Click here to apply for a Credit Account

Conditions Of Trade
STANDARD CONDITIONS OF TRADE UNDER WHICH ALL TRANSACTIONS FOR THE SUPPLY OF GOODS ARE CONDUCTED BY ASHMORE & ALLEN LIMITED ("THE COMPANY")

1. ACCEPTANCE and LIMITS OF CONTRACT:
(a) No quotation made by the Company shall constitute an offer by the Company.
(b) Any terms and conditions proffered by the Customer are hereby excluded. Any order placed by a customer whether in writing, verbally or by fax shall be deemed to constitute an offer by the customer to enter into a contract upon these conditions of trade which shall be deemed to have been accepted by the Company when the Company receives the order. The customer shall not transfer his rights to any third party.
(c) No order will be accepted verbally, whether by telephone or otherwise, unless accompanied by the Customer's official order number. Orders which are confirmatory of verbal or telephoned orders but which are not described as such will, if processed, be subject to a 30% restocking charge.

2. DESPATCH:
The Company will use its best endeavours to despatch or complete by the estimated dates but time is not of the essence of the contract and the Company shall not incur any liability whatsoever for failure to despatch or complete by such date.

3. CARRIAGE:
A charge will be made for packing and carriage on all orders of less than £250 except for deliveries within a 5-mile radius of the Company premises.

4. PAYMENT TERMS:
Invoices must be settled within 30 days of the invoice date. The company reserves the right to charge interest on overdue accounts at 3% above the Lloyds TSB PLC minimum lending rate current at the time. The Company reserves the right to suspend further deliveries until all arrears and interest have been paid.

5. DAMAGE and LOSS IN TRANSIT:
Damage to goods incurred or arising during transit must be notified by the customer to the Company within three days of receipt. Non delivery must similarly be notified within fourteen days from the despatch date shown on the Company's delivery note. Goods delivered on the Company's behalf by third parties must be clearly marked if received unchecked. The customer shall be liable for any loss or damage consequent upon failure to notify as stipulated in these conditions. Goods damaged during transit must be kept together with the packing for inspection by or on behalf of the Company.

6. CANCELLATION:
The Company shall have the right to refuse to accept cancellation of an order by the customer, but in the event of acceptance shall be entitled to charge for all work carried out or expenses incurred in relation to the order before such acceptance. No cancellation will be accepted unless it is in writing.

7. PROPERTY AND RISK:
(a) Until the price for the goods has been paid in full to the Company the customer shall remain a bailee only and the ownership of the goods shall remain with the Company.
(b) The customer shall keep all goods belonging to the Company insured and risk will pass on delivery, notwithstanding that the property remains with the Company until the goods are paid for in full.
(c) The Company is irrevocably authorised to enter any premises where goods are situated and take possession of and remove the goods at the customers expense:-
(i) At any time after payment (or any part thereof) has become due and has not been received in full.
(ii) If payment has not been received in full (whether or not payment has become due) upon the customer ceasing to trade or upon the appointment of a Receiver of the whole or any part of the customers undertaking or upon the customer entering liquidation or compounding with its creditors or taking or suffering any similar action in consequence of debt.

8. UNDERTAKING and WARRANTY:
(a) Save as provided in sub paragraph (b) the Company undertakes that if within a period of 12 months any part of the goods becomes defective (other than through fair wear and tear) and notice in writing or by fax thereof is received by the Company within 14 days of such discovery and if between the date of delivery and the receipt by the company of such notice the goods at all times have been used with reasonable care and by competent persons and nobody has attempted to repair or alter or otherwise interfere with the goods (without the consent of the Company), or they have been subjected to condition s outside their design parameters, the company will send a replacement for the defective part. All labour, transport and packing costs incurred in sending and installing such replacement shall be paid by the customer.
(b) The customer is responsible for ensuring that the capacity and performance of any goods purchased by him from the Company are sufficient for the customer's purpose and that any instructions for care and maintenance of the product have been adhered to.

9. LIMITATION OF LIABILITY:
Save as set out in paragraph 7 above
(a) The Company shall not be liable in any way whatsoever for any failure to comply with the terms of this contract which is due to circumstances out of the Company's control.
(b) The Company shall not be liable in any circumstances for loss of profits, interest paid or payable by the customer, loss of orders, consequential loss, loss of profits or loss or expenses consequent upon the disruption of the business of the customer.
(c) The Company shall not be liable for any damage to anything arising from the goods or any defect in them or use made of them and the customer shall indemnify the company against any claim thereof.
(d) All conditions representations warranties or undertakings in connection with the goods whether implied by statute, common law, custom, or for any reason whatsoever and whether as to quality, condition, fitness for use or otherwise whatsoever are hereby excluded.
(e) The sale or supply of goods is strictly on the terms that the customer has had every opportunity to examine the goods and has satisfied himself as to their condition and suitability, and the customer acknowledges that all specifications and details in catalogues quotations acknowledgements or orders or similar documents or by word of mouth and all dates of manufacture and specific forecasts of performance howsoever given are approximate, and do not form part of the contract between the Company and the customer.

10 LEGAL CONSTRUCTION:
These conditions and any contract in which these conditions are incorporated shall be governed by and construed in accordance with English law and the customer agrees to submit to the jurisdiction of the English Courts.