Terms & Conditions Of Sale
These terms and conditions form an integral part of every contract or agreement for the sale and/or supply of any goods and/or services (“the products”) by AD HANDLING LIMITED (ADH). Unless specific alteration or deletions are expressly agreed in writing on behalf of ADH, these conditions shall apply in the entirety to all quotations made and all orders accepted on behalf of ADH. Except as provided above, no servant, agent or employee of ADH has any authority to vary these terms and conditions or to accept other terms and conditions proposed by a customer which are inconsistent with these terms and conditions unless confirmed in writing
Unless otherwise agreed accounts are due and become payable not later than 7 days from delivery of ADH’s invoice. Where no account facilities are held “the products” are supplied on payment by cash, cheque, credit card or debit card.
(i) Unless otherwise specifically stated the purchase price is deemed to exclude Value Added Tax and this will be added where applicable. All prices quoted are liable to VAT standard rate at the date of purchase.
(ii) Interest of 8% above Barclays Bank base rate may be charged on all overdue monies and charged monthly. Overdue accounts may be passed to a third party collections service for collection and will attract a £35.00 surcharge.
(iii) ADH reserves the right to suspend or terminate supply and credit facilities if payment by any customer is in default.
(i) ADH will endeavour to comply with any delivery date quoted but delivery dates are given and intended as an estimate only and should there be any circumstances whatsoever which delay or prevent delivery, ADH will not be bound to supply or make delivery or any goods ordered nor shall be liable for any damage or consequently loss or in any other way for failure to supply or delay in delivery when so prevented or delayed.
(ii) All delivery costs will be charged extra unless otherwise agreed.
(iii) All goods must be inspected immediately on arrival before signature for any consignment. Any consignment signed for is deemed to have been delivered in perfect condition unless otherwise documented at the time of delivery. Under no circumstances shall ADH be liable for damage to or from any consignment unless ADH is notified in writing within three working days from receipt of any goods or in the case of non-delivery unless notice is given within seven days from the due date of arrival.
2. RETURNED GOODS
(i) ADH will not accept the return of goods for any reason unless prior agreement has been received from ADH. Collection of goods will be made only with valid collection logistics.
(ii) Goods returned that are not required after ordering will incur a handling and restocking charge of 15% of the net value of those goods. Any collection costs will also be charged.
(iii) Goods returned for exchange for a different size, style or model with incur a handling and restocking charge of 10%. Any collection costs will be charged.
3. RISK AND TITLE
(i) It is a condition of the contract that the property in all the products delivered by ADH to the customer shall remain vested in ADH until ADH has been paid in full with cleared funds in payment for the products delivered and all products agreed to be sold by ADH to the customer for which payment is then due.
(ii) Until payment due under all contracts between the customer and ADH has been made in full the customer shall hold the products upon trust for ADH.
(iii) Until such time as the property in the products passes to the customer, the customer shall hold the products as the company’s fiduciary agent and bailee and shall keep the products separate from those of the customer and third parties and properly stored, protected and insured and identified as property belonging to ADH.
(iv) Notwithstanding that the property in all products to be delivered to the customer by ADH shall remain vested in ADH until ADH has received payment in full, the risk of damage to or loss of all or any such products shall pass to the customer forthwith upon delivery or deemed delivery thereof to the customer and as from such site of delivery or deemed delivery the customer shall be liable to pay ADH the contract price for such products whether or not the same are damaged or lost prior to the date that the property therein shall pass to the customer.
4. WARRANTY AND LIMITATION OF LIABILITY
(i) Save as is specifically set out herein ADH shall have no liability whatsoever (however arising) in relation to any loss suffered.
(ii) If loss, damage or deterioration (other than death or personal injury) is caused by ADH’s negligence, ADH’s liability shall be limited to the invoice value of the goods.
(iii) The employees of ADH are not authorised to make oral representations as to the quality of fitness for any particular purpose of any products. If a representation is made or an opinion expressed orally which materially affects the customer’s decision to place an order for any products the customer shall ensure that such details are confirmed in writing by a duly authorised officer or employee of ADH so as to form a part of the contract; no liability can otherwise be accepted.
(iv) ADH shall not be liable to the customer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform, any of ADH’s obligations in relation to the products, if the delay or failure was due to any cause beyond ADH’s reasonable control.
The rights of ADH shall not be prejudiced or restricted by any indulgence or forbearance extended by ADH to the customer and no waiver by ADH in respect of any breach shall operate as a waiver in respect of any subsequent breach.
These conditions shall be governed by, and construed in all respect in accordance with English Law.
Prices may have to be increased to meet world commodity costs at any time.