Glossary
Amax Supplies Limited registered in England and Wales with company number 8422629 and having its registered office at Amax Supplies Limited, Unit B1B Neptune Road, Harrow, Middlesex, HA1 4HX
Goods
The products offered by Amax Supplies Ltd.
Purchase Order
A purchase order submitted by the Customer to Amax Supplies Ltd to order goods in the form of Amax Supplies Ltd’s standard order form.
Working Day
A day other than a Saturday, Sunday or a Public Holiday in the United Kingdom.
Customer
The person, firm of company purchasing or agreeing to purchase goods or services from Amax Supplies Ltd.
These Conditions
The terms and conditions of the sale set out here in.
1. These Conditions
a) Agreements by which Amax Supplies Ltd agrees to supply goods to the Customer shall be subject only to these Conditions notwithstanding any variation or attempted variation of these Conditions made by the Customer in its order form or otherwise and save as provided by Clause 1c.of these conditions the making of an order by the Customer for the goods supplied by Amax Supplies Ltd shall for all purposes be deemed to be of acceptance by the customer of these Conditions to the exclusion of any other terms and conditions. Any brochure in which these conditions are incorporated shall constitute an invitation to treat by Amax Supplies Ltd and any order placed by the Customer shall constitute an offer for goods incorporating these Conditions made by the Customer which Amax Supplies Ltd in its discretion accept in writing or by telephone, fax or E-mail. No cancellation of an order by the customer shall be valid unless made in writing and accepted in writing by Amax Supplies Ltd.
b) No variation of these Conditions is permitted unless expressly accepted in writing by a Member of the Board of Amax Supplies Ltd.
2. The Goods
Subject to the warranty contained in Clause 6a, all descriptions, drawings and particulars relating to the goods in any catalogues, leaflets, brochures or other documents are for illustrative purposes only and do not form part of the agreement between Amax Supplies Ltd and its Customer. All representations as to the performance of the goods are based on information supplied by the manufacturer of the goods and relate to the performance in normal conditions and when used correctly.
3. Delivery and Risk
a) Unless otherwise expressly agreed, the cost price shown in the current price list or quotation of Amax Supplies Ltd is exclusive of value added tax and the cost of packing and carriage will be charged at Amax Supplies Ltd’s normal rates.
b) The time for delivery of the goods is not of the essence. The agreed dates for delivery are estimates only and a failure by Amax Supplies Ltd to comply with them shall not be a breach of these conditions.
c) The goods shall be at the customers risk at the time of delivery, or, if the Customer has requested that he has arranged the collection of the goods, at his risk on the date that Amax Supplies Ltd has notified the Customer that the goods are ready for collection.
d) The Customer is required to inspect the goods on receipt and to notify Amax Supplies Ltd of any defects within 24 hours.
e) If any payments due to Amax Supplies Ltd are overdue for 30 days (unless previously agreed) or if the Customer ceases to trade or enters into any arrangement with its creditors or shall become insolvent or has a receiver or administrative receiver appointed or a petition is presented or a resolution passed for the winding up of the Customer (if the Customer is a company) other than for the purpose of a solvent reconstruction or amalgamation previously notified to Amax Supplies Ltd, the Customer shall then be deemed to have repudiated any agreements it may then have with Amax Supplies Ltd who shall be entitled (without prejudice to any other rights or remedies available to it) to stop any goods in transit and to cancel any further deliveries.
4. Property in the Goods
a) Notwithstanding risk in the goods passes to the Customer in accordance with Clause 3c of these Conditions the goods shall remain the sole and absolute property of Amax Supplies Ltd and title to and legal and equitable ownership of the goods shall not pass to the Customer until payment is received by Amax Supplies Ltd of all monies due from the Customer to Amax Supplies Ltd in respect of all goods supplied by Amax Supplies Ltd to the Customer and the Customer acknowledges that until such payment is made in full it is in possession of the goods solely as a fiduciary for Amax Supplies Ltd.
b) The Customer is licensed by Amax Supplies Ltd to use or agree to sell the goods provided that the entire proceeds or any sale of such goods are held in trust for Amax Supplies Ltd and are not mixed with other monies or paid into an overdrawn bank account and shall at all times be identifiable as Amax Supplies Ltd’s money.
c) Until title of the goods passes to the Customer the goods shall be kept separate and distinct from all other property of the Customer and of third parties and in good condition and stored in such a way as to be clearly identifiable as belonging to Amax Supplies Ltd and the Customer will not cause or permit or suffer any labels, badges, serial numbers, or any other means of identification of the goods to be removed or obscured.
d) Amax Supplies Ltd may for the purpose of recovering its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
5. Prices and Payments
a) Unless otherwise expressly agreed, the price is payable on delivery of the goods with invoice.
