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Terms & Conditions

STANDARD CONDITIONS OF SALE 1999

THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ASHFIELD WEB SERVICES LIMITED, AND ANY OF IT'S SUBSIDIARIES, CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. ASHFIELD WEB SERVICES LIMITED DISCLAIMS ANY IMPLIED WARRANTIES. ASHFIELD WEB SERVICES LIMITED, ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, PRODUCTS, CONTENT OR SERVICES PROVIDED BY ASHFIELD WEB SERVICES LIMITED INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE INFORMATION, PRODUCTS, SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES.

ASHFIELD WEB SERVICES LTD. RESERVES THE RIGHT TO ALTER PRODUCT DESIGNS, PRICES, ETC. AT ANY TIME.

1. GENERAL 

a) These conditions shall apply to all orders, acknowledgements of order, quotations and any other sales and supplies of Ashfield Web Services Limited's, or it's associated trading departments, (hereafter known as 'the Company') goods and services to the exclusion of any inconsistent terms and conditions proposed by the Purchaser unless the latter are specifically accepted in writing on behalf of the Company. The Purchaser should note that the Company's Agents, Salesman or Representatives have no authority to agree or accept any amendment or alteration to these Conditions of Sale.

b) English Law shall govern all contracts, and the English courts will have the sole jurisdiction in any dispute.

c) These Conditions of Sale shall apply in substitution for all previous Conditions of Sale and terms upon which the Company and the Purchaser shall have carried on the business and shall represent the whole of the Agreement between the Company and the Purchaser to the exclusion of any previous course of dealing, trade, custom, practice or usage.

d) Where the context so admits these conditions are intended to apply as well to contracts for the supply of services or mixed goods and services, as well as to the supply of goods alone.

THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. 'THE COMPANY', AND ANY OF IT'S SUBSIDIARIES, CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. 'THE COMPANY' DISCLAIMS ANY IMPLIED WARRANTIES. 'THE COMPANY',  ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, PRODUCTS, CONTENT OR SERVICES PROVIDED BY 'THE COMPANY' INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE INFORMATION, PRODUCTS, SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES.

2. QUOTATIONS

Subject to Clause 3 hereof, quotations are open to acceptance in writing by a Purchaser for a period of thirty days from the date of the quotation. After this period of thirty days has expired the tender will be deemed to have been withdrawn unless otherwise agreed in writing on behalf of the Company.

3. PRICES

a) Notwithstanding any offer, quotation, tender or price list, orders can only be accepted subject to the condition that the goods will be invoiced at the Company's prices ruling at the date of despatch.

b) All prices quoted are subject to the addition of Value Added Tax (VAT) at the rate in existence at the date of supply as defined by statute.

4. TERMS OF PAYMENT

a) Except where goods are supplied on credit, the Company will not despatch the goods to the Purchaser until payment in full has been received by the Company in respect of the goods and any delivery or carriage charges payable by the Purchaser.

b) Where goods are supplied on credit all invoices for goods together with all delivery, packaging, ex-works delivery or any other charges for which the Purchaser is liable shall become due, unless otherwise agreed in writing on behalf of the Company, on the earlier of: -

i) the end of the month following the month of the invoice, except Capital Equipment which is strictly cash within 30 days of invoice.

ii) the date when invoices previously rendered by the Company to the Purchaser become overdue for payment.

c) Where services are provided or installation or contract work is carried out in accordance with the provision of clause 13 all invoices in respect of the carrying out of the services or installation work shall be payable:- 

i) within 30 days of the invoice; or

ii) on the date when previous invoices rendered by the Company to the Purchaser become overdue for payment whichever is the earlier.

d) Where payment is not made on the due date whether credit facilities have been allowed or not and without prejudice to any other rights which the Company may have arising from non-payment the following rules shall apply:-

i) the Company may charge interest on the overdue amount at the rate of 2.5% per calendar month calculated from day to day and compounded on a calendar monthly basis from the date the payment becomes due until the date the Company receives payment.

ii) the Company may treat any or all other agreements between the Company and the Purchaser as repudiated without prejudice to any other remedies the Company may have in respect of the non-payment by the customer.

iii) the Company may refuse to carry out any other work or supply any other goods to the customer until all payments due are deemed pursuant to this clause including any interest accrued under paragraph (i) above have been satisfied, or at all.

e) The Purchaser shall not be entitled:- i) to withhold payment of any amount payable pursuant to this contract because of any disputed claim of the Purchaser in respect of defective goods or workmanship or any other alleged breach of contract.

ii) to set off against any amounts payable pursuant to the contract any monies which are not then presently payable by the Company or for which the Company disputes liability.

f) Where goods are supplied by instalment deliveries the Company shall be entitled to render interim invoices for each instalment. Each interim instalment invoice rendered pursuant to this sub-clause shall be treated as a final invoice and the provisions for payment set out in this clause shall apply as if it were a final invoice.

