All contracts entered into between Campus & Co and ATC Enterprises (hereinafter called the ‘Seller’) and any person, firm or company (hereinafter called the ‘Buyer’) purchasing goods from the Seller shall be subject to the following terms and conditions, and the placing of an order by the Buyer shall be considered as acceptance of these conditions.
2. Application of Terms
These trading terms shall apply to the sale of goods and services by the Seller to any contracting company, customer or client, to the exclusion of all other terms and conditions including any terms or conditions which any representative of any buyer may purport to apply under any purchase order, confirmation order or similar document. Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer’s acceptance of these trading terms. Any special terms and conditions agreed between the parties shall be inapplicable unless agreed in writing by the Seller, and signed by one of the partners.
a) All prices include VAT. Prices or specifications of products may be changed at any time without prior notice. Orders will be invoiced at the price ruling at Date of Dispatch.
b) Quoted prices apply only to the stipulated quantities and do not necessarily hold for lesser quantities.
Many products are supplied to the Seller by manufacturers in boxed quantities. The Seller gives no guarantee or warranty that the quantities are accurate and accepts no responsibility for any discrepancies. Any boxed quantities or sizes stated are approximate and may change without notice. Every effort is made to prevent errors in our catalogues. Where possible any error will be advised at the point of ordering, so that we can proceed with corrected details and prices. Products and specifications of items, for example, sizes, shown in our catalogues, price list or any other such literature may change without prior notice. In this instance, we reserve the right to send an equivalent product.
All products sold by the Seller have a unique Product Code, which must be used when placing orders. For special or large orders placed verbally, an order confirmation may be sent to you by fax or email to ensure no errors are made by our interpretation of your order.
6. Refusal of Order
The Seller reserves the right to accept or refuse any order given on the basis of its quotation or otherwise and in the event of the refusal of any order, the Seller shall not be liable for any loss or damage arising there from or in connection therewith or in relation thereto.
Delivery is normally free within the Seller’s own van delivery area. However, where a supplier imposes a packaging or carriage charge on the Seller for the supply of goods to special order, this charge is passed on to the Buyer. The Seller reserves the right to charge for carriage/postage/packaging etc. as appropriate for delivery outside the limit of his free delivery area, and for any order having a net goods value of less than fifty pounds sterling. Unless otherwise instructed by the Buyer, the balance of any part delivery will follow as soon as possible under separate invoice.
8. Damages and Shortages
Damaged/faulty goods or short deliveries must be notified to the Seller within three days of delivery and the goods and packaging material retained for inspection, otherwise no liability can be accepted. The Seller’s liability in respect of faulty goods shall be limited to giving the Buyer the benefit of any guarantee given by the manufacturer of such goods.
a) Goods not faulty but no longer required by the customer, or where the customer has ordered incorrectly or not specified the correct size or colour, etc, will only be accepted for credit within 5 days of delivery provided they are in perfect condition and in original packaging. A 15% handling charge will normally apply. After 5 days a 25% restocking charge will apply. No goods are accepted for return after 20 days.
b) Goods ordered specially (non stock lines) will not be accepted back for credit unless they can be returned to the manufacturer, in which case a 25% restocking charge plus carriage charge will apply.
c) To return goods, please email our Sales Team email@example.com quoting the Delivery Note Number to issue you with a returns authorisation. Transport are not able to collect products without a collection note.
10. Health and Safety
The purchaser is solely responsible to ensure that each product is suitable for the use to which it is put, and that it is used in accordance with current Health & Safety legislation. COSHH (Control Of Substances Hazardous to Health) Data Sheets are available on request.
Goods supplied by the Seller are guaranteed in accordance with the terms of the manufacturer’s warranty provided with the goods. Our warranty does not apply to wear and tear, or if a product has been damaged or misused. It does not apply to a small number of machines marked “No Commercial Warranty” which are suitable for domestic use only and which must be returned direct to the manufacturer in the event of a breakdown.
12. Warranty Repairs
If a machine is returned for repair within warranty, where it is found that the machine has been abused or has not been used as it was designed for, the repair will be chargeable. This also applies if a machine has not been maintained properly, e.g. cleaning and descaling where applicable. Machines returned for repair are not reassembled if on quotation you do not require the machine repaired. Loan machines are not available free of charge.
For all Credit Account customers, payment is strictly net and due by return upon receipt of invoice. In the case of non-accredited customers and/or any invoice marked ‘C.O.D.’ payment is required at the time of order through the specified payment channels. The Seller reserves the right to charge interest on accounts outstanding beyond the time specified in this condition, the rate of interest being 1.5% per month until payment is received.
14. Directors Guarantee
The Directors of the contracting company customer/client agree they are and will be jointly and severally liable for the cost of the goods and/or services ordered and any consequential losses arising therefrom including but not limited to damages and such Directors further jointly and severally guarantee to pay any amounts deemed to be due to the Seller forthwith on demand personally.
The property in the goods shall remain vested in the Seller and shall not pass to the Buyer until the Buyer has made payment in full of the purchase price and all cheques cleared. So long as the property in the goods remains vested in the Seller, the Seller shall be at liberty at any time to retake possession thereof and for that purpose to enter upon any premises of the Buyer. Notwithstanding the foregoing, the goods are at the entire risk of the Buyer from the point at which delivery is made.
The Seller accepts no liability of whatever nature arising as a result of any representations, breach of contract, late delivery of products, negligence or otherwise including but not limited to any liability for indirect or consequential loss, or loss of profits, revenue, business or goodwill except for liability for death or personal injury by the Seller’s negligence. All conditions, warranties, guarantees and representations, express or implied, by statute common law or otherwise in relation to the goods (other than any liability which the Seller is not permitted by law to exclude or restrict) are hereby excluded.
These terms and conditions and all contracts to which they apply shall in all respects be governed and construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.
ATC Enterprises Ltd. Registered in England and Wales Number: 08150994. Registered Address: Oakwood House, 7 Victoria Way, Burgess Hill, RH15 9NF. T: 01444 259651 W: firstname.lastname@example.org