GENERAL INFORMATION AND DISCLAIMER
(a) The following terms and conditions together with any additional specific
terms and conditions shall, unless agreed writing by a director of Access
Appraisals Ltd. (hereafter referred to as ‘Access Appraisals Ltd’) apply to and
govern all orders for the sale of products by Access Appraisals Ltd. Access
Appraisals Ltd has the right to refuse to accept orders. The expression
‘products’ refers to Access Appraisals Ltd and third party products and services
available for sale to the Buyer.
(b) Goods are subject to availability. If we do not supply the goods for any
reason we will not charge you for these goods and we will refund any money
already paid for the goods. However, we will not be responsible for compensating
you for any other losses, which you may suffer if we do not supply the
goods.
(c) We will supply goods that are free from defects in materials and
workmanship for a period of 12 months (or longer if required by law) from date
of delivery. This does not affect any other statutory rights that you may
have.
2. PRICES
(a) Prices are based on current costs and charges for the products at the
date of quotation or at such earlier date as may be specified by Access
Appraisals Ltd. Prices may be increased by Access Appraisals Ltd to take into
account any change in such costs or charges for the products. Confirmed purchase
orders shall be invoiced at the price in effect at the time of Access Appraisals
Ltd’s acceptance of the order. Unless otherwise agreed prices exclude delivery
charges. Unless otherwise agreed prices exclude Value Added Tax.
3. DELIVERY
(a) Delivery of the products shall be deemed to take place when they are
despatched by or on behalf of Access Appraisals Ltd. Risk of loss or damage to
products shall pass to the Buyer at the time of delivery.
(b) We will endeavour to deliver goods within the times stated but goods are
subject to availability and delay in delivery of goods is sometimes outside of
our control. Any dates we specify for the delivery of the goods are approximate
only and we shall not be liable for any losses, costs, damages, charges or
expenses caused by any delay for delivery of goods unless caused by our
negligence.
(c) Access Appraisals Ltd is not responsible for delay or failure to deliver
due to causes beyond its reasonable control, including but not limited to fire,
flood, act of God or insolvency of sub-contractors or suppliers or inability to
obtain products, licences or services from third party suppliers.
(d) As soon as we have delivered the goods you will be responsible for them.
If you delay accepting a delivery, our responsibility for everything other than
damage due to our negligence will end on the date the carrier tried to deliver
the goods to you.
IMPORTANCE NOTICE: time limit for notification of claims. If goods
arrive in a damaged condition you must inform us within 3 working days. Our
customer services department will arrange a RA no. and arrange for collection.
We will replace the goods at no charge, or refund any money paid for the goods.
IF YOU DO NOT DO THIS WE SHALL HAVE NO LIABILITY FOR GOODS SAID TO BE DAMAGED ON
DELIVERY. If the goods returned are found to be in full working order these will
be returned to you and an administration fee of 15% of the price of the goods
along with the cost of carriage will be charged to you.
4. DELIVERY CHARGES
(a) All transportation, packing and transit insurance costs will be payable
by the Buyer in addition to the price for the products, unless otherwise agreed
with Access Appraisals Ltd.
5. TRANSPORTATION
(a) Access Appraisals Ltd shall, in the absence of agreement to the contrary,
be entitled to use any method or means of transportation it may select and may
despatch the products in such quantities or partial or complete shipments as it
may think fit. No claim in respect of any loss or damage to products in transit
will be accepted by Access Appraisals Ltd.
6. RETURNS POLICY
(a) Defective Items
You can return an item if it is defective.
Please see “To return an item” below for details of how to return defective
items to us. Upon inspection if the item is found not to be defective, we will
we not issue a refund and you will we liable for a redelivery charge.
(b) Changing your mind
If you change your mind about your purchase
you may return the unopened/unused item to us at your expense within 7 days of
receiving the item and we will issue a full refund for the product, minus the
initial delivery charge. (initial delivery charge does not apply to business to
consumer transactions) Please see “To return an item” below for details of how
to return items to us.
(c) To return an item
Please enclose a note giving the reason for
the return, wrap the package securely and send the package to the address below.
