Terms & Conditions of Business
Definitions
- The Supplier means 'AC Solartechnic Limited'. References to the Supplier are to 'we', 'our' and 'us'.
- The Customer means the person or organisation that agrees to buy goods or services from the Supplier. References to the Customer are to 'you'.
- Conditions means the terms and conditions of business set out in this document and any special conditions contained in the Supplier's written quotation.
- Goods shall mean any goods or fabricated materials provided by the Supplier.
- Services shall mean any services provided by the Supplier or supplementary to the supply of goods.
Conditions
- These Conditions shall apply to all contracts for the sale of goods or services by the Supplier to the Customer to the exclusion of all other terms and conditions including any which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
- No variation or addition to these Conditions shall be effective unless agreed in writing by the Supplier.
- We reserve the right to make changes to these Conditions from time to time and these will become effective upon written notification to you.
Prices
- The price for goods or services shall be the price contained in the Supplier's written quotation.
- The Supplier reserves the right to revise prices prior to delivery of goods to reflect any direct or indirect increase in costs to the Supplier but if the price has been paid in full prior to delivery no price revision may take place without the prior written agreement of the Customer.
Payment
- Payment for goods is due as detailed in the Supplier's quotation and may be made by cheque or by bank transfer.
- All invoices shall be paid in full not more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Supplier at its option to treat the contract as repudiated by the Customer or to delay delivery or further work until paid (in addition to any other remedy).
- If any action or proceedings shall be commenced in which the Customer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
- We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge Interest on overdue invoices which shall accrue from the date when payment becomes due from day to day until the date of payment at 2% above bank base rate per calendar month both before and after judgement.
Adequacy of instructions
- We will provide goods and services only on the basis that your instructions give us all proper, necessary and timely specifications, authority and information (including all documents and drawings required) to enable us to undertake lawfully and effectively the work instructed, and that those instructions us indemnify us accordingly.
Warranty and Liability
- We warrant that the goods will at the time of delivery correspond to the specification given by the Supplier.
- Except in respect of claims for death or personal injury resulting from negligence or as otherwise prohibited by law, our liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Goods or Services shall be limited to the charges paid by you in respect of the Goods or Services that are the subject of any such claim.
- In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
- The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgments finally awarded against Osborne Business Enterprises Ltd arising from such claims and shall provide Osborne Business Enterprises Ltd with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims at the Customer's sole expense.
Use of third party contractors
- We may ask another contractor to carry out some or all of any work that you instruct us to carry out for you. We will take all reasonable care in selecting and instructing a suitable contractor and be responsible for ensuring their work is of the required standard and they are paid for such work. However, we will accept no liability for any services provided to you by that Third Party Contractor which you may additionally instruct the contractor to carry out which are not within the original contract or specification agreed between us.
Delivery and Provision of Goods & Services
- The Goods and Services are as described in the Quotation and/or Order Form.
- Delivery of goods shall be made to Customer's address and the Customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
- Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out at any failure to meet any estimated delivery date.
- Failure by the Customer to pay for any instalment or delivery when due shall entitle the Supplier to withhold further deliveries and the Customer shall be liable for any costs incurred by the Supplier relating to such goods which the Supplier is then entitled to withhold.
Termination
- We may terminate any agreement we have with you forthwith if you fail to pay any sums due to us as they fall due.
- We may terminate any agreement we may have with you upon written notice if you breach any of these Conditions and you fail to correct the breach within 30 days following written notice from us specifying the breach.
- We may terminate any agreement we may have with you if you are a company and go into insolvent liquidation, or if you are a person who is declared bankrupt.
Ownership and Risk
- The risk in goods shall pass to the Customer when a contract is made even though the goods are kept at the Supplier's premises at the Customer's request.
- Whilst the Supplier will take all reasonable care of materials or drawings supplied or loaned by the Customer in order to complete the contract, the Supplier does not accept responsibility for any failure by the Customer to maintain master copies or adequate backups of such material.
- The Supplier remains the owner of the goods affected by the contract until the Supplier has been paid in full for such goods.
