In these Conditions the following definitions shall apply unless the context otherwise requires: “Buyer” means the company or person to whom this quotation or acknowledgement of order is addressed, “Seller” means AV&VS Ltd , “Goods” means the goods, materials, services or work (as the circumstances shall dictate) described on the face hereof. Email communication is an acceptable form of documentation where “In writing” is specified.
FORMATION OF CONTRACT
Unless otherwise agreed in writing, no orders from the Buyer will be binding on the Seller unless both received and acknowledged by the Seller in writing. The time of formation of the Contract shall therefore be when this order acknowledgement is issued in writing by the Seller to the Buyer. Verbal orders are accepted on this basis and it is the responsibility of the Buyer to review, upon receipt, the order acknowledgement with regards to product, delivery, terms and pricing and highlight any discrepancies immediately.
APPLICABILITY OF CONDITIONS
Orders are accepted subject to the following conditions only. If any provision contained in the Buyer's enquiry or order shall be inconsistent with the Seller’s terms and conditions, the latter shall prevail unless such provision has been specifically adopted by the Seller in writing with a document signed by a director. The mere signing by or on behalf of the Seller of any printed form supplied by the Buyer shall not constitute the specific adoption of any such provision contained therein.
The Buyer shall keep confidential and not disclose to any third party any designs, drawings or information (whether of a commercial or technical nature) acquired from the Seller pursuant to any tender or quotation or under the contract without the Seller's consent in writing.
All prices quoted in the Seller's literature and lists are subject to alteration or withdrawal without notice. Orders are executed at prices ruling at the date of despatch of the goods. All prices are exclusive of VAT (Value Added Tax) and will be applied (where legally appropriate) at the current rate at time of purchase.
MINIMUM ORDER VALUE
The Seller has a nett minimum order value of £30.00. A surcharge will be applied if this is not met and shown on as a separate line entry on the invoice.
PACKING AND CARRIAGE
Carriage is charged accordingly and, where applicable, the cost of packing cases, containers and similar items may be passed on, all of which are subject to the Seller’s Terms and Conditions.
The Company must be advised in writing by recorded delivery of any defects in the Goods as soon as they are discovered by the Buyer who shall be deemed to have accepted the Goods if they have not been rejected on or before 30 days after delivery. The Buyer shall not be entitled to reject the Goods in whole or in part thereafter.
All prices are strictly nett cash and, where monthly account applies, payment must be made not later than the end of the calendar month following that in which goods are despatched or the services completed. The Seller shall be entitled to charge an additional payment of reasonable liquidated damages and interest at a rate eight percent above Bank of England Minimum Base Rate for any sums not paid within the specified terms. On occasions that incorrect monies from customers have been received and a refund is requested, a nominal charge of between £20-35 (depending on value of the settlement and currency) will be applied to cover bank charges and admin costs. The goods remain the sole property of the Seller until such time they are paid for in full. If payment is not received within the agreed terms the Seller may take legal action to recover the monies owed. If the Seller uses a debt collecting agency, their fees may be passed on at no more than 15% of total debt. It is the responsibility of the Buyer to fully insure these goods to the benefit of the Seller until legal transfer of ownership is complete upon payment. Any cancellation of any order by the Buyer must be in writing and agreed as cancelled, also in writing, by the Seller. In case of any cancellation, the Buyer may be released from its obligations under the contract after payment of a sum for reasonable liquidated damages. If the Buyer is also the consumer, Consumer Contracts Regulations and the Consumer Rights Act 2015 apply.
Payments are accepted via bank transfer, cheque, credit card and, in some instances, cash. Under the current Money Laundering Regulations, we are unable to accept £15,000 cash or more for a single transaction. Non-UK customers are able to use a credit card for payment of pro forma invoices or if credit account applies, and where the Buyer is within their payment terms. Foreign currency credit card payments will not be accepted for late payment without incurring a 3.5% fee. Where payment is made from foreign bank accounts AV&VS Ltd may incur a charge. If the Seller receives multiple bank charges due to inefficient customer payment processing, the Seller reserves the right to pass these charges on to the Buyer. Overpayments equivalent to under £50 will be kept on the Buyer’s account and will appear on monthly statements where the account is active and in a negative position. These will be written off after one year if they have not been used.
SET OFF AND COUNTERCLAIM
The Buyer may not withhold payment of any invoice or other amount due to the Company by reason of any right of set-off or counterclaim which the Buyer may have or allege to have or for any reason whatsoever.
All specifications, drawings and particular weights and dimensions submitted by the Seller are approximate only, and the descriptions and illustrations contained in literature and other advertising matter are intended only to present a general description of the goods described therein, none of which shall form part of the contract.
MATERIALS AND TESTS
The Seller undertakes to endeavour to supply in accordance with specified measurements but slight deviations therefrom shall be disregarded. If the Buyer shall require any tests to be carried out on the goods (other than those specified in the Contract), such tests shall be paid for by the Buyer in addition to the contract price. Test should be agreed in writing prior to or at placement of order.
FIT FOR PURPOSE
The Buyer assumes responsibility that goods stipulated by him are sufficient and suitable for his purpose unless any stipulations are in accordance with the Seller's written advice.