Coastal Aerial Supplies T/A
ukpublicaddress.com
Terms & Conditions of
Sale
All
orders are accepted subject to our Standard Conditions of Sale
reproduced below, which apply to and govern all contracts,
quotations, sales, supplies and deliveries of goods,
materials, services, and other products (hereinafter called
Products), by ukpublicaddress.com (hereinafter called
UKPA) or its representatives to any individual Firm, Company
or other person (hereinafter called the Buyer), to the
exclusion of all and any standard terms of the Buyer and of
all or any other conditions, warranties or terms otherwise
implied or expressed.
The
giving of an order by the Buyer to UKPA for any product shall
constitute an unqualified acceptance by the Buyer that if UKPA
accepts the order, the sale, supply or delivery of such
products by UKPA will be governed solely by these Conditions
of Sale. No variation of these Conditions of Sale and no oral
stipulations or representations shall be binding on UKPA,
unless expressly agreed to in writing and signed by a Senior
Manager of UKPA on its behalf.
PRICES
Except
as otherwise expressly stated and contracted, UKPA reserves
the right to vary prices at any time. Stated prices
are inclusive of all Value Added Tax or Duties.
The
price does not include the costs of freight carriage, packing
or insurance which unless otherwise expressly agreed to in
writing, will be additionally charged to the Buyer. Where
delivery costs are quoted during the PayPal checkout
procedure, these are for UK mainland addresses only, and
exclude all international destinations, Scottish
Highlands and Islands, Northern Ireland, and the Isles of
Wight & Man. Delivery to these destinations is available
at extra costs, please contact us
for current prices.
DELIVERY
UKPA
shall make all reasonable efforts to meet quoted delivery
dates. Time shall not be of the essence and we shall not be
liable for late or incorrect delivery, howsoever caused. We
reserve the right to delivery by installments. The Buyer shall
inspect all goods on delivery.
UKPA
reserves the right to refuse claims for non-delivery, damaged
goods or shortages, if the Buyer fails to take the following
actions:
i)
Buyer shall endorse Carrier’s note appropriately.
ii)
Buyer shall advise UKPA immediately by telephone or facsimile
to the branch of issue.
iii)
Buyer shall send full particulars of claim to UKPA in writing
within three days after delivery.
In
case of non-delivery of whole consignment, the Buyer shall
advise the UKPA within 14 days after date of invoice.
The
Buyer shall be bound to pay for all goods, notwithstanding any
alleged non-delivery or shortage of goods if the foregoing
conditions have not been complied with.
FORCE MAJEURE
UKPA
shall not be liable for any loss or damage caused by delay in
its performance or non-performance of any of its obligations
hereunder, where the same is occasioned by any cause
whatsoever that is beyond the UKPA’s control. Should any such
event occur UKPA may cancel or suspend any contract without
incurring any liability for any loss or damage occasioned.
TITLE AND RISK
a) The
risk in the goods passes to the Buyer upon delivery but title
in goods remains vested in the Company and shall only pass
from the UKPA to the Buyer upon full payment of the agreed
price being made by the Buyer together with the full price of
any other goods the subject of any other contract with UKPA.
b) The
Buyer agrees that prior to cleared payment of the whole
price of the goods, UKPA may at any time enter upon the
Buyer’s premises and remove the goods therefrom and that prior
to such cleared payment the Buyer shall keep such goods
separate and identifiable for this purpose.
c) If
any of the material is incorporated in or used as material for
other goods before such cleared payment, the property in the
whole of such goods shall be and remain with the seller until
such cleared payment has been made or other goods shall have
been sold as aforesaid, and all the seller’s rights hereunder
in the material shall extend to those other goods.
d) The
Buyer will provide upon the request of UKPA or its nominated
agents, details of any sites or locations where any goods
being the property of UKPA under Clause (a) of these
conditions are from time to time kept and further more the
Buyer will co-operate fully by assisting UKPA in the recovery
of the said goods.
e) The
intending Buyer acknowledges that until such time as cleared
payment is made, it is in possession of the goods solely as
bailee for UKPA and shall store the goods separately from its
own goods and in such a fashion as to be readily identifiable
by the UKPA’s representatives.
f) In
no circumstances shall any goods be returned to UKPA without
prior written consent.
g) The
Buyer shall be at liberty to sell or use the product in the
ordinary course of business, but UKPA may revoke this power by
notice to Buyer if the Buyer defaults in payment of the whole
or part of the purchase price of the products.
h) The
Buyer’s power of sale or use automatically ceases and full
title of all unpaid for products reverts to the seller if a
receiver is appointed over any of the assets or the
undertaking of the Buyer or if a Winding up Order is made
against the Buyer or the Buyer goes into liquidation or calls
a meeting or makes any arrangements or composition with
creditors or commits any act or bankruptcy or allows execution
to be levied against it or its goods.
