The Company: Avica UK Ltd (Company registration number 03708767); c) Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions; d) Delivery Point: the place where delivery of the Goods is to take place under condition 4: e) Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any parts of them)
Quotations and Prices
All quotations of price (whether written or oral) are subject to withdrawal or amendment by the Company at any time prior to receipt by the Company of an acceptance and thereafter are subject to correction of errors at any time. If the Company has not received an acceptance within 30 days of the date of the quotation, the quotation shall be deemed to have lapsed. The prices quoted by the Company’s Representatives are subject to stock availability and, whilst every endeavour will be made to supply at the quoted prices, the Company reserves the right to adjust prices without prior notice. In particular, should any increase occur in the cost of labour, materials, transport and/or any other direct costs between the date of quotation and despatch of the goods, the Company reserves the right to adjust the contract price accordingly. The price payable for the Goods you order should be as set out in our website www.avica-uk.com at the time you place the order. However, in the event of there being a pricing error on the website, you will be advised of this within 1 working day of placing your order and have the option to accept the corrected price or cancel your order and receive a refund in full. VAT will be added when applicable. All descriptions, dimensions, particulars, weights and specifications submitted by the Company are deemed to be approximate only, as are the details given in any Company catalogue, website, price list and advertising, and do not form part of the contract.
Payment for goods shall be made at the time of your order unless credit terms have been arranged. In this instance, payment for goods supplied under the contract shall be made on the 30th day following the date of invoice or earlier, unless otherwise explicitly stated on the face of the invoice. Where the Buyer is making payment using a credit or debit card, validation will be sought from the Card Issuer. In addition, in the interest of preventing fraudulent use of credit, debit and charge cards, the Company will validate the names, addresses and other information supplied during the order process against commercially available records. A third party may also be instructed to complete these checks on behalf of the Company.
Credit account customers may be scrutinised by all or some of the methods listed above. By ordering from the Company you consent to such checks being made. The Company may need to contact you by letter, telephone or e-mail to verify details before we are able to process and despatch your order otherwise we may be unable to accept your order. If payment of the price or any part thereof is not made by the due date, the Company shall be entitled without prior notice and without affecting other rights hereunder:- 1. To charge interest upon the outstanding amount at the rate of 2.5% per month daily; 2. To cancel or suspend delivery of any goods ordered by the Customer which have not been delivered, without incurring any liability to the customer; 3. The Customer shall have no right of set-off in respect of any claim it may make against the Company.
The time for performance of the customer’s obligations (whether as to payment of otherwise) shall be of the essence so that the failure to perform shall entitle the Company at its option to treat the contract as repudiated by the Customer and in the event that invoice remain outstanding, following the agreed credit terms, then all invoices then in existence, whether or not due for payment, will immediately become due and payable. The Company shall have a right of set-off against any sums due by the Company or any of its associated companies to the Customer.
The Company will endeavour to deliver the goods in accordance with our delivery policy, and to comply with reasonable delivery instructions; but any specified time of delivery shall not be of the essence of the contract and the Company shall not be liable for late delivery, howsoever caused, nor shall such failure to deliver be deemed to be a breach of any contract. The buyer must ensure that someone is on site to accept and sign for the goods being delivered. The Company does not provide an installation service.
Goods are not supplied on a sale or return basis. The buyer has a right to cancel and order and receive a full refund prior to goods being despatched. If goods have been despatched, the buyer will have the right to return the goods within 7 days of receipt of goods. The cost of postage, packaging and insurance to return the goods will be borne by the buyer and goods must be received by the Company in perfect condition and in their original packaging. The costs incurred in the initial delivery of the goods will be deducted from any refund. There may be a re-stocking charge. If goods are not received back in perfect condition and in their original packaging, the Company reserves the right not to accept the goods at our warehouse and/or not to issue a refund or credit. Any costs to redeliver the goods will be payable in advance by the customer. If the goods have been removed from their original packaging or assembled, your right to cancel may be forfeited. Any free gifts received with your order must be returned if an order is cancelled.