g) Payment of all invoices shall be made:-

i) by crossed cheque to the Company's Head Office and it should be noted that no Agent, Salesman or Representative has the authority to accept or give a receipt for the payment of invoices.

ii) by BACS Payments, or similar electronic payment method, directly into the Company's bank current account.

h) The Company reserves the right to withdraw credit facilities at any time without giving a reason and thereafter all transactions between the Purchaser and the Company shall go on the basis laid down in sub-clause (a) of this clause 4.

i) The Company reserves the right to suspend or refuse to carry out any further work or deliveries or to rescind any existing contracts between the Company and the Purchaser for the delivery of goods or the provision of services if the Purchaser enters into liquidation, bankruptcy or has a receiver appointed or the Company in its absolute discretion considers there to be doubt as to the customer's financial position or the ability to pay for the goods.

5. CARRIAGE / DELIVERY / OFF-LOADING

a) Unless otherwise agreed the Company shall have the right to determine the method of delivery of the goods. The cost of such delivery plus an addition to cover the packaging costs will be charged to the Purchaser.

b) Where goods are offered for delivery to site the Company's obligations will be to deliver as near as possible to the site as hard roads permit and not further or otherwise. The Purchaser is to provide free of charge the labour required for off-loading and all the necessary lifting equipment. The Company will not be liable for any damage or loss caused. The Purchaser shall compensate the Company for any loss or damage suffered by the Company as a result of the Purchaser's failure to comply with this condition.

c) The Company will endeavour to deliver the goods and/or provide the service on the dates (if any) specified by its duly authorised representatives but in all cases the delivery dates given for delivery of goods or the provision of services are estimates only and the Company will not be liable for any loss, damage, or expense suffered by the Purchaser as a result of the Company's failure to deliver the goods or supply the services on any specified date or at any specified time.

d) The Purchaser shall accept delivery by instalments if required to do so by the Company.

e)  For EXPORT SHIPMENTS customer will be responible for all/any import duties, customs clearance charges, storage charges, detentions/delays, destination charges and clearance, Duties and Taxes applicable

f) Where goods are supplied to the Company subject to ex-works delivery charges levied by the manufacturer on the Company the Purchaser shall re-imburse the Company the amount of the ex-works delivery charges together with the cost of delivery from the Company's warehouse to the Purchaser's premises.

6. GOODS LOST / DAMAGED IN TRANSIT / SHORT DELIVERED

a) The Company must be notified of non-delivery of goods within fourteen days of receipt of the Company's invoice.

b) The Company will only replace the products lost or damaged in transit on the proviso that the Purchaser has acted in accordance with clause 6(a).

c) If goods are damaged in transit, short delivered or not suitable the Company must be notified within seven days of receiving the goods. If the Purchaser shall fail to give such notice within the specified period the goods shall be deemed to be in all respects in accordance with the Contract and the Purchaser shall be deemed to have accepted the same and be bound to pay accordingly.

7. RETURN OF GOODS FOR CREDIT

a) The Company will not accept goods returned for credit unless previously agreed in writing by the Company.

b) Before consideration can be given to the acceptance of goods returned for credit the Purchaser must provide the data of the original supply and the invoice number on which they were charged.

c) The Company reserves the right:-

i) to refuse to accept any goods which are not in their original condition.

ii) to make a 20% restocking charge for accepting goods returned for credit to cover administration and other costs involved unless alternative arrangements have previously been agreed by the Company in writing.

d) If goods are returned for credit without any prior agreement in writing with the Company as provided for in sub-clause (a) of this clause the Company does not accept any responsibility for any damage caused to the goods or loss suffered while goods are in the possession of the Company.

8. TITLE

a) Goods supplied by the Company to the Purchaser shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Purchaser shall have paid to the Company the full price of the goods set out in the invoice delivered to the Purchaser in respect of the goods.

b) The risk in the goods shall pass to the customer when:-

i) the goods leave the Company's premises; or

ii) the Company renders an invoice in respect of the goods, whichever is the earlier.

c) From the date on which the risk in the goods passes in accordance with clause (b) above until the date when property passes in accordance with sub-clause (a) the customer shall insure the goods to their full value against all insurable risks with a reputable insurance company and shall produce to the Company if demanded evidence to the satisfaction of the Company such insurance has been effected.

9. WARRANTIES AND LIMIT OF LIABILITY

a) The conditions and warranties set out in Sections 13, 14 and 15 'Sale of Goods Act 1979' and Sections 13, 14, 15 and 16 of the 'Supply of Goods and Services Act 1992' are hereby expressly excluded from contracts made under these terms and conditions.

b) In the event of any defect in or failure of any product supplied under these terms and conditions the maximum liability of the Company will be the initial purchase price of the product.

c) No liability is accepted for any direct or indirect costs, damages, or expenses relating to damaged property or injury or loss to any person, firm, or company or for any loss of profits or production or any consequential or other loss arising out of or occasioned by any defects in or the failure of the goods or materials or parts thereof supplied by or services rendered or advice given by the Company even if the defect or failure arose through negligence by the Company or the services or advice were negligently rendered or given.

