Sales Terms & Conditions
1. Interpretation
In these Terms and Conditions (Terms), the following words and phrases shall
have the following meanings:
“the Buyer” means the person, firm or company who purchases the Goods from
the Company:
“the Company” means Asset Solutions;
“Contract” means the contract between the Company and the Buyer which shall
be deemed to incorporate these Terms;
“Goods” means any goods and services agreed in the Contract to be supplied by
the Company to the Buyer;
“Place of Delivery” means the place to which the Goods or Service are to be
delivered.
In these Terms, reference to any statute or statutory provision shall be construed
as a reference to such statute or statutory provision as amended, modified, reenacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and
conditions, including any such terms and conditions that are purported to be
included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order
or other document of the Buyer will form part of the Contract.
3. Delivery
Unless otherwise agreed in writing, the Place of Delivery shall be the Company’
premises and the Buyer shall take delivery within 7 days of the Company
notifying the Buyer that the Goods are ready for delivery.
Any dates specified by the Company for delivery of the Goods are intended to be
an estimate only. If no date is specified for delivery of the Goods, delivery shall
be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall not be liable
for any loss, whether direct or consequential, economic or loss of profits or
otherwise, arising directly or indirectly out of any delay in the delivery of the
Goods nor will any delay entitle the Buyer to terminate or rescind the Contract
unless the delay exceeds 60 days.
4. Risk in and Ownership of the Goods and Service
Risk in the Goods shall pass to the Buyer on delivery
Ownership in the Goods and Services shall not pass to the Buyer until the
Company has received in full in cleared funds all sums due to the Company in
respect of the Goods and all other sums which are or may become due to the
Company from the Buyer on any account.
Until ownership of the Goods and Services has passed to the Buyer, the Buyer
shall:
hold the Goods and Services on a fiduciary basis as the Company’s bailee;
store the Goods and services separately from all other goods of the Buyer or any
third party in such a way that they remain identifiable as the Company’s property;
not destroy or deface any identifying mark on the Goods or their packaging;
maintain the Goods in satisfactory condition insured with the Company’s interest
noted on the policy and hold any proceeds of such insurance on trust for the
Company and not mix them with any other money.
5. Price
The price for the Goods shall, unless otherwise agreed, be the price set out on
the estimate or pre agreed hourly rate. The price for the Goods and Services
shall be inclusive of all costs of carriage and insurance and applicable VAT. The
Buyer shall pay such deposit as the Company shall direct.
6. Payment
Subject to paragraph 5, payment of the price of the Goods and Services shall be
due 7 days from the date of the Company’s invoice. If payment is not received
by the due date the Company will under the “Late Payment of Commercial Debts
(Interest) Act 1998 add the fee stated and add interest at the referenced Bank of
England base rate plus 8% on every 30 days the debt is due.
Payment shall not be deemed to have taken place until the receipt by the
Company of cleared funds.
7. Warranties
The Company warrants that the Goods and Services are of satisfactory quality
for 12 months.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give
written notice to the Company within 10 days of the discovery of the defect and
give the Company a reasonable opportunity to inspect the Goods and Services in
question.
The Company shall not be liable for any breach of warranty if the Buyer makes
any further use of the Goods or Services after giving such notice or alters or
repairs the Goods or Services without the agreement of the Company.
The Company’s liability under the warranty shall be limited to repairing or
replacing the Goods in question or refunding the price of such Goods or
Services.
8. Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the subject
matter of the Contract shall not exceed £1,000,000 and the Company shall
under no circumstances be liable to the Buyer for any consequential, indirect or
economic loss or damages.
9. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances
outside its reasonable control, including but not limited to war, fire, industrial
disputes or civil commotion, it shall notify the other and the first party’s
obligations under these Terms shall be suspended until it notifies the other party
of the end of such event of Force Majeure.
10. General
If any part of these Terms is found to be void or unenforceable by any Court of
competent jurisdiction, such part shall be severed from these Terms which will
otherwise remain in full force and effect.
11. Right to Cancel
Under the Cancellation of Contracts made in a consumers home or place of work
regulations 2008 you have the right to cancel within 7 calendar days of agreeing
to engage the business to carry out work and having received the Notice of the
Right to Cancel form, to cancel works please return the form (details are shown
of the form) or via letter or e mail to our contact details on the web site.
These Terms shall be governed by and interpreted according to English Law and
the parties submit to the exclusive jurisdiction of the English Courts.