- On delivery of goods or completion of work the Customer shall inspect the goods or work and shall notify the Supplier within seven days of delivery or completion if the goods or work do not comply with the contract. If the Customer fails to do this, the Customer will be deemed to have accepted the goods or work.
- If any payment due under these conditions is overdue in whole or in part, the Supplier may without prejudice to any of its other rights recover and/or re-sell the goods or any of them and may enter the Client's premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the Customer shall be liable for all the Supplier's costs of so doing.
Cancellation Returns
- No contract shall be cancelled without the prior written approval of the Supplier and on terms to be determined at the absolute discretion of the Supplier.
- Where goods are in accordance with the contract, they shall not be returned without the prior written approval of the Supplier and on terms to be determined at the absolute discretion of the Supplier.
- If you properly reject any of the goods that are not in accordance with the contract you shall nonetheless pay the full price for such goods unless you return such goods to us at your cost before the date when payment of the price is due. Goods that are in accordance with the contract and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.
Force Majeure
- The Supplier will not be under any liability whatsoever in the event that the Supplier is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the Supplier's control.
Expenses
- The Customer shall pay to the Supplier all costs and expenses (so that any legal fees shall be based on an indemnity basis) incurred by the Supplier in enforcing any of these Conditions, or exercising any of its other rights and remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Supplier.
Non-Waiver
- The allowance of time to pay or any other indulgence by the Supplier in respect of payments due to us shall in no manner affect or prejudice the Supplier's right to payment together with interest provided under these Conditions.
Dispute
- In the event of a dispute between the Supplier and the Customer, should the Supplier request in writing, the Customer agrees to submit the dispute to arbitration in accordance with the Arbitration Acts for the time being in force as a legally binding alternative to court action.
Notices
- Any notice given by the Supplier may be sent by either postal letter, e-mail, fax to an address that you have supplied and which we have reason to believe to be correct and valid at the time of sending.
Law
- These Conditions shall be construed in accordance with English law and will be subject to the exclusive jurisdiction of the English courts. Definitions
- The Supplier means 'AC Solartechnic Limited'. References to the Supplier are to 'we', 'our' and 'us'.
- The Customer means the person or organisation that agrees to buy goods or services from the Supplier. References to the Customer are to 'you'.
- Conditions means the terms and conditions of business set out in this document and any special conditions contained in the Supplier's written quotation.
- Goods shall mean any goods or fabricated materials provided by the Supplier.
- Services shall mean any services provided by the Supplier or supplementary to the supply of goods.
Conditions
- These Conditions shall apply to all contracts for the sale of goods or services by the Supplier to the Customer to the exclusion of all other terms and conditions including any which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
- No variation or addition to these Conditions shall be effective unless agreed in writing by the Supplier.
- We reserve the right to make changes to these Conditions from time to time and these will become effective upon written notification to you.
Prices
- The price for goods or services shall be the price contained in the Supplier's written quotation.
- The Supplier reserves the right to revise prices prior to delivery of goods to reflect any direct or indirect increase in costs to the Supplier but if the price has been paid in full prior to delivery no price revision may take place without the prior written agreement of the Customer.
Payment
- Payment for goods is due as detailed in the Supplier's quotation and may be made by cheque or by bank transfer.
- All invoices shall be paid in full not more than 7 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Supplier at its option to treat the contract as repudiated by the Customer or to delay delivery or further work until paid (in addition to any other remedy).
- If any action or proceedings shall be commenced in which the Customer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
- We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge Interest on overdue invoices which shall accrue from the date when payment becomes due from day to day until the date of payment at 2% above bank base rate per calendar month both before and after judgement.
Adequacy of instructions
- We will provide goods and services only on the basis that your instructions give us all proper, necessary and timely specifications, authority and information (including all documents and drawings required) to enable us to undertake lawfully and effectively the work instructed, and that those instructions us indemnify us accordingly.
Warranty and Liability
- We warrant that the goods will at the time of delivery correspond to the specification given by the Supplier.
- Except in respect of claims for death or personal injury resulting from negligence or as otherwise prohibited by law, our liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Goods or Services shall be limited to the charges paid by you in respect of the Goods or Services that are the subject of any such claim.
