A) THE CONTRACT
1. These terms apply to any contract between the Seller and you (the Buyer”) when you place and order with the seller in respect of any goods or service.
2. Any variation to these Terms and Conditions must be expressly agreed by a duly authorised officer of the Seller.
3. No quotation issued by the Seller shall constitute an offer to supply the quoted goods or services and the Seller will be under no responsibility to supply the goods or services until an order is accepted by the Seller in the form of an Order Acknowledgement at which a contract (the Contract) will be formed.
4. Any contract will be on the Terms and Conditions set out in this document to the exclusion of all other terms that may be implied by a purchase order or similar document.
5. A contract may only be cancelled with the consent of the Seller and the grant of that consent shall not prejudice the Seller’s right to recover from the Buyer full compensation for losses, costs or expenses arising from the cancellation.
6. Should the Sellers Order Acknowledgment contain extensions, qualifications or alternations to the quotation the consent of the Buyer shall be assumed unless the Buyer notifies his or her objection in writing within seven days from the issue of the Order Acknowledgement in question.
7. Plans, documents, drawings descriptions and photographs are approximate only unless specifically confirmed in writing by the Seller.
1. The price set out in the Order acknowledgment is in pounds sterling
2. Unless otherwise indicated in writing within the Order Acknowledgement, prices are given EXCLUSIVE of packing, transport, sales tax/VAT, import duty, and insurance.
3. Until a contract is established in the manner set out in these Terms and Conditions, the Seller shall have the right at any time to revise any quoted price to take into account any increase in its costs of labour, materials, carriage or overheads.
1. Payment is to be made according to the conditions agreed by the Buyer and Seller and set out in the Order Acknowledgment. No payment shall be deemed to have been received until the Seller has received cleared funds.
2. Where a contract is to be fulfilled in separate instalments or deliveries, payment for each instalment or delivery shall be made as if that instalment or delivery was a separate contract.
3. Time for payment shall be of the essence and failure by the Buyer to pay shall entitle the Seller to suspend outstanding deliveries of goods or services until payment is made or terms agreed to cancel the contract.
4. The Buyer shall be liable to pay interest at 8% over the Lloyds Bank base rate on all overdue payments accruing on a daily basis until payment is made.
D) TIME FOR COMPLETION OR DELIVERY:
1. Any estimate of time for delivery of the goods or services to the Buyer is given by the Seller in good faith but is approximate only and may not be taken to have contractual force. For the avoidance of doubt, where delivery is concerned, time shall not be of the essence unless otherwise agreed in writing by the Seller.
2. The Seller shall not be liable for any loss (including loss of profit) costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.
E) RISK & RESERVATION OF TITLE:
1. Goods delivered under the terms of any contract are at the risk of the Buyer from the time of delivery
2. Ownership of the goods shall not pass to the Seller until the Buyer has received in full in cash or cleared funds all sums due in respect of the goods and any other sum due to the Seller under that contract.
3. The Buyers right to possession of the goods shall terminate immediately if the Buyer has a bankruptcy order made against it, makes an arrangement or composition with its creditors, convenes a meeting of creditors, enters into any form of liquidation, or has an administrator or administrative receiver appointed, has a resolution presented to any court for the winding up of the Buyer, or enters into any proceedings relating to the insolvency or potential insolvency of the Buyer.
4. The Seller shall be entitled to recover payment of the goods notwithstanding that ownership of the goods has not passed from the Seller.
1. Where the Seller is not the manufacturer of the goods the Seller will transfer to the Buyer the benefit of any warranty or guarantee given to the Seller that is assignable. The Seller shall not be liable for such goods beyond this clause.
2. The Seller warrants that ,for goods manufactured by the Seller and subject to the other provisions of these terms, for a period of 12 months from delivery that the goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and that the goods will be reasonably fit for purpose for which they were intended as set out in the Sellers sales literature and any additional application requirements made by the Seller in writing during the establishment of a contract as set out in these Terms and Conditions.