10. MINIMUM ORDER CHARGE

a) The Company reserves the right to apply a minimum order charge of £25.00 excluding carriage costs and V.A.T.

b) The Company reserves the right to refuse to give any discount against price chargeable to the Purchaser pursuant to clause 3 where the value of the order placed by the Purchaser is less than £50.00 excluding carriage costs and V.A.T.

11. SALES EX-STOCK

Goods offered ex-stock are subject to prior sale.

12. CANCELLATION

Contracts and orders may be cancelled by the Purchaser only with the Company's written agreement and the Company retains the right to charge a cancellation fee and invoice for any work done prior to the cancellation.

13. INSTALLATION / CONTRACT WORK

a) The Company's offer does not provide for the unloading of equipment upon arrival at site. The Purchaser is expected to have suitable unloading equipment including all the necessary lifting equipment and labour. The Purchaser will reimburse the Company for any loss or damage suffered as a result of the Purchaser's failure to comply with this condition..

b) The Company reserves the right to render an interim invoice or invoices in respect of work done up to date of such invoice or invoices at any time during the term of any contract for the provision of installation work and each such invoice shall be payable in accordance with the terms of clause 4 (c) hereof.

c) If interruptions in the initial work program are experienced the Company will charge for the additional journeys to and from site at normal day work rates to include labour, mileage, accommodation and plant hire plus any other loss, damage or expense incurred as a result of the interruption.

d) The Company shall not be liable for any loss, damage, or expense suffered by the Purchaser if any contract is not completed within the time provided in the contract. It should be noted that although the Company will endeavour to complete contracts within any time limits given, these are estimates only.

e) Where drawings are supplied by the Purchaser to quote against the subsequent quotes submitted by the Company to the Purchaser are on the basis ‘as supplied' drawings and the Company shall not be liable for any loss, damage or expense arising out of a defect or inaccuracy in the drawing supplied. Further the Purchaser shall reimburse the Company for any additional work required to be done by the Company to rectify such defect or inaccuracy on the basis set out in sub-clause (c) above.

f) The Company will not carry out any work additional to that originally quoted for unless the Purchaser gives a variation order in writing to cover the charges for such work and undertake to pay for such add itional work on the basis set out in sub-clause (c) above.

g) The Company does not accept responsibility for gaining access to the site working area except as regards obstructions specifically brought to the Company's attention by the Purchaser at the time of the quotation. If access to the working area is blocked or prevented by any means not specifically mentioned in the quotation the Company will provide such necessary equipment and additional labour to obtain access upon receipt of a written variation order from the Purchaser to pay for such additional work on the basis set out in sub-clause (c) above.

h) The Purchaser shall be liable for and shall indemnify the Company against any liability, loss, or claim or proceedings whatsoever arising under any statute or at common law in respect of any personal injury to or the death of any person whatsoever arising out of or in the course of or caused by the carrying out of the work on site by the Company unless to any act or neglect of the Company or of any person for whom the Company is responsible.

i) The Purchaser shall be liable for and shall indemnify the Company against any expense, liability, loss, claim or proceedings in respect of any injury or damage whatsoever to any property real or personal in so far as such injury or damage arises out of or in the course of or by any reason of the carrying out of the works on site unless the same shall be due to any act of neglect of the Company or of any person for whom the Company is responsible.

j) Without prejudice to the Purchaser's liability to indemnify the Company pursuant to sub-clauses (h) and (i) of this condition 13 the Purchaser shall maintain and shall cause any sub-contractor to maintain such insurances as are necessary to cover the liability of the contractor and any sub-contractor in respect of personal injuries or death or damage to property real or personal arising out of or in the course of or caused by the carrying out of the contract work for which the Purchaser is liable pursuant to this clause 13 and further the Purchaser shall be responsible for a warrant that the site at which any contract work is to be carried out shall be fully in accordance with the provisions of all statutes, regulations, statutory instruments, codes of practice or other provisions whatsoever relating to the carrying on of works on such a site and in particular observes all safety regulations in relation thereto. The Purchaser shall indemnify the Company against any expense, liability, loss, claim or proceedings arising from a breach of this condition.

14. GOODS NOT BELONGING TO the Company

The Company does not accept responsibility or liability for any loss or damage suffered by goods belonging to the Purchaser while such goods are in the Company's possession unless such loss or damage arises as a result of the deliberate acts of negligence of the Company, its servants or agents.

15. WEBSITE ERRORS

We take great care to ensure the information and prices on this website are accurate and current. In the unlikely event that a website error affects your order, we will contact you before we process your order to discuss the matter. If you discover any errors after we have processed your order, you are of course welcome to cancel your order. This does not affect your statutory rights as a consumer.

 

 

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