In these Conditions “the Seller” means Altrans Liquids Ltd and the Buyer means any person(s) firm or company buying Goods from the Seller.
The Goods means the articles sold under the Contract.
The Contract means any contract for the supply of goods and services by the Seller to the Buyer to which these Conditions apply.
These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the Sale of Goods, to the exclusion of all other terms and conditions including the Buyers standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these conditions.
Acceptance of delivery of the Goods shall be deemed to conclusive evidence of the Buyers acceptance of these Conditions.
These Conditions may not be varied except by the written agreement of a Director of the Seller. These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
All quotations by the Seller to the Buyer are valid for 30 days unless otherwise stated.
The prices quoted unless otherwise stated are exclusive of VAT, deposits, pumpovers and delivery which shall be due at the rate in force on the date of Sellers invoice.
Payment and Interest
Unless credit terms have been agreed by us payment for Goods shall be made in full on, or before delivery. We may alter, suspend or revoke credit terms with any Buyer at any time.
Where credit is allowed, payment for the Goods shall be made within 30 days of the date of the Sellers invoice.
If full payment is not received by the date of delivery or where credit has been agreed by the due date for payment:
- Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
- We shall have the right to suspend any further deliveries under the particular contract or any other contract or accepted order until payment is made in full, and in addition shall have the right to cancel the particular contract in relation to such further deliveries.
- The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter claim against invoices submitted by the Seller.
The quantity and description of the Goods shall be set out in the Seller’s quotation/ confirmation of order.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.
The Seller warrants to the Buyer that their Services will be provided using reasonable care and skill but at all times this will be subject to downtime caused by routine or emergency procedures by the Seller or occasioned by third parties. The Seller will not be liable to the Buyer or any third party for any losses whatsoever caused by such downtime.
The delivery of Goods shall be made to the Buyers address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
The Seller undertakes to use its reasonable endeavours to dispatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be the essence of the contract.
The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
If the Buyer fails to take delivery of the Goods on the agreed delivery date or if no specific delivery date has been agreed, when the goods are ready for dispatch, the Seller shall be entitled to store and insure the Goods and charge the Buyer reasonable costs of doing so.
Acceptance of the Goods
The Buyer shall be deemed to have accepted the Goods by signing the delivery note accompanying the Goods.
The Buyer shall give written notification to the Seller, (stating delivery note number, condition of packages, extent of damage or shortage, and date Goods received) within 5 working days of delivery of the Goods which a reasonable examination would have revealed.
Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
Title and Risk
Risk shall pass on delivery of the Goods to the Buyer’s address.
Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
Until title passes to the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
The Seller may at any time before title passes and without any liability to the Buyer:
- Repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyers right to use, sell or otherwise deal in them and
- For that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
In no circumstances may the Goods supplied against a firm order, be returned without the Buyer having first applied for and obtained a registered returns number from the Seller. All returns are subject to a handling charge amounting to 20% of the invoice value of the returned Goods, and will be deducted from any credit allowed.
Carriage of Goods
Carriage will be charged on all sales, at the rates specified in our charges sheet which is updated annually.
These Conditions of Sale apply to all orders placed through both our standard ordering processes and website.
They do not affect your statutory rights.
Please retain for future reference.