1. Acceptance of Orders
All contracts of sale made by Argosy Components Ltd ('the Company') shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communications from the party with whom the Company is dealing ('the Customer'). All orders are accepted and fulfilled subject to these conditions of sale unless otherwise varied by agreement in writing.
2. New Accounts
Customers wishing to open a credit account should send bank and other trade references.
3. Quotations
Quotations will only be valid for 21 days E&OE.
4. Invoices
Goods are invoiced at the prices ruling at the time of despatch. VAT will be added to all goods or services supplied at the rate in force at the date of the invoice.
5. Delivery
a) Delivery times and pricing is to the best of our knowledge, correct at the time of quoting.
b) Whilst every effort will be made to despatch goods on time, no liability can be accepted by the Company for failure to deliver within the advertised times.
c) The Company will accept no liability for shortages, damage to or non-delivery of goods unless the Customer notifies the Company in writing within seven days of receipt of goods, or receipt of invoice.
d) If for any reason the Customer fails or refuses to accept delivery of the goods at the time such goods are due and ready for delivery and it is established that the Customer is in breach of contract, the Company may sell or otherwise dispose of the goods without prejudice to the Company's right of legal redress for loss suffered in consequence of the Customer's failure to take delivery of such goods.
d) Where product weight is unknown an estimation may be used to facilitate shipping calculations, any difference is non-refundable.
6. Payment Terms
Unless otherwise expressly stated, credit account invoices are due and payable in sterling 30 days from the date of invoice. Overdue invoices will be subject to late payment charges at 2% over base rate per week until settled.
7. Product Specifications, Dimensions etc.
a) Actual dimensions, specifications and quantities may in certain circumstances vary from those shown in the catalogue. The Company shall not accept any liability or be deemed to be in breach of contract where such variations are beyond the Company's control.
b) In the event that the Company is unable to supply goods as ordered by the Customer, the Company reserves the right to substitute goods of equal or superior quality comparable or compatible with the goods ordered at the same price.
8. Property and Title
No property or title to goods shall pass from the Company to the Customer unless and until the customer has made full and complete payment to the Company of all sums due from the Customer in respect of the goods and the Customer shall indemnify the Company against any loss or damage to the goods prior to the passing of property therein whilst in the customer's custody.
9. Force Majeure
In the event that the company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, war, strikes, lock-outs, flood and failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities under such contract of sale for as long as such fulfilment is prevented.
10. Trade Name and Mark
Indications of trade names or marks (other than those of the Company) shown in the catalogues or other documentation of the company are not restricted to indications of manufacture but may be indicative of general use or of systems, machines, etc. associated with the use of such products.
11. Cancellations or Returns
a) Since under normal circumstances goods are dispatched on the same day as receipt of order, cancellation of orders cannot be accepted.
b) Undamaged and fully marketable goods may be returned by prior agreement of the Company who reserve the right to make a cancellation & administration charge equaling 40% of the returned product's value.
12. Warranty
The goods sold by the Company are warranted free from defects in materials and workmanship. If goods are found to be defective in respect of materials or workmanship only within 90 days of the delivery the company will at its option replace the defective goods or refund the purchase price.
13. The Company's Liability
a) The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.
b) The Company's liability in respect of breach or non-performance of any order shall be limited to the value of the goods to which the claim relates.
14. Health and Safety at Work Act 1974
In compliance with Section 6 of the above Act the Company confirms that the goods supplied do not present a hazard to health and safety when properly used for the purpose for which they are designed and provided also that the Customer or its employees and agents take reasonable and normal precautions in their use.
15. Applicable Law
Every contract to which these Terms and Conditions shall apply shall be construed in accordance with and governed by the Laws of England.
17. Sanctions
Argosy does not sanction the shipment of goods to any countries embargoed by the U.K. or USA governments. If any goods ordered from Argosy are destined for embargoed countries, we request that Argosy are notified prior to shipment