b) Time for payment is of the essence and if payment is not made within 30 days (or other previously agreed period) from the date of the invoice. Amax Supplies Ltd may require the Customer to pay 2.5 % interest per month from the date of invoice compounded monthly until payment is received in full.
c) If payment should not be made in 30 days (or a previously agreed period) Amax Supplies Ltd will be entitled to charge (in addition to interest and any legal costs ordered by the Court and without prejudice to any other rights or remedies available to Amax Supplies Ltd) the sum of £100 plus VAT by way of liquidated damages and as a contribution to the administrative costs incurred by Amax Supplies Ltd in taking steps to secure payment.
d) Unless otherwise stated, all payments are to be made to Amax Supplies Ltd’s address as stated on the Invoice.
e) The price may be increased by Amax Supplies Ltd at its discretion, to take account of fluctuations in exchange rates or increases in the cost of the goods be it to taxes, rates of carriage or otherwise.
f) The price shall be payable without any deduction or set-off.
g) Cheques not honoured (returned) will incur £20 minimum charge.
6. Warranty and Liability
a) Amax Supplies Ltd undertakes to credit the account of the Customer (if any) or to remedy free of charge by repair or replacement any defects in the goods covered under the manufacturers guarantee provided that the customer arranges for the prompt return to Amax Supplies Ltd of the defective goods at the Customers risk and expense. Amax Supplies Ltd reserves the choice of repair/replacement or credit. Credit notes issued by Amax Supplies Ltd are not redeemable for cash.
b) Save as herein specifically provided and save to the extent that the same cannot by statute be excluded all conditions and warranties or representations express or implied statutory or otherwise in relation to the goods are hereby excluded. Nothing in this clause 6b of these conditions shall exclude the undertakings implied by section 12 of the Sale of Goods Act 1979.
c) Amax Supplies Ltd shall not be liable for any financial consequential, indirect or direct loss suffered by the Customer or any third party whether such loss arises from a breach of a duty in contract or tort in any other way including without limitation to the generality of this exclusion, loss of profits, economic loss, loss of goodwill, loss of contracts, damage to the property of the Customer or anyone else.
d) To be valid any claim against Amax Supplies Ltd whether in contract or in tort must be brought within 6 months of the date of invoice and any such claim shall be limited to an amount by way of liquidated damages equal to the invoice value of the goods in respect of which the claim is made.
7. Returns Policy
a) Amax Supplies Ltd admit no liability or responsibility for returned goods which are returned without a valid Returns Authorisation Number, issued by Amax Supplies Ltd’s returns department.
b) Goods are not sold on a ‘sale or return’ basis.
c) Credit Notes issued by Amax Supplies Ltd are not redeemable for cash.
d) Any returns authorisations given by us shall be valid for seven days from the date of issue. Products that are the subject of a returns authorisation for which the time has expired, may only be returned subject to the issue of a new returns authorisation given at our absolute discretion. We reserve the right to charge you for handling and administration in respect of any Products that are accepted for return which have been correctly supplied to you by us ie: re-stocking fee.
Re-stocking fees – will be charged as follows:-
i. Customer error ie: ordered incorrectly (box unopened and seals intact) – A minimum of 20% of goods value
ii. Customer error as above, but seals broken – A minimum of 25% of goods value
iii. Carriage at the customer’s expense
CANCELLATION OF CONTRACT
A Contract cannot be cancelled except with the Seller’s consent and on terms which will indemnify the Seller against all loss.
8. Force Majeure
Amax Supplies Ltd shall not be liable to the Customer for any failure to perform its obligations due to any circumstances beyond its control (including without limitation, strikes, lock-outs, industrial disputes, or any other person, firm or company, delays caused by any manufacturer of the goods, riots, civil disturbances, war or warlike activity, embargoes, fire, explosion, flood or natural causes) and in such event Amax Supplies Ltd may elect by written notice to cancel any agreement with the customer or elect that the time for performance shall be extended until such time as Amax Supplies Ltd can reasonably effect performance.
9. Waiver
If the Customer shall be in breach of any of these Conditions then failure by Amax Supplies Ltd to require the Customer to rectify the same shall not create any assumption that such a breach has been waived by Amax Supplies Ltd.
10. Notices
All demands, notices and other communications shall be in writing and addressed to Amax Supplies Ltd at its address shown in invoices delivered by it and to the Customer at the address given by it for the delivery of invoices (or as subsequently notified by one or the other in writing) and shall be deemed to be duly given or made by letter 48 hours after being posted by first class postage pre-paid or if
delivered by hand at the time of delivery or if given or made by fax or E-mail when the sender shall receive the answer back of the person to whom it was sent.
11. Law and Jurisdiction
These terms and conditions are governed by and shall be construed in accordance with English law and the Customer and Amax Supplies Ltd irrevocably submit to the exclusive jurisdiction of the English courts.
