This document sets out the basis upon which we provide goods to you when purchased via our website, over the telephone, or by prearranged purchase order. It constitutes the entirety of our contract with you.
Please note that some of this contract only applies when you are a business, trade or corporate customer and some of this contract only applies when you are a consumer customer.
All quotations are made up and all orders are accepted subject to the following conditions fo sale, Notwithstanding anything which may be stated or implied to the contrary in the customers order forms or correspondence;
The company reserves the right to accept or refuse orders and also to cancel or suspend delivery under any completed order.
VALIDITY OF QUOTATIONS
Unless previously withdrawn, all quotations are open for a acceptance period of 30 days only from the date thereof and are subject to confirmation at the time of such acceptance.
ACCEPTANCE OF QUOTATIONS
The acceptance of the companies quotations must be accompanied by sufficient information to enable the company to proceed with the order forthwith.
Unless otherwise specified, the companies quotation includes delivery by any method of transport at the companies option within the usual free delivery area as if delivered via rail. Subject to the standard terms and conditions of carriage.
Any time quoted for despatch, is to date from receipt by the company, of a written order to proceed, and of all necessary information and drawings to enable it to put the work in hand. The company will use its best endeavours to despatch on the date given but will accept no liability for failure to do so.
If after the due delivery date the company does not receive forwarding instructions within 10 days after the date of notification that the goods are ready for despatch, the customer shall take delivery or arrange for storage. The company if its storage facilities permit any, however, store the foods making a charge until they are despatched and the goods when put into storage shall be paid for as if they had been despatched.
DAMAGE IN TRANSIT
When the price quoted by the company includes delivery, the company will repair or replace free of charge goods damaged in transit provided that the consignor, the company and the carriers receive the requisite written of such damage within the time specified by the carrier. Unless such notification is received by the consignor, the company and the carriers within that period the consignor and the carrier shall be under no liability for damage in transit. The customer is advised in his own interest to inspect the goods immediaetly on arrival.
In the case of non delivery, notice in writing must be given to the consignor, the company and the carriers within the time specified by the carriers. In the case of shortage of delivery, claims will be considered only if the consignor, the company and the carriers receive the requisite written notification of such shortage within the time specified by the carriers. The packing and contents should be retained for inspection by the carriers.
All prices included in the companies quotations are provisional and are subject to alterations upwards or downwards without notice according to the companys price or prices ruling at the date of despatch from the factory.
TERMS OF PAYMENT
ayment is to be made upon delivery (see terms of payment). Payment terms are strictly 30 days from date of invoice. Failure to abide by these terms will incur credit charges dependant on the value of the total claim. All interest charges are to be bourne by the account holder and will be upheld in any credit agency claim.
RESALE Equipment which is ordered by the purchaser shall not be re-sold by him to any company, firm or person at any net price which is at variance with the companies current re sale policy.
All descriptive specifications, drawings and particulars of weights and dimensions submitted with the companys quotations are approximate only, and the descriptions and illustrations contained in the companies catalogue price lists and other advertising matter are intended merely to present a general idea of the goods described therin and none of these shall be part of the contract. The company reserves the right to modify without notice the designs and specifications for, and the materials used in its products.
When packing cases are charged fo,r credit will be given in respect of thereof if the same are returned in good condition, carraige will be paid within 60 days of receipt by the purchaser.
In the event of any claim being made or action being brought against the customer in respect of infringement of patents by the manufacture or sale by the company of goods supplied to the customer hereunder, the customer shall make no admission in respect, thereof, but shall notify the company immediately, and the company shall be at liberty with the customers assistance if required, but at the companys expense, to conduct all negotiations for the settlement of the same or any litigation that may arise therefrom, subject to such notification and provided that no such goods, or any part thereof, shall be used for any purpose other than that for which they are supplied to the customer, the company will indemnify the customer in respect of any such claims.
In respect of new equipment the warramty as set out in the manufacturers appropraite warranty certificate shall operate in place of all other warranties, conditions, or liabilities expressed or implied by the law all of which are hereby expressly excluded.
Performance figures, if given, are such as may be expected to be attained on test upon completion of installation and are subject to the usual tolerances. Reasonable time and opportunity are to be given to comply with such performance figures and no liability will be accepted in respect of failure of attainment on test unless they have been specifically guaranteed under an agreed sum by way of liquidated damages.
The company shall not in any way be liable or responsible for consequential loss, damage, claims or liabilities of any kind what so ever and how so ever arising.
The purchaser shall ensure that a clear and suitable site is available and ready for the installation of equipment, and that the site is readily accessible to normal transport. Except where otherwise specified, the company does not supply labour or material for any builders works, foundation, structural alterations, plumbing or electrcial works. In the case of built in cold rooms, the purchaser shall suitably prepare the structure to be in a fit condition for the direct application of insulation.
The contact shall in all respects be constructed and operate as in English contract and in conformity with the English law. When erection or installation is included in the contract the following conditions shall also apply.
