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Terms and Conditions

1. Definitions

1.1.“Buyer” means the person who buys or agrees to buy the goods from the seller

1.2. “Conditions” means these terms and conditions of sale and any special terms and conditions agreed in writing by the seller

1.3. “The Delivery Date” means the date specified by the seller when the goods are to be delivered

1.4. “Goods” mean the articles which the buyer agrees to buy from the seller

1.5. “The price” means the price for the goods excluding carriage, packaging, insurance and VAT

1.6. “Seller” means APT ICC Limited of Crown House, Unit F Crown Business Park. Tredegar, Gwent NP22 4EF

2. Conditions Applicable

2.1. These conditions shall apply to all contracts for the sale of goods by the  Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order. Confirmation of order or similar document

2.2. All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these Conditions

2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these conditions.

2.4. Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller

3. The Price of Payment

3.1. The price shall be the price set over leaf. The price is exclusive of VAT which shall be due at the rate ruling on the date of the sellers invoice

3.2. Payment of the price and VAT shall be due within 30 days of the date of the Sellers invoice. Time for payment shall be of the essence

3.3. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of actual payment at the rate of 5% above National Westminster Bank Plc base rate from time to time in force and shall accrue at such a rate after as well as before any judgement

3.4. Standard credit terms are strictly 30 days of the date of the Sellers invoice.  Time for payment shall be of the essence

4. The Goods

4.1. The quantity and description of the goods shall be as set out in the purchase order

4.2. The seller may from time to time make changes in the specification of the goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods

4.3. Where this is a contract for sale by sample:

4.3.1. The bulk of goods will correspond with the sample in quality provided that the seller shall have no liability to the Buyer unless more than 5% of the Goods do not correspond

4.3.2. The buyer shall be deemed to have had reasonable opportunity of comparing the bulk of any consignment of Goods with the sample after two days from delivery have expired

4.3.3. Upon the buyer having been deemed to have had a reasonable opportunity of comparing the bulk of any consignment with the sample of the buyer will also be deemed to have notice of any defects rendering the Goods not in accordance with the contract and to have accepted all the Goods so delivered

5. Warranties and Liabilities

The seller warrants that the Goods will at the time of delivery correspond to the description given by the seller. Except where the buyer is dealing as a consumer (a defined in the unfair contract Terms Act 1977 section12 and the Unfair Terms in Consumer Contract Regulations 1994) all other warranties conditions or terms relating to fitness for purpose, satisfactory quality or condition of the goods and whether implied by statue or common law or otherwise are excluded

6. Delivery of the Goods

6.1. Delivery of the goods shall be made to the buyers address on the Delivery Date. The buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery

6.2. The seller shall not be liable for any loss or damage whatsoever due to failure by the seller to deliver the Goods (or any of them) promptly or at all

7. Acceptance of the Goods

7.1. (Except as provided in clause to 4.3.2 ) the buyer shall be deemed to have accepted the goods 24 hours after delivery to the Buyer

7.2. After acceptance the buyer shall not be entitled to reject any goods which are not in accordance with the contract.

7.3. The seller may in its absolute discretion accept the return of the Goods which are in accordance with the contract both before or after the time for acceptance has passed provided that in any such case the Goods shall be returned to the Seller at the Buyer’s cost and the buyer shall, in addition pay to the seller an administration fee of 10 per cent of the contract price of the Goods including VAT and carriage

8 Title and Risk

8.1. The goods shall be at the Buyers risk as from delivery

8.2. Notwithstanding delivery having been made, title to the goods shall not pass from the seller until:

8.2.1. The buyer shall have paid the price plus VAT in full and

8.2.2. No other sums whatever shall be due from the buyer to the seller

8.3. Until title to the Goods passes to the buyer in accordance with clause 8.2 the buyer shall hold the goods and each of them on a fiduciary basis as bailee for Seller. The Buyer shall store the Goods (at no cost to the seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the sellers property

8.4. The seller shall be entitled to recover the price plus VAT notwithstanding that title to the Goods that has not passed from the seller

8.5. Until such time as title to the goods passes from the Seller the Buyer shall upon request (at the cost of the buyer) return them to the Seller. If the buyer fails to do so within seven days of a written request the seller may enter upon any premises owned, occupied or controlled by the buyer where the goods are situated and repossess the Goods

8.6. The buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are property of the seller. Without prejudice to the other rights of the seller, if the buyer does so all sums whatever owing by the Buyer the Seller shall forthwith become due and payable

9. Sale on Approval

Where there is a contract for sale on approval:-

9.1. The Buyer shall be permitted to retrain and use the Goods for 14 days from the delivery date

9.2. The buyer shall not be deemed to have accepted the goods provided that:

9.2.1. The buyer gives notice of rejection in writing to the seller given and received on or before the final day of the Approved Period

9.2.2. At the buyer’s cost the buyer returns the Goods (or the unused Goods) with 2 days of the expiration of the Approved Period

9.2.3. The buyer has not used in aggregate more than twenty five percent in volume of the Goods

9.3. For  the avoidance of doubt the provision of clause 8 shall apply concerning title to and risk in any Goods supplied by the seller to the buyer on approval

10. Remedies

10.1. Where the buyer rejects any goods then the buyer shall have no further rights whatever in respect of the supply to the buyer of such goods or the failure by the seller to supply Goods which conform to the Contract of sale. Where the buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect to those Goods

10.2. The seller shall not be liable to the Buyer for late delivery or short delivery of the Goods

10.3. The seller shall  be under no liability whatever to the buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract

11. Waiver

No failure to exercise and no delay in exercising on the part of the Seller any right power or privilege hereunder shall operate as a waiver thereof

11. Proper Law of Contract

This contract is subject to the Law of England and Wales