- In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
- The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgments finally awarded against Osborne Business Enterprises Ltd arising from such claims and shall provide Osborne Business Enterprises Ltd with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims at the Customer's sole expense.
Use of third party contractors
- We may ask another contractor to carry out some or all of any work that you instruct us to carry out for you. We will take all reasonable care in selecting and instructing a suitable contractor and be responsible for ensuring their work is of the required standard and they are paid for such work. However, we will accept no liability for any services provided to you by that Third Party Contractor which you may additionally instruct the contractor to carry out which are not within the original contract or specification agreed between us.
Delivery and Provision of Goods & Services
- The Goods and Services are as described in the Quotation and/or Order Form.
- Delivery of goods shall be made to Customer's address and the Customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
- Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out at any failure to meet any estimated delivery date.
- Failure by the Customer to pay for any instalment or delivery when due shall entitle the Supplier to withhold further deliveries and the Customer shall be liable for any costs incurred by the Supplier relating to such goods which the Supplier is then entitled to withhold.
Termination
- We may terminate any agreement we have with you forthwith if you fail to pay any sums due to us as they fall due.
- We may terminate any agreement we may have with you upon written notice if you breach any of these Conditions and you fail to correct the breach within 30 days following written notice from us specifying the breach.
- We may terminate any agreement we may have with you if you are a company and go into insolvent liquidation, or if you are a person who is declared bankrupt.
Ownership and Risk
- The risk in goods shall pass to the Customer when a contract is made even though the goods are kept at the Supplier's premises at the Customer's request.
- Whilst the Supplier will take all reasonable care of materials or drawings supplied or loaned by the Customer in order to complete the contract, the Supplier does not accept responsibility for any failure by the Customer to maintain master copies or adequate backups of such material.
- The Supplier remains the owner of the goods affected by the contract until the Supplier has been paid in full for such goods.
- On delivery of goods or completion of work the Customer shall inspect the goods or work and shall notify the Supplier within seven days of delivery or completion if the goods or work do not comply with the contract. If the Customer fails to do this, the Customer will be deemed to have accepted the goods or work.
- If any payment due under these conditions is overdue in whole or in part, the Supplier may without prejudice to any of its other rights recover and/or re-sell the goods or any of them and may enter the Client's premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the Customer shall be liable for all the Supplier's costs of so doing.
Cancellation Returns
- No contract shall be cancelled without the prior written approval of the Supplier and on terms to be determined at the absolute discretion of the Supplier.
- Where goods are in accordance with the contract, they shall not be returned without the prior written approval of the Supplier and on terms to be determined at the absolute discretion of the Supplier.
- If you properly reject any of the goods that are not in accordance with the contract you shall nonetheless pay the full price for such goods unless you return such goods to us at your cost before the date when payment of the price is due. Goods that are in accordance with the contract and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.
Force Majeure
- The Supplier will not be under any liability whatsoever in the event that the Supplier is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the Supplier's control.
Expenses
- The Customer shall pay to the Supplier all costs and expenses (so that any legal fees shall be based on an indemnity basis) incurred by the Supplier in enforcing any of these Conditions, or exercising any of its other rights and remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Supplier.
Non-Waiver
- The allowance of time to pay or any other indulgence by the Supplier in respect of payments due to us shall in no manner affect or prejudice the Supplier's right to payment together with interest provided under these Conditions.
Dispute
- In the event of a dispute between the Supplier and the Customer, should the Supplier request in writing, the Customer agrees to submit the dispute to arbitration in accordance with the Arbitration Acts for the time being in force as a legally binding alternative to court action.
Notices
- Any notice given by the Supplier may be sent by either postal letter, e-mail, fax to an address that you have supplied and which we have reason to believe to be correct and valid at the time of sending.
Law
- These Conditions shall be construed in accordance with English law and will be subject to the exclusive jurisdiction of the English court.
NEW: For worldwide deliveries please call +44 1243 649035
Telephone UK: 01243 649035 · Telephone WORLD: +44 1243 649035 · Email: info@acsolartechnic.com
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