On these conditions, “the Company” means AMTEC Welding Supplies Ltd, P.O. Box 3758, CHESTER, Cheshire. CH1 9XF. Registered in England No. 9489724
Orders
1. Orders for Goods shall be submitted by telephone, fax or e-mail directed to the Company. Acceptance of Orders by the Company shall be affected by way of physical delivery of the Goods to the Customer accompanied by an Advice note. Variation/Cancellation
2. Orders accepted by the Company may be amended or cancelled only with the Company’s written agreement. The Company shall be under no obligation to accept cancellation but, if it does so, reserves the right to charge the Customer any direct and administrative costs which it incurs. Payment
3. Payment for Goods shall be made as follows:
3.1. in respect of Customers without a credit account in cash or by cheque at the time of purchase.
3.2. where the Customer has been granted a credit account, within a nett monthly credit period and up to the approved limit, the Company will be under no obligation to make any further delivery of Goods when payment is overdue or the Customer exceeds its/their credit limit. Interest on late payment
4. The Company shall be entitled to charge and be paid interest at a rate equal to 2% over the base lending rate of Lloyds Bank PLC on money overdue for payment, such interest to accrue daily. Delivery
5. The Company reserves the right to charge for carriage of Goods to the Customer or to charge where specifically mentioned in a quotation.
When the Company delivers Goods to the Customer it is the Customer’s responsibility to ensure that:
5.1. it has available the installation equipment and facilities required to enable the Goods to be delivered
5.2. its nominated premises for delivery have adequate means of access for the Company’s delivery vehicle
5.3. the Customer will enable delivery to be affected in normal working hours (unless otherwise agreed in writing by the Company) and that the Goods may be off loaded from the Company’s vehicle within 30 minutes after arrival
5.4. a suitably qualified person will be available to accept delivery and to confirm delivery by signature of the Company’s Advice note (which shall constitute evidence of due delivery.) Time
6. Where a specific time or date is set out in a quotation or order, the Company will use its reasonable endeavours to make delivery as so specified but time for delivery shall not be of the essence of the contract and the Company shall be under no liability to the Customer in the event of any delay in delivery. Force Majeure
7.1 Neither party shall be responsible for any delay or failure in performing its obligations under any contract, except for the obligation to pay money due, to the extent that such delay or failure is caused by an event or condition beyond reasonable control of such party (a “Force Majeure Event”) including but not limited to, strike, lockout, work stoppage or other labour commotion, epidemics, fire, embargo, acts of war, action of terrorists, sabotage, governmental restriction or prohibition of exports or imports.
7.2. The party prevented or delayed from performing any of its obligations under the contract due to a Force Majeure Event shall be entitled to extend the time of its performance, provided that such party without undue delay gives the other party written notice describing the particulars of the Force Majeure Event and the obligations which are thereby delayed or prevented. When the non-performing party is able to resume performance of its obligations under the contract, it shall give the party written notice to that effect. Property in Goods
8.1. Title to Goods sold by the Company to the Customer shall remain vested in the Company until full payment of the price by the Customer. Pending such payment the Customer shall be at liberty to utilise the Goods in the normal course of its business but not further or otherwise.
8.2. For the purpose of ascertaining whether the Customer has made payment for Goods supplied by the Company any payment made by the Customer to the Company shall be deemed to relate firstly to Goods which are no longer in the Customers possession (whether or not such payment has been tendered or allocated by the Company or Customer to Goods remaining in the Customer’s possession)
8.3. If the Customer (being an individual) shall be made bankrupt or propose an arrangement with his creditors or (being a body corporate) shall be subject to an insolvency event (as defined below) then the Company shall be entitled to recover possession of any Goods in which title remains vested in the Company and the Customer grants to the Company a general licence to enter onto any premises on which such Goods are situated to enable it so to recover possession
8.4. For the purposes of this condition the expression “insolvency event” shall mean:
8.4.1.the presentation of a Petition of the winding up of the Customer, or
8.4.2. the passing of a winding up resolution by the Customer, or
8.4.3. an application for an Administration Order in relation to the Customer, or
8.4.4. the appointment of receiver or receiver and manager over the assets and undertaking of the Customer, or
8.4.5. the proposal by the Customer of a Corporate Voluntary Arrangement, or
8.4.6. the levy of distress or execution against the Goods
8.5 Where the Company recovers possession of Goods supplied to the Customer the Company will credit the Customer with the value of such Goods in their then condition less the direct and administrative costs incurred in recovery of possession. Risk in Goods
9. The Goods shall be at the risk of the Customer from delivery. Health and Safety
10. The Customer is responsible for ensuring that the ultimate user and all persons handling and using the Goods are thoroughly educated and trained in respect of the potential hazards associated with the Goods and for complying with all legal obligations in connection with them. Liability
11.1. The following conditions apply to define the liability of the Company arising out of any defect in Goods or Services supplied including the suitability of Goods or Services for the purpose for which the Customer requires them. The Company shall not be liable to the Customer in damages for any such defect on unfitness for purpose and all terms, conditions and warranties as to condition, quality or fitness of purpose are hereby excluded whether express or implied in fact or by law.
11.2 The Company does not manufacture Goods sold by it. The Company will at the request of the Customer assign to the Customer all or any rights the Company has against the manufacturer or supplier of the Goods to the Company providing that the Customer shall provide to the Company a suitable indemnity as to any costs associated with such assignment or the enforcement of any such rights. 11.3 The company does not carry out it’s own plant repairs. It uses the services of third party repairers & engineers & shall not be liable to the Customer in damages for any such repair defect but in the event of such a repair defect at the request of the Customer will assign any rights the Company has against the repairer or engineer providing that the Customer shall provide to the Company a suitable indemnity as to any costs associated with such assignment or the enforcement of any such rights. Short or incorrect delivery
12. The Company shall not be liable for loss or damage of Goods in transit unless the Customer notifies the Company in writing of such loss or damage within 2 working days Jurisdiction
13. These terms and conditions shall be construed in accordance with English Law and the courts of England and Wales shall have sole jurisdiction to determine any matter in dispute between the parties.
GDPR
14.1 The company holds business contact & project information for all businesses who have invited us to quote for, or supply goods & services to them. This is kept on file as businesses expect us to retain prior knowledge of previous communications, and for ongoing maintenance and administrative support of customers. We do not hold any of your personal data, only data relating to your business (email address, name and your business details). These are the details provided by your business and are necessary to enable the company to fulfil it’s obligations to you. The company takes your privacy seriously and will only use this data in ongoing correspondence with you, and to provide details or information that you have expressly requested. All electronic data is stored securely, and is protected using up-to-date security software which contain firewalls. The company will only disclose your data to a third party if necessary to complete a business transaction involving yourselves. e.g. we use carriers, third party welding engineers & occasionally, goods including some capital items, may be despatched directly from the manufacturers or wholesalers to yourselves. The company will never sell or transfer it’s email database.
14.2 If this is acceptable and you wish to continue receiving business correspondence and occasional emails from the company then you do not need to do anything. Should you wish us to delete any information the company holds about your business, please email us using accounts@amtecweld.com