Standard Terms and Conditions of Sale
1) ACCEPTANCE
Unless previously withdrawn, the Company’s proposals are open for acceptance
when either:
(a) The validity period stated in such proposals or
(b) In the absence of such period within 30 days only the date of any such
proposals.
It shall be sufficient in the event of the withdrawal of the Company’s
proposals that such withdrawals shall be drawn to the attention of the Purchaser
by either email, telephone communication, telex, in writing, or orally.
Acceptance of the Company’s proposals must be in writing and shall only be
binding when actually received by the Company.
2) DELIVERY
The place of delivery is ex the Company’s place of business. The time for
delivery of equipment and / or products is caused by instruction or lack of
instructions from the Purchaser or by any industrial dispute or any
circumstances beyond the Company’s reasonable control and in any event it is
agreed that time for delivery shall not be of the essence.
3) RISK OF LOSS OR DAMAGE
The risk of loss or damage to the equipment shall pass to the Purchaser on
shipment or despatch by the Company. If the equipment is lost or damaged in
transit the Company will take all reasonable steps to assist the Purchaser’s
claim against the Carrier for such loss of damage but the Purchaser must notify
the Carrier and the Company within three days of receipt of the equipment or in
the case of non-delivery within 14 days of the date of the Company’s advice
note.
4) PRICES AND TERMS OF PAYMENT
(a) Prices are subject to correction for error. Prices given are subject to
variation as hereinafter provided. The prices of goods will be those ruling at
the date of dispatch of equipment and / or products except where paragraph (d)
below applies.
(b) Payment shall be 30 days net from the date of invoice issued on delivery.
Such invoice being deemed to have been delivered on the date of posting thereof.
The paragraph below needs to be revised with
according to USA.
(c) All Payments shall be made in the currency of the United Kingdom
or if appropriate of the Republic of Ireland if the Purchaser delays in making
its payment to the Company, the company shall after giving reasonable notice in
writing to the Purchaser of its intention to invoke this sub-clause be entitled
to interest on the sum due from the time fixed for payment as above at the rate
of 2% per month or such other rate of interest as may be notified to the
Purchaser.
(d) Where paragraph 4 (a) does not apply the Company’s powers to vary the
price hereunder shall be governed by the Code of Practice and Formulae laid down
by BEAMA applicable at the date of acceptance as specified in Clause 1 above.
(e) There is in any event a minimum order charge, details of which will be
given on request.
5) TAXES
The amount of any and all present or future taxes or other governmental
charges upon the production shipment or sale of the equipment shall be added to
the price and paid by the Purchaser notwithstanding any of the provisions of
Clause 4 hereof.
6) WARRANTIES
The Company will, free of charge, make good by repair, or at its option, by
the supply of a replacement, defects which under conditions of proper use appear
in any equipment and / or products manufactured by it and which arise solely
from faulty design or materials or workmanship provided that the equipment is
returned carriage paid to the place of shipment or dispatch with 12 months after
the date of shipment or dispatch by the Company. The Company may at its option,
issue a credit note to the Purchaser for equipment returned under this clause.
If inspection by the Company does not disclose a defect within the terms of this
warranty the Company’s regular charges will be payable. The Company’s liability
under this clause is in lieu of any warranty or condition implied by law as to
the quality or fitness for any particular purpose of the equipment and except as
provided in this clause the Company shall not be under any liability whether in
contract tort or otherwise in respect of defects in the equipment or for any
injury damage or loss resulting from such defects or from any work done in
connection therewith. The Purchaser agrees to indemnify the Company against any
loss or damage that may arise through the use by the Purchaser or others of the
equipment. In the event of the Company supplying equipment or products not
manufactured by it (i.e. not identified with the Company’s part number) such
products will only carry such warranty as it provided by the actual manufacture
of such products or equipment and no further liability therefore shall apply to
the Company.
7) DRAWINGS AND SPECIFICATIONS
All specifications, illustrations, drawings and other particulars supplied
are as accurate as possible, but none of these form part of the contract between
the parties. Certified outline drawings will be supplied on requests.
8) TITLE
It is expressly agreed by the parties hereto that title to the equipment and
products supplied in accordance with the terms hereof shall remain that of the
Company until the Company has received payment of all money due hereunder
including any interest falling due in accordance with the provisions of Clause 4
hereof.
9) CANCELLATION OF ORDERS
You may cancel your order within 7 days of receiving the goods. All goods
including all packaging must be returned to us in an unused and re-saleable
condition. You must take reasonable care of all goods while in their
possession. Goods received back in an unsuitable condition will unfortunately
not qualify for a full refund.
10) RETURNING GOODS
The paragraph below needs to be revised with
according to USA.
In the unlikely event that goods need to be returned to us you must
obtain a Returns Authorization number from our Returns Department, by contacting
us on +44 (0) 114 2442424. Our staff will advise if the goods can be returned
and where to send them to. Return carriage costs are your responsibility. If
goods are found to be genuinely faulty we will reimburse your return postal
charges, up to a maximum of £8.00 (see refunds section below). We very strongly
advise customers to return all goods over £30.00 in value to us using a tracked
and insured postal service such as Royal Mail Special Delivery Service. We are
unable to process any returns, refunds or cancellation of contracts until the
goods have been received and checked at our offices. Goods should be in their
original unused condition, complete with all original packaging.
11) REFUNDS
Refunds will be processed within 7 days (normally within 2 working days) of
us receiving the returned goods. Refunds will normally be credited to the
payment card details provided at the time of ordering the goods from us - e.g.
refunded to your credit or debit card. A charge (as above) will be made for any
goods that are returned back in an un-saleable or incomplete condition. This
will be deducted from your refund if applicable or charged against your debit or
credit card details as provided at the time of ordering.
12) ENTIRE AGREEMENT
The terms and conditions of the quotation constitutes the entire agreement in
relation to the sale of the equipment and all products and no modification or
waiver thereof shall be valid unless made in writing expressly for the purpose
and signed by an authorized offer or representative of the Company and of the
Purchaser.
13) LAW
The construction or validity and performance of this agreement shall be
governed by the United States of America.

Copyrighted © 2006 ABTECH
Created by AllStars B2B
and Businelle Company, LLC
Terms and Conditions
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