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Terms and Conditions

Published on Monday, 25 June 2012 20:32 Hits: 8234

Category: aztec


1 In these conditions "Seller" means Aztec Chemicals Limited and “Buyer” means the person or company purchasing the goods from the seller. "Goods" means the products or services which seller agrees to supply under these conditions.

2 These conditions are the only conditions of contract under which the seller will supply. All other conditions attempted or purported to be imposed by any buyer or third part, howsoever and at anytime, shall be overridden and shall have no effect.

3 No order for goods is binding until acknowledged in writing by the seller. Each and every order is subject to these conditions and when accepted shall be governed by the laws of England.

4 Waiver of all or any of these conditions by seller shall not effect of prejudice its rights or remedies in respect of any subsequent breach non-performance or non-observation.

5 The contract of which these conditions form part is not capable of being assigned to any other party without the written agreement of the seller.

6 If any amendment in law, statute or regulation, shall make any of these conditions unenforceable then all other conditions shall remain in full force and effect.

7 Seller reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety of other statutory requirement or, where the goods are to be supplied to the seller’s specification, which do not materially affect their quality or performance.

8 No order that has been accepted by the seller may be cancelled by the buyer unless agreed in writing by the seller.

9 Seller has the right to supply quantities up to 10% more or less than the quantity ordered. Any such excess or shortage to be charged for, or allowed at, the contract price.

10 The price(s) in respect of each order shall be that notified by the seller to the buyer either in writing or orally. Where no such notification has been given then the price will be that quoted previously by the seller.

11 TIME FOR PAYMENT SHALL BE OF THE ESSENCE OF THE CONTRACT.

12 Unless otherwise agreed in writing payment for the goods supplied is due in full to the seller within 30 days of the date of the sellers invoice. Under no circumstances shall the buyer be entitled to make any deduction from such payment or withhold payment for any reason unless authorised to do so by the seller.

13 If payment of any orders becomes overdue then the seller may without prejudice to other rights and remedies, refuse to supply any further orders to the buyer.

14 The seller reserves the right to charge interest on any amounts overdue for payment at a rate of 5% per month.

15 If buyer defaults on any payments due then all goods delivered but not due for payment are deemed to become due and payable on the date of default.

16 Risk of damage in or loss to the goods shall pass to the buyer either:

i) When the goods are collected from sellers premises by the buyer or a third party acting for the buyer.

or

ii) When the goods are delivered to the buyer by the seller or a third party acting for the seller.

In either case the consignment shall be deemed to have been complete and in satisfactory condition unless:

a) Notification to the contrary is received by the seller in writing within two days of the date or delivery.

or

b) Notification of Non delivery of the entire consignment is received in writing by the seller within seven days of the seller sending an invoice for the goods to the buyer. Unless these conditions are observed seller shall not be liable for any loss, damage or Non-delivery of part or all of the consignment.

17 Title of Goods

i) Ownership of the goods delivered under this contract remains with the seller until payment for such goods, and any other goods delivered to the buyer, has been made in full to the seller.

ii) If in relation to the Law of England or Scotland and above clause shall be deemed invalid to reserve the seller the title to the goods then nevertheless ownership of the goods delivered under this contract shall remain with the seller until those goods themselves have been paid for.

iii) If the buyer uses the goods in the manufacture or production of items or materials, before title of the goods has been passed to him, then such items or materials shall become the property of the seller as security against all monies owing, whether under this or any other contract.

iv) If any payment is overdue whether under this or any other contract between seller and buyer, the seller may, without prejudice, recover any or all the goods, the title of which remains with the seller by virtue of clauses17i) and ii) and may, whether by itself or by agents duly appointed, enter upon buyers premises for that purpose.

18. Time shall not be of the essence in respect of delivery and seller shall not be liable in any way for late delivery or the consequences thereof.

19. Deliveries may be totally or partially suspended or cancelled by reason of force majeure on sellers part which shall include any matter or thing reasonably outside sellers control and seller shall not be in anyway liable for such or the consequences thereof.

20 All other express or implied conditions or warranties, statutory or otherwise, by seller as to the quality, merchantability or fitness for purpose of the goods are excluded to the extent permitted by law.

21 Under no circumstances shall seller be liable for any loss of profit to buyer or any other consequential loss however arising.

22 Buyer shall be deemed to have examined the goods at the time of delivery and, unless written notice of any defect is received by seller within seven days of delivery then seller shall thereafter be relieved and discharged from all liability in respect thereof.

23 Seller does not give any warranties that the goods do not infringe any intellectual property or industrial rights and shall not be under any liability in respect thereof.

24 If buyer suffers any distress or execution levied on its property enters into any arrangement and creditors, has a receiver or liquidator appointed or has a winding up or bankruptcy petition presented against it, seller may forthwith and without notice cancel any or all orders outstanding between seller and buyer, without prejudice to any rights or remedies it may have and without any liability whatsoever.