TERMS OF PAYMENT
Where the price for erection and installation is quoted as a separate item, payment for the goods delivered shall be due as in Payment terms above. Payment for erection and installation shall be made upon completion. Elsewhere erection and installation is included in the total price of the goods, payment shall be made upon completion, or when the goods are first put into use by the purchaser whichever is the earliest.
Should the company be prevented by the purchaser from erecting or installing goods for a period of 30 days after delivery to site, the full price of the goods, inclusive or erection and installation shall immediately become due and payable.
Equipment shall be entirely at the purchasers risk as from the date of delivery to the address stated in the delivery instructions. When the company shall install equipment in a refrigerator which is the property of the purchaser the installation will be made in a workman like manner and the company shall not be responsible for any damage to the refigerator or to property occasioned by the work of the installation.
If at any time any question, dispute or difference whatsoever shall arise between the company and the customer upon or in relation to or in connection with the contract, the same shall be referred to arbitration of a person to be mutually agreed upon or, failing agreement within 14 days after the notice in writing by the one party to the other party of the existance of such dispute or difference.
Where equipment is sold on the basis of service being given to the user without extra charge during a stated period from the date of the original installation, the company will provide without any extra charge during that period one check up and inspection of the equipment and such service as shall in the opinion of the company be necessary.
1. In this contract:
a. “goods” means any items that by virtue of this contract we will supply to you,.
b. “business customer” means any person, persons or body corporate with whom we contract under this contract who, when making a contract with us, does not intend to use the goods for personal and family use only OR any legal non-natural person irrespective of their intended use of the goods.
c. “consumer customer” means any person with whom we contract under this contract who does not fall into the category of business customer as defined herein.
d. “we” and “us” means; ACR London Ltd, 134-134a Park View Road, Welling, kent DA16 1SJ references to “our” shall be construed accordingly.
e. “you” means any person with whom we contract under this contract; references to “you” shall be construed accordingly.
f. “specification” means the ability of goods to operate with other equipment, including the ability of the goods to operate with a particular operating system, operate at a particular speed, comply with a particular published standard and / or interact with particular peripherals.
g. “goods of an equivalent specification” means goods that, in relation to other goods, have the capability to perform with reasonable equivalence with reference to the definition of specification above.
h. “VAT” means the prevailing rate of Value Added Tax at the time that you become liable to make payment to us.
2. SALE AND DELIVERY.
1. we agree to sell and you agree to buy the goods that you have ordered at the price we agreed to sell the goods to you when you ordered. You also agree to pay us the VAT in respect of those goods. If you are a consumer customer, the price we agreed to sell the goods to you will include VAT.
2. The sale of the goods is subject to the terms of this contract, in particular the rights conferred by this contract of each party to cancel the contract and the sale.
3. THE RIGHTS OF THE PARTIES.
1. If you are a consumer customer, then this contract is in addition to your statutory rights.
2. If you are a business customer, then this contract represents the totality of our respective contractual obligations to each other.
3. If it appears to us that,
a. you are or will become insolvent, or,
b. that your dealings with us are contrary to the theft acts, then we have the right to withhold delivery, or, of stoppage in transit, or, of supplier”s lien, dependent upon the circumstances, on the goods, If you are not in possession of them.
4. If we do not receive payment from you, and you do not have a credit facility with us, or your credit facility is not available (e.g. it has been exhausted), we have the right to withhold delivery, or, of stoppage in transit, or, of supplier”s lien, dependent upon the circumstances, on the goods.
5. you do not have the right of set off against any other sums we may owe you under any circumstances; in particular if you are in dispute with us regarding one matter you may not withhold payment for goods provided that are unconnected with that matter.
6. English Law applies to this contract.
7. The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all the goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
4. IF YOU WISH TO EXERCISE ANY RIGHT TO CANCEL THIS CONTRACT, YOU MUST NOTIFY US OF BY WRITING TO US AT OUR ADDRESS.
5. UPON RECEIPT OF A VALID NOTICE CANCELLING THIS CONTRACT, WE WILL SEND TO YOU WITHIN 21 DAYS A NOTICE CONFIRMING CANCELLATION OF THE CONTRACT.
6. AFTER SALES SERVICE.
1. All of the goods are sold with a manufactures warranty.
2. Under the terms of our warranty, if any of the goods are defective within the warranty period, we will, subject to the other terms of this contract,
a. repair the defective goods, or,
b. replace the defective goods with other equivalent goods, or,
c. issue a refund in respect of them.
3. If you return non-defective goods to us, under this warranty, we may, at our discretion, require you to pay our reasonable testing costs and the costs of returning the goods to you.
4. If you return goods to us, under this warranty, and those goods are defective as a result of,
b. the negligence of your agents or employees, or,
c. occurrences that you were insured in respect of, or,
d. occurrences that you could reasonably expected to have been insured in respect of,
we will not be liable under this contract and we may, at our discretion, require you to pay our reasonable testing costs and the costs of returning the goods to you.8. In paragraphs 6(7)(c) and (d) above, references to insurance are deemed not to refer to insurance in the nature of a breakdown or failure warranty for the goods.
9. This warranty is in addition to and does not affect, your statutory rights.
We hereby agree to the above.