TERMS & CONDITIONS
- In this contract “the Company” shall mean AKS-ARP Limited.
- All sales are made subject to the following terms and conditions. All conditions of the Customer or other terms, conditions or warranties whatsoever or any variation thereof are excluded from the contract unless expressly accepted by the Company in writing.
- All orders are accepted on the basis that delivery is made to the Customers store or premises unless agreed in writing by the Company.
- In this contract time is not of the essence. Any despatch dates quoted are given in good faith and are subject to the availability of raw materials. While every effort will be made by the Company to effect despatch in accordance with any pre-arranged dates, no guarantee as to the dates of despatch by the Company is to be implied and the Company will not accept any liability for any loss or damage occasioned by delay in despatch however caused.
- If goods are made to the Customers own specification, the Company reserves the right to supply 10% more or less than the exact quantity ordered. Any such excess or shortage will be charged for or deducted pro-rata.
- No claim for loss due to non delivery, delay or loss of goods or of damage to the same will be entertained by the Company unless the following conditions are observed:
(a) Non-delivery or delay must be reported to the Company in writing within 14 days of receipt of the Company’s invoice.
(b) Any shortage and/or damage in transit must be reported in writing to the Carrier and to the Company within three days of delivery. Where goods are accepted from the Carrier unchecked, delivery sheets must be signed “Not examined”
- If a claim is made under 4a or 4b, the limit of the Companies liability shall be the cost of the replacement of the items supplied and any claim for consequential loss and/or damage is herby excluded.
- Prices quoted within any price list are net. exclusive of VAT unless otherwise stated and may be liable to change without notification.
- All prices are subject to fluctuation in the event of any increase in the cost of labour due to local or national awards, or increases in the cost of materials or overheads. In the event of any increase in such costs during the production of an order placed by the Customer, the Company reserves the right to alter the prices quoted. In such a case the Company will provide the Customer with 14 days written notification of its intention.
- Shipping will be charged at cost unless otherwise advised.
RISK AND TITLE
- The risk in the goods shall pass to the Customer when the Company delivers the goods in accordance with the terms hereof to the Customer or his agent or other person to whom the Company has been authorised by the Customer to deliver the goods, and the Company shall have no responsibility in respect of the safety or condition of the goods thereafter and accordingly the Customer should insure the goods thereafter against such risks (if any) as he thinks appropriate. For the purpose of this clause “delivery” shall mean the arrival of the goods at the requested place of delivery where delivery is made by the Company, or the safe loading of goods into the Customers vehicles at the Company’s premises where delivery is made by collection by the Customer.
- Title to the goods shall remain with the Company, which reserves the right to dispose of the goods until payment in full for all the goods under this Contract and all other prior contracts between the Company and the Customer has been received by it in accordance with the terms of this Contract or until such time as the Company sells the goods to its customers by way of bonafide sale at full market value. If any such payment is overdue in whole or in part, the Company may (without prejudice to any of its other rights) recover or re-sell the goods or any of them and may instruct its officers, employees or agents to enter any premises of the Customer or any third party where the goods are stored for that purpose. Such payment shall become due immediately upon the commencement of any act or proceeding in which the Customers solvency is involved.
- Until title to the goods has passed to the Customer pursuant to the terms hereof, the Customer shall hold the goods as fiduciary agent and bailee of the Company on the terms of this Contract and if the Company so requires the Customer shall keep the goods separately from any other goods of the Customer or any third party and properly stored, protected, insured and clearly identified as the property of the Company.
- The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any goods which remain the property of the Company, but if the Customer does so, all moneys owing to the Customer to the Company shall (without prejudice to any of its other rights) forthwith become due and payable.
TERMS OF PAYMENT
- Unless otherwise agreed by the Company in writing accounts shall become due and payable within 30 days from date of invoice.
- In the event of default in payment by the Customer the Company shall be entitled without prejudice to any other right or remedy to charge interest at 4% above current Bank Interest Rate on all outstanding amounts and to suspend processing and despatch until the account is brought completely up to date.
- Where goods are delivered by installments the Company may invoice each installment separately and the Customer shall pay such invoices in accordance with these Terms and Conditions.
4. No disputes arising under the contract or delays beyond the reasonable control of the Company shall interfere with prompt payment in full by the Customer.
We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
- We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
(a) The item you have ordered is out of stock or we are awaiting stock from our wholesalers
(b) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
(c) There has been a pricing or product description error
(d) There is a system or procurement failure
(e) You have failed our customer validation checks
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services.
- We reserve the right to refuse service to anyone for any reason at any time.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product/service.
- All prices on the Web Site do include VAT, where applicable
- We do not represent or warrant that Goods will be available. Stock indications are not provided on the Web Site.
- When you place an order, you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us. Your order will only be accepted by us once your goods have been dispatched.
- Once the order is dispatched, on most occasions, you will receive updates on the parcel's movement and will also have the ability to re-arrange.
- We try and not charge extra for delivery even when the total weight of the order goes beyond our current threshold of 25 kg. However, if the total weight exceeds 50 kg on a single order then we may contact you to agree a way forward.
THIRD PARTY LINKS
Certain content, products and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We make no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
LIABILITY AND INDEMNITY
We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
As a user of the website you agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
CHANGES TO THESE TERMS AND CONDITIONS
AKS-ARP Ltd. reserves the right to change the website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes.
Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
AVAILABILITY OF THE WEBSITE
The website is provided as is and on an as available basis. We give no warranty that the website will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
We accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
These terms and conditions shall be governed in accordance with the laws of England and are subject to the exclusive jurisdiction of the courts of England & Wales.
These terms and conditions constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure.