Conditions of Sale
of Atkinson Equipment
Ltd – hereinafter referred to as “the
Company”.
All orders placed are
subject to these conditions of sale and the placing
of an order shall be considered to be acceptance of
these conditions.
1.PRICES
Prices are subject to
change without notice and are those ruling at date of
despatch, unless otherwise agreed in writing.
Prices are quoted with all applicable trade and cash
discounts taken into consideration, and exclude
VAT.
2.TERMS
For approved credit
accounts, payment is due 30 days from the end of the
month of invoice. The time of payment shall be
of the essence of the contract. If the
purchaser fails to make payment by the due date then,
without prejudice to any other right or remedy
available to the Company, the Company shall be
entitled to:
i) Charge the
purchaser interest monthly on the outstanding balance
at a monthly rate 3% over the Bank of
England’s base
rate until payment is received in full. A part
month shall be treated as a full month for the
purpose of calculating interest.
ii) Charge to the
purchaser the costs of recovery of the outstanding
amount, including legal costs and
disbursements,
and bank charges
incurred in representing cheques or special clearance
thereof.
iii) Require payment
in advance of delivery of undelivered goods.
iv) Refuse to make delivery of any undelivered goods
whether ordered under the contract or not and without
incurring any liability whatsoever to the buyer for
non-delivery or any delay in delivery.
v) Cancel the
contract, or any other contracts with the
purchaser.
vi) The total account
balance will become due on demand if any invoice is
not paid within the above stated terms.
3.DELIVERY
The time of delivery,
whilst given in good faith, is not the essence of the
contract. The Company shall not be liable for
any loss or damage, including consequential loss or
damage, in respect of delayed deliveries due to any
reason, and howsoever caused.
4.CANCELLATION
Notice of cancellation
of order for stock items is required in
writing. Stock items returned will only be
accepted if in new condition and will be subject to a
20% restocking charge. Orders for items to
customer’s specification cannot be cancelled
and must be paid for in full.
5.CARRIAGE
Prices quoted exclude
carriage and packing. Shortages and transit
damage must be notified in writing within three days
of delivery. Claims beyond this period will not
be entertained.
6.TITLE
Title of the goods
shall only pass from the Company to the purchaser
upon full payment of all monies due. Until
title passes, the purchaser holds the goods as agents
for the seller, and shall be responsible for the safe
custody of the goods, including the insurance, and
shall indemnify the Company in respect of all loss or
damage of whatsoever nature affecting the
goods. The purchaser may use the goods for his
normal purposes. The goods must be stored
separately and identified accordingly. If the
goods are combined with other goods, title to the
combined goods is retained by the Company, and these
goods must be similarly stored and identified.
The Company reserves the right to re-possess all or
part of the goods or combined goods, and shall have
right of entry to the purchaser’s premises in
order to retrieve the goods.
7.INFORMATION AND
SPECIFICATIONS
Information and
specifications, including photographs, drawings and
diagrams, published or advised by the Company are
given in good faith but shall form no part of the
contract. The Company reserves the right to
alter specifications in line with manufacturers
amendments and other information received. The
Company at the request of a customer may, but without
being under any obligation to do so, furnish
technical advice with reference to the use of the
goods or material sold hereunder, but on the express
understanding that any such advice or assistance is
given and accepted at the customer’s risk and
the Company shall not be liable for any loss, damage
or claims arising there from.
8.WARRANTY
Warranty offered is
that of the manufacturer, and shall be limited to
repair or replacement of the item as advised by the
manufacturer. All products alleged as warranty
failures should be returned to us carriage paid for
inspection at our works. Prior to return,
customers should telephone to obtain the required
returns form & call for an authorisation number.
this form must accompany the returned goods (a copy
is at the back of your price list. No
responsibility is accepted for consequential or
liquidated damages in the event of product
failure.
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CONDITIONS OF SALE
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