WARRANTY
UKPA
warrants that the goods shall at the time of delivery
correspond to the published specifications when used for the
purpose for which Goods of that type are normally used.
Although UKPA uses every effort to ensure that all products
are manufactured or supplied to specification, it is in all
cases including repeat orders, for the Buyer to ensure by
adequate tests or otherwise that the goods are fit and
suitable for the purpose for which the Buyer requires them and
in the specific conditions in which they will be used or
applied and to be within such reasonable tolerance and
variations as are generally acceptable within the
industry.
If any
of the products are proved to be defective, UKPA’s entire
liability hereunder shall be strictly limited
to:
a)
replacement at the sellers expense of any products which are
proved to the seller’s satisfaction to be defective or
b)
bringing the products into conformity with the published
specifications of UKPA or
c)
take back the products found not to conform to the warranty
and refund the total of the purchase price.
The
liability of UKPA under the foregoing is conditional upon:
a) The
Buyer conforming with the Delivery Conditions
b) The
Buyer shall advise UKPA immediately by telephone the issuing
branch of the alleged defect
c) The
Buyer giving written notice or by facsimile to the issuing
branch within 7 days of the alleged defect and in any event
within 10 days of receipt of Products
d) The
Buyer affording UKPA reasonable opportunity to inspect the
products, application and site conditions
e) The
Buyer making no further use of the products that are alleged
to be defective after the time at which the Buyer discovered
or ought to have discovered the alleged defect
While
UKPA will use its best endeavors to give instructions,
recommendations and advice to a Buyer in respect of storage,
application and use of the products, it shall be understood
that it shall be the responsibility of the Buyer to satisfy
himself that the intended application of the products is
suitable in each particular application and
use.
Save
as stated above all Conditions and Warranties expressed or
implied whether by Statute, Common Law or otherwise as to the
Conditions or fitness for any purpose of the products are
hereby excluded and UKPA shall be under no liability for and
direct or subsequential loss or damage howsoever arising,
which may be suffered by the Buyer by reason of any defect in
or failure to perform on the part of the
product.
The
liability of UKPA under this Contract shall be limited to any
defects which appear in the course of normal usage and
application, during the period of 12 months from the date of
delivery to the Buyer.
PATENTS AND TRADE MARKS
No
representation, Warranty or indemnity is given by UKPA that
the goods do not infringe any Letter, Patent, Trade Marks,
Registered Designs or other industrial rights.
GOVERNING LAW
This
Agreement will be governed by and construed in accordance with
English Law. The Buyer irrevocably submits in respect of all
matters and disputes arising out of this Agreement to the
exclusive jurisdiction of the English Courts.
ASSIGNMENT
This
Contract is personal to the Buyer and may only be assigned
with the written consent of UKPA.
PAYMENT
Unless
UKPA otherwise agrees, payment is due in full before
shipment of goods.
Payment should be made to Coastal Aerial
Supplies in sterling.
If the
Buyer fails to make payment in full in accordance with the
terms set out herein, UKPA reserves the right to cancel or
suspend any further delivery or supply of products and to make
an additional charge of interest on the moneys outstanding, at
the rate of 2% per month from the date of invoice. If at any
time the credit standing of the Buyer has in the opinion of
the Seller been impaired, UKPA may refuse delivery of products
required.
CANCELLATION OF ORDERS
Orders
for Products may not be canceled or suspended without the
UKPA’s prior written consent. Any cancellation or suspension
of an order which UKPA does agree to, shall be on the
condition that the Buyer shall indemnify UKPA against any loss
incurred wholly or in part by the cancellation or suspension.
RETURN OF GOODS
No
goods are supplied on a sale or return basis. There shall be
no liability on UKPA to accept returned goods.
CONFIRMATION OF ORDERS
In
order to avoid orders being duplicated, all orders that are
confirmation of orders previously placed should clearly
indicate the fact.
Where
the Buyer orders non-standard products which are specifically
manufactured or produced to his unique requirements, the Buyer
shall accept the supply or a quantity whether more or less
within 10% of the stipulated amounts. In such circumstances
the Invoice value of the goods shall be subject to a
corresponding adjustment.
EXPORT
Without prejudice to these Conditions of Sale, products
for export shall be the Buyers risk from the time of
collection by the Freight Carrier from the Company’s premises.
All prices quoted for export are exclusive of all Taxes,
Duties, Insurance, Packing and Freight, unless otherwise
expressly quoted for in writing, and any other costs incurred
by UKPA but not included in the price of the
products.
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