1. INTERPRETATION
1.1. In these conditions the following words have the following meanings. The Buyer: the person(s), firm or company who purchases the Goods from the Company; The Company: A1 Equipment Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions; Delivery Point: the place where delivery of the Goods is to take place under condition 4: Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any parts of them)
1.2. In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statue or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3. In these Conditions references to the masculine includes the feminine and the neuter and to the singular includes the plural and vice versa as the context admits or requires.
1.4. In these Conditions headings will not affect the construction of these Conditions.
2. APPLICATION OF TERMS
2.1. Subject to any variation under conditions 2.3 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2. These Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of this Company.
2.3. No order placed by the Buyer, shall be deemed to be accepted by the Company until the Company delivers the Goods to the Buyer. The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
2.4. Any quotation is given on the basis that no contract will come into existence until the Company dispatches the Goods to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
2.5. Applying for credit facilities or placing an order with the Company is taken as authorisation for the Company to approach third parties for credit information.
2.6. The Company may assign this contract, or any claims arising therefore, to third parties without the buyers' consent.
3. DESCRIPTION
3.1. The description of the Goods shall be as set out in the Company’s Web Page and Catalogue.
3.2. All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
4. MAIL AND WEB ORDER DELIVERY
4.1. If orders are placed before 12.00PM, goods held in our warehouse are usually delivered the next working day on the UK mainland, although bulky or fragile items may take longer.
4.2. For off shore and remote areas including Northern Ireland, Highlands, Isle of Man, Isle of Wight, Channel Islands, Alderney and Scottish Islands a supplementary delivery cost may apply.
4.3. All products are subject to availability.
4.4. Any dates specified by the Company for mail order delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.
4.5. All large machinery, refrigeration, and flat packed prices include delivery to the door (ground floor only) UK mainland. Mail and web order delivery does not include going on the premises, negotiating stairs or lifts, unpacking, positioning or assembling items. The Buyer needs to ensure that all products will fit through doorways and onto premises, the Company will not accept responsibility if it will not fit. Any carriage charges caused by aborted delivery are the Buyers responsibility.
4.6. Subject to the other provisions of these Conditions the Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence).
4.7. Any delay in delivery will not entitle the Buyer to cancel the order. The Company will not be liable for failure or delay in delivery of the goods, if it is due to an event beyond the reasonable control of the company.
4.8. The Buyer must ensure that someone is on site to accept and sign for delivery. Any signature taken to accept delivery is binding.
4.9. If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, or the company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses or authorisations:
4.9.1. Risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence);
4.9.2. The Goods will be deemed to have been delivered; and
4.9.3. The Company may store the Goods until delivery where upon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).
4.9.4. For large machinery or carts , where a delivery attempt has been made and failed due to customer error, a subsequent delivery charge may be made.
5. DELIVERY AND INSTALLATION
5.1. The company will carry out installation in a workmanlike manner and to the best of its ability, but shall not be liable for any damage caused to persons or property in or about the premises caused by reasons beyond the control of the Company or employees.Installation is a chargable item and will be quoted and agreed on by both parties.
5.2. The delivery date referred to in the Company's acknowledgement of order shall only be regarded an estimate of the actual date of delivery. The Company shall not be bound to deliver on the estimated delivery date nor shall the Company be liable for any delay in delivery unless specifically agreed in writing from the Company's head office.
5.3. Where delivery is delayed upon the buyers request or due to the lack of delivery instructions, or due to the buyers delayed payment of his account the Company shall have the right to charge storage costs, which the buyer shall pay. Storage shall be charged at 2% of invoice value for each completed month which delivery is delayed beyond the stated delivery date.
5.4. If the Company attempts to effect delivery, and such an attempted delivery is abortive due to the buyers refusal to accept goods for whatsoever reason, unless the buyer has given the Company reasonable written notice of the buyers wish to postpone the delivery date, the Company shall have the right to charge the buyer with all costs and expenses of the abortive delivery.
5.5. The Company may make, and the buyer shall accept partial deliveries when required by the Company.
5.6. On delivery all risk in connection with the goods shall pass to the buyer.
5.7. If, after delivery, but before completion of the installation, damage to or destruction of any part of the equipment on site occurs, arising from any accident, theft or malicious intent or from war, fire or any cause beyond the Company's control the Company shall make good the damage or destruction and will make an