3. The Seller shall not be liable for any breach of this warranty unless the Buyer gives written notice of the defect within three days of the Buyer becoming aware of the defect and the Seller is given reasonable opportunity after receiving such notice of examining the goods and the Buyer (if asked to do so by the Seller) returns such goods to the Seller at the Sellers place of business at the Buyers cost for such examination to take place there.
4. The Seller shall not be in breach of this warranty if the Buyer makes further use of the goods after giving such notice, the defect arises because the Buyer has failed to follow the Sellers instructions (whether written or oral) as to the storage, installation, use or maintenance of the goods, or in the absence of such instructions, normal trade practice, or if the Buyer alters or repairs the goods in question without the written consent of the Seller.
5. Subject to these Terms and Conditions, if any of the goods do not conform to the warranties given by the Seller then the Seller at its option shall repair or replace the defective goods or refund the value of the defective goods to the Buyer at the pro rated contract rate. If the Seller carries out such remedy(ies) then the Seller shall have no further liability under the contract.
6. Any goods replaced or repaired under this warranty will be guaranteed on the same terms by the Seller for the unexpired portion of the original 12 month guarantee period.
G) LIMITATION OF LIABILITY:
1. The Terms and conditions set out the entire financial liability of the Seller to the Buyer in respect of any breach by the Seller of these Terms and Conditions or any representation made or arising in connection with the contract.
2. All warranties conditions and other terms implied by statute or common law (save for those under section 12 of the Sale of goods Act 1979) are to the fullest extent permitted by the law, excluded from this contract.
3. Nothing in these terms excludes or limits the liability of the Seller for the death or personal injury caused by the Seller’s negligence or fraudulent representation.
4. Subject to these Terms and Conditions, the Sellers total liability in contract, tort, misrepresentation or otherwise shall be limited to the contract price.
5. Subject to these Terms and conditions, the Seller shall not under any circumstances be liable to the Buyer for any indirect or consequential loss or damage including the loss of profit, business or goodwill or otherwise or other claims for consequential compensation arising out of or in connection with the contract.
1. The formation, existence, construction and performance of any contract shall be governed by English law and the parties to the contract submit to the exclusive jurisdiction of the English Courts.
1. Any notice to be given under the contract shall be in writing and sent by first class pre paid letter addressed to the receiving party at the business address last specified in the Order Acknowledgment and shall have been deemed to have been served in the case of inland post 24 hours after proven dispatch of posting or in the case or overseas airmail, 72 hours after proven dispatch of posting.
1. Each right of remedy of the Seller under the contract is without prejudice to any other right or remedy of the Seller.
2. If any provision of this Contract is found by any court, tribunal to be illegal, invalid or void, then such illegality or invalidity shall be deemed to be severable and the remainder of the contract shall continue in full force and effect.
3. Failure by the Seller in enforcing, in whole or in part, any provision of this contract shall not be deemed as waiver.
K) RETURNS POLICY
1. If you change your mind about the product, you can notify us within 7 days and return it to us.
2. The return will be subject to a re-stocking charge of 50% due to the nature of the product.
3. Any refunds will be made within 30 days of receiving your returned item. You are expected to cover the cost of returning the item and your initial delivery charge will not be refunded.
4. Refunds will not be given if the item has been fitted, damaged or so altered that it is not fit for immediate re-sale.
L) FAULTY GOODS
1. We will repair, replace or refund the cost of the goods and the delivery charge for all faulty goods notified to us within 12 months of delivery where a manufacturing defect is apparent.
2. Filters that have reached the end of their service life irrespective of the timescale, or are used for purposes not specified at the time of purchase, are not returnable.
3. Upon receiving your request we will arrange shipment of the item with you.
4. All returns are tested and if the item proves not to be faulty when tested then no refund will be offered and you will be charged the actual cost of the original delivery, collection and the subsequent item return.
How to arrange a return:
Request return authorisation by calling our contact centre on 01252 788096, the process and return delivery address will then be specified.
It is your responsibility to ensure that returned goods reach us in good condition. They should be well packed when you return them to us. Please send to: Absolute Carbon Filters Ltd. Winnall Valley Road, Winchester, Winchester, SO23 0LD, United Kingdom