All order cancellations or returns must be notified to us by e-mail only. If you wish to cancel or return goods please-e-mail our Customer Services Department on [email protected]
No cancellation of order will be accepted after 7 days from delivery of goods.
Title to Goods
Not withstanding delivery and the passing of risk, the property in the goods delivered by the Company to the Customer shall remain vested in the Company until unconditional payment, in full, is received and cleared through the Company’s bank account, not only for the goods but also for the goods and/or services comprised in any other contracts between the Company and the Customer which have been delivered and/or performed but remain unpaid. Until payment due from the Customer under all the contracts between the Customer and the Company has been so received in full:- 1. The Customer shall hold the goods on trust for the Company; 2. The Customer shall at all times keep the goods comprehensively insured against normal perils and damage; 3. The Customer shall subrogate to the Company any rights it may or will have in respect of insurance monies recoverable for the goods; 4. The Customer shall hold the goods as bailee in a fiduciary capacity for the Company and it shall be the responsibility of the Customer to keep the goods in good condition at its own expense; 5. The goods shall be held separately from any other assets and be identified as property of the Company and; 6. The Customer shall permit any officer, employee representative or agent of the Company to enter with or without vehicles onto the Customer’s premises or other site where the goods are located and to repossess the goods.
Cancellation by the Company
If the Customer shall fail to make any payment when due or enters into any arrangement with its creditors, or, if being an incorporated company, shall have an administrator or receiver appointed or shall pass a resolution for winding up or a court shall make an order to that effect, or if, being an unincorporated company, shall have a receiving order made against it, or if there shall be any breach by the Customer of any of the terms or conditions herein, the Company may defer or cancel any further deliveries and treat the contract as determined without prejudice to its right to the unpaid purchase price of the goods delivered and to damages for any loss suffered in consequence thereof and to any interest outstanding. The Company reserves the right to cancel or reduce any order in event of being unable, for any reason, to execute either the whole or part thereof.
Quoted prices for goods ordered, which are to be delivered to any part of mainland England, Scotland and Wales, excluding the Highlands of Scotland, Islands of Scotland, Channel Islands and Isle of Man where the order value exceeds £55 will include carriage costs. In respect of orders for the above areas where the order value is £54.99 or less, a handling charge will be levied. The Company reserves the right not to accept orders with a value of less than £55. In respect of orders for deliveries outside the above areas, the Customer will be charged the carriage at cost, in addition to the quoted price.
No claim shall be entertained by the Company unless received by the Company in writing. Claims arising from damage or partial loss in transit must reach the Company within 7 days of the date of delivery. Claims for non-delivery must reach the Company within 48 hours from the date of despatch. All other claims must also reach the Company within 48 hours of delivery. Damaged goods must be retained to enable inspection/collection.
Subject to the Unfair Contract Terms Act 1977, and the “requirement of reasonableness” therein, in the event of any claim against the Company in respect of any matter whatsoever, the liability (if any) of the Company shall be limited to the replacement of the goods sold by the Company in respect of when the liability (if any) arises only and under no circumstances shall the Company be liable to the Customer or any other party for any consequential loss or damage whatsoever.
Every effort will be made to carry out the contract but its due performance is subject to the cancellation by the Company of such variations as the Company may find necessary as a result of inability to secure labour, materials or supplies as a result of any Act of God, War, Strike, Lock-out, other Labour Dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the Company’s control. The Company shall be under no liability for failures, variations and delays attributable to causes beyond its control.
Other Conditions of Sale
By ordering any goods from the Company, the Customer will be deemed to have accepted that these Conditions take precedence over any other conditions obtained on or in any letter, acceptance form, receipt or the like received by the Customer in connection with the goods so ordered and that any such other conditions will not form part of the contract between the Company and the Customer for the sale of such goods.
The Company reserves the right to consult whomsoever it considers appropriate for the purpose of trade references and will record information in respect of such opinions which will be made available to other businesses for the continuing assessment of credit risk.
These conditions and all quotations, offers and acceptances shall be governed by and construed according to English Law.