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All quotations, contracts, goods and services sold
by the seller will be governed and controlled under
the following terms and conditions unless otherwise
stated in writing.
1.
GENERAL
1.1.
“AKET”
means AK Electrical Testing
1.2.
“Customer” means the person who buys or agrees to
buy the Products or Services from the Seller.
1.3.
“Seller”
means AK Electrical Testing
1.4.
“Conditions” means the terms and conditions of sale
set out in this document and any special terms and
conditions agreed in writing by the seller.
1.5.
“Delivery date” means the date specified by the
seller when the products or services are to be
delivered.
1.6.
“Products” means those Products specified.
1.7.
“Services” means those Services specified.
1.8.
“Price”
means the price for the products or Services
excluding carriage, insurance, VAT and if
appropriate any export duties or taxes.
2.
ORDERS
2.1.
Placing
an order does not constitute our acceptance of the
order. Acceptance is only granted when the order has
been confirmed (by email or in writing) by us. We
reserve the right to decline acceptance of any
order.
3.
QUOTATIONS AND
ACCEPTANCE
3.1.
Quotations are valid for (30) days from date of
despatch by the seller of the quotations and
represent no obligation until the seller accepts the
customers offer in a written order. Any verbal
quotation by the seller must be confirmed in writing
before the quotation has any validity on the
seller’s part.
3.2.
In the
event of inconsistency between the sellers and
customers conditions, the seller’s shall prevail. No
variation of the seller’s conditions shall be
binding upon the seller unless and until the
variation has been accepted in writing by a duly
authorised person on behalf of the seller.
4.
PRICE AND
DELIVERY
4.1.
Prices
do not include VAT.
4.2.
Any
delivery period quoted will be an estimate only. The
seller will be under no liability for failure to
meet any agreed delivery period quoted.
5.
PRICE VARIATION
5.1.
The
seller reserves the right to increase the price of
any goods or services agreed to be sold in
proportion to any increase of costs to the seller
between the date of acceptance of the order and the
date of delivery (including but not by way of
limitation those relating to exchange rates and
taxes) or where the increase is due to any or
default of the customer, including the cancellation
by the customer of part of any order.
6.
PAYMENT
6.1.
Payment
shall be due from date of invoice unless accepted in
writing by a duly authorised person on behalf of the
seller, or specified different on the quotation
documentation.
6.2.
For all
late payment of monies not received within the
agreed payment terms, AKET shall be entitled to make
a legal claim to recover monies due plus interest,
court costs, and statutory compensation as laid down
in the Late Payment of Commercial Debts Regulations
2002.
7.
RETURNS POLICY
7.1.
In the
unlikely event that a return is requested, all
Products returned must include all original items
undamaged, in re-saleable condition, all original
packing including manuals, warranty forms, etc.
7.2.
Shipping
and handling fees are not refundable.
7.3.
The
customer is responsible for all shipping costs
incurred shipping products back to AKET. We strongly
recommend you use a recorded/insured delivery
service as we will not accept responsibility for
goods lost in transit.
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7.4.
Our acceptance of
returned goods does not mean we agree to a refund.
7.5.
All returned
goods are inspected and the circumstances reviewed.
The customer will be informed of our decision within
7 days of receipt of goods.
8.
PRIVACY POLICY
8.1.
As required by
the UK Data Protection Acts of 1984 and 1998, AKET
do not distribute any data regarding our customers
or suppliers with any third party business. Customer
or supplier data is only shared between AKET and her
sister companies AGrade Computing Services and
Pallet Recovery & Son.
9.
LIMITATION AND
LIABILITY
9.1.
The
seller (so far as permitted by law) shall not be
liable in contract, tort or otherwise, for any
losses or damages suffered by the customer
whatsoever arising out of, or in connection with,
the supply of goods and services conforming to the
original agreed specification or at the seller
option to refund to the customer any monies already
paid in respect of those goods or services.
9.2.
The
sellers total liability in contract, tort (including
negligence or breach of statutory duty),
misrepresentation or otherwise, shall be limited to
the price of the products or services supplied.
Under no circumstances will liability extend to
paying the customer damages for consequential
losses.
10. FORCE
MAJEURE
10.1. The
seller shall have no liability in respect of failure
to deliver or delay in delivering or performing any
obligations under the contract due to any cause
outside the reasonable control of the seller
including but not limited to acts of God, fire,
floods, war and civil disturbance or riot, act of
Government, currency restriction, labour disputes,
strikes, and unavailability of materials or failure
of supplier’s carrier or sub contractor to delivery
on time.
10.2. Where
the customer has made whole or part payment on a
contract for the supply of goods or services and
work has already commenced the seller undertakes to
give reasonable notice to cancel the contract where
force majeure applies with the seller entitled to
withhold reasonable expenses from payment already
made with the balance of any money being returned to
customer.
11. VALIDITY
11.1. If
any term, condition, or provision of these terms and
conditions is determined to be unlawful, invalid,
void, or for any reason unenforceable, the validity
and enforceability of the remaining terms,
conditions and provisions shall not in any way be
affected or impaired thereby.
12. TERMINATION
12.1. If
the customer commits any breach of these terms and
conditions of the contract or suffers distress or
becomes involve or commits and act of bankruptcy or
composition with creditors or goes or is put into
liquidation or if a receiver is appointed over part
of the customer’s business, the seller may, without
prejudice to any rights, which may have accrued or
which may accrue to it, terminate the contract
summarily by notice in writing.
13. LAW
13.1. All
inspection and testing carried out by the supplier
and all maters in connection with this work will be
subjected to English Law and to the exclusive
jurisdiction of the courts of England.
13.2. All
contracts are governed by the laws of England and
the English courts shall have the non-exclusive
jurisdiction to resolve any disputes arising out of
or under them.
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