Terms & Conditions
All sales made by the company are subject to these standard terms & conditions, except where otherwise agreed in writing by both parties in the contract, and shall be read in conjunction with any specific conditions included in any of the quotations of the company.
a. In these conditions “The Company” means ADKWIK Industrial Supplies or any subsidiary company or agent authorised by them and ‘the purchaser’ means the persons firm or company purchasing of doing business with the company.
b. “The Goods” means all products supplied by The Company to the purchaser whether by means of sale, hire, rental, or otherwise and whether the property of The Company or distributed by The Company as agents for another.
a. The Company has the complete discretion to refuse any order made on the basis of the Company’s quotations within 7 days of such order being placed and acknowledged by The Company. The Company shall not be liable for any consequential damages/loses/expenses incurred by the purchaser placing such order as a result of The Company’s refusal. b. If there is any fault with The Goods supplied by The Company then the purchaser must inform The Company immediately upon initial inspection upon delivery of such goods. The Company shall not be liable to return/refund/repair any goods supplied once delivery has been signed for and accepted. c. The purchaser must notify The Company immediately of any defect with the goods provided. The Company shall review such product and its decision shall be made in a reasonable period and shall be final. The Company shall not be liable for any costs incurred by the customer as a result of the customer’s allegation of defective goods.
3. Credit & Guarantee
a. Credit will only be issued on returns if the delivery number is quoted and at the complete discretion of The Company.
b. Where credit is given by The Company to the purchaser and such purchaser is a Limited Company or Partnership, the Director or Partner, upon placing the order for goods which are subject to these Terms & Conditions, hereby gives a personal guarantee for all the Directors or Partners for the amount of the outstanding debt in respect of the credit given for goods delivered.
c. The Directors guarantee shall not be invalidated by any such forbearance or extension as the Company may in is absolute discretion afford to the purchaser.
a. Printed price lists are subject to alteration without notice and at the complete discretion of The Company. It is the purchaser’s responsibility to ensure they are aware of current price listings for goods provided.
b. Orders are accepted at Nett selling prices as printed on The Company’s price list and as set on the date of dispatch by The Company.
5. Payment & Retention of Title
a. All goods supplied remain the property of the company until they have been paid for in full and receipt acknowledged by The Company. The Goods supplied shall be at the risk of the purchaser from their acceptance upon delivery including automatically being subject to a director’s guarantee (the director named on the companies records) without any concession as from the date of delivery.
b. Invoices subject to Nett monthly terms are to be paid promptly by the 28th of the month following the invoice date or earlier if required by The Company or on such other terms mutually agreed between The Company and the purchaser which are clearly stated on the face of invoice, agreed in writing between the parties or by a subsequent updating invoice.
c. If payment is delayed beyond the agreed terms The Company reserves the right to charge daily interest on the outstanding balance at a rate of 3% above the base rate of Barclays Bank PLC from the date of the unpaid invoice until the date that payment is received in full, and receipted thereof. d. Directors/purchasers guarantee. The named director or purchaser makes a legally binding guarantee on accepting these conditions of sale on the purchaser’s premises which are clearly stated on all delivery notes or invoices, to make all payments to the agreed payment terms as set out in paragraph 4a, 4b and 4c. e. If payment is received later than the terms agreed between The Company and the purchaser for any three consecutive payments, The Company reserves the right to automatically withdraw any credit agreement and implement payment for all purchases by pro-forma invoice.
f. All costs, charges and expenses incurred by us in recovering any debt shall be paid by the customer; including any wasted time spent by The Company in respect thereof.
6. Bankruptcy, Liquidation or Administration
a. Should the Purchaser or Purchasers company enter into a liquidation or administrative state, The Purchaser, liquidator or Administrator has no authority or right at any time to use, pass on, sell (including by auction), or dispose to any other party all goods that the purchaser or purchasers company has obtained from the company without payment. All such actions will be regarded as unlawful and may be subject to prosecution.
b. The Purchaser, Administrator or Liquidator will be obligated to contact the company immediately and will be liable for the safekeeping and security of all goods owned by the company as from the date and time of liquidation or administration.
7. Special/Non-Standard Orders
a. The Company reserves the right to request payment in advance before supplying any special/non-standard order goods or manufactured items. Such request shall be made by The Company within a reasonable period from receipt of the order being placed.
b. It is the responsibility of the purchaser to pass on all details or dimensions accurately in respect of such Special/Non-standard orders and The Company shall base the order’s design explicitly on these details or dimensions where possible. The Company shall not accept any liability under any circumstances for any variation or inaccuracy in the final design of the Special/Non-standard order, following acknowledgment of the placement of such order. The Company reserves the right to demand a written confirmation from the purchaser before effecting manufacture or delivery of any item.
d. The Company shall not entertain any alterations/updates thereon unless so agreed at the complete discretion of The Company in writing prior to the product being manufactured e. Any verbal instruction given by the purchaser for a special order will be taken and deemed to be legally binding.
a. The Company shall endeavour to deliver items in stock by the date set out in the delivery confirmation in respect of that order, but such timed deliveries/arrival time estimates are provided as a guide/target only, unless The Company expressly agrees in writing to be bound by a delivery date as being of the essence of any contract under these Terms.
b. Delivery shall be made during normal working hours (excluding local and national holidays). If the purchaser requires delivery to be made outside such times, an additional charge may be payable.
c. The Company shall not be liable for any delay in delivery owing to matters outside The Company’s control.
d. The Company shall deliver The Goods to the address specified by the purchaser on the order form placed with The Company. The Company reserves the right to withhold delivery where the address supplied is not clear and shall not be held liable for any costs/loses/expenses incurred by the purchaser as a result thereof. The Company shall not be liable for inaccurate communication of the purchaser’s address for delivery and the purchaser shall be held liable for any costs The Company incurs as a result of such miscommunication.
e. The purchaser must inform The Company upon placing an order whom shall have the authority to sign for acceptance of delivery of The Goods; such person must be specifically named; The Company’s courier service shall not facilitate delivery to any other party other than that specified by the purchaser and communicated to The Company. If the purchaser wishes the designated signatory to be different from that which is specified upon placing the order, the purchaser must notify The Company at least 24 hours prior to the agreed delivery date. If the purchaser does not assign a set signatory for The Goods, then it is at the purchaser’s own risk as to acceptance of delivery and The Company shall not be held liable for any loses suffered as a result thereof by the purchaser.
f. No liability can be taken for any information given by the purchaser verbally at any time.
a. The Company shall not be responsible for any consequential loss of any description incurred by the purchaser as a result of any failure or fault in The Goods or for any damages or personal injuries or other losses, howsoever caused directly or indirectly by The Goods.
b. It is the responsibility of the purchaser to carry out trials to ensure any of The Goods supplied by the Company are suitable for the purpose for which the purchaser intends and satisfies their requirements. All recommendations are therefore made without guarantee.
c. The company shall pass onto the purchaser the benefit of any guarantees or warranties provided by the manufacturers of the goods and any rights vested in the company under such guarantees or warranties are hereby assigned to the purchaser but without prejudice to the previous sub-clause.
No statement, description, warranty condition or recommendation contained in any catalogue, price list, advertisement, communication or made verbally by any agent of The Company shall be construed to enlarge, vary or override in any way any of these Terms & Conditions.
11. Additional Costs
The purchaser agrees to pay for any loss or extra cost incurred by The Company through the purchaser’s instructions or lack of instructions or through failure or delay in taking delivery through any acts or default on the part of the purchaser, its servants, agents or bodies put out to represent the purchaser.
12. Credit Checking. The Company reserves the right to liaise with credit reference and other agencies with regard to your status and submit information accordingly and in line with relevant legislation.
13. Force Majeure
The Company shall be entitled to delay or cancel the delivery or reduce the quantity of The Goods delivered if it is prevented from or hindered in or delayed in production, obtaining or delivering The Goods by normal routes or means of delivery through circumstances beyond its control including but not limited to strikes, lock outs, accidents, war, fire, reduction in or availability of power at The Company’s premises or breakdown of equipment or communication links or unavailability of resources.
14. Governing Law
This agreement shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising shall be determined by the courts of England and Wales.