In the case of a defective product, please provide a full description of the
fault and return the defective item in its original box, with all warranty
cards, licences, manuals and accessories (if any). Then send the package to the
address below:
Access Appraisals Ltd.
The White Cottage
Stourton
Shipston on
Stour
Warwickshire
CV36 5HG
For your protection we recommend that you use a recorded-delivery
service.
This returns policy does not affect your statutory rights.
7. TERMS OF PAYMENT
(a) All amounts owing by the Buyer to Access Appraisals Ltd shall unless
otherwise requested by Access Appraisals Ltd, be paid within 14 days or 30 days
as specified on Access Appraisals Ltd.’s relevant invoice. In the event of the
Buyer failing to make full payment within such period, Access Appraisals Ltd
shall, without prejudice to any other right or remedy available to it, be
entitled to suspend or cancel any further deliveries to the Buyer, and to
suspend or cancel any order then subsisting between Access Appraisals Ltd and
the Buyer.
(b) Access Appraisals Ltd shall be entitled to charge interest on any
invoiced amount which is not paid by the Buyer on the due date for payment at a
rate of 3% per month above the base rate of Barclays Bank plc.
(c) Products shall remain the property of Access Appraisals Ltd until the
Buyer has paid all amounts owed by the Buyer to Access Appraisals Ltd. In the
event of non-payment by the Buyer, Access Appraisals Ltd may at any time after
payment has become due, enter the Buyer’s premises and take possession of the
products. This right shall continue until payment in full has been received by
Access Appraisals Ltd. The risk in products, however, will pass to the Buyer on
the date of despatch whereupon the Buyer shall insure the products to their full
value against all reasonable risks.
8. WARRANTY
(a) Any warranty offered by the product manufacturer will be passed onto the
Buyer.
(b) If the Buyer discovers a defect in the product the Buyer’s exclusive
remedy under this Agreement is to return the product to Access Appraisals Ltd
where Access Appraisals Ltd will at its option either repair or replace the
same. This is available only if Access Appraisals Ltd receives the returned
products on or before the seventh day after purchase. The Buyer must prepay all
transportation, packing and transit insurance costs of sending the products to
Access Appraisals Ltd. Access Appraisals Ltd will pay all return costs to the
Buyer. After 28 days the Buyer should refer any problem with the product
directly to the Manufacturer.
(c) Access Appraisals Ltd specifically excludes but without limitation the
implied conditions of satisfactory quality, merchantability and fitness for a
particular or any purpose.
9. LIMITED LIABILITY
(a) Access Appraisals Ltd shall not under any circumstances be liable for any
consequential or indirect damages or losses however caused.
(b) Access Appraisals Ltd.’s liability in respect of breach of the terms of
any order shall be limited to the invoiced value of such order. Nothing in this
agreement shall limited Access Appraisals Ltd’s liability for death or personal
injury caused by its negligence.
10. TERMINATION
(a) If the Buyer fails duty to pay any amounts to Access Appraisals Ltd or to
fulfill any of its obligations to Access Appraisals Ltd or if any distress or
execution shall be levied upon the Buyer’s property or assets, or the Buyer
shall make or offer to make any arrangement or composition with its creditors or
commit any act of bankruptcy, or if any petition or order in bankruptcy shall be
presented or made against the Buyer or if the Buyer being a limited company any
resolution or petition to wind up such company’s business (other than for the
purpose of amalgamation or reconstruction) shall be made or presented or if a
receiver shall be appointed to any undertaking property or assets or any part
thereof, or if at any time it shall come to the notice of Access Appraisals Ltd
that the Buyer is, or is likely to be, unable to meet its obligations in full as
they fall due. Access Appraisals Ltd shall have the right forthwith to terminate
any order entered into by the Buyer. Upon written notice of such termination
being posted by Access Appraisals Ltd to the Buyer’s last known address, this
order shall be deemed to have been terminated in consequence of a breach of
contract by the Buyer and without prejudice to any claim, right or remedy which
may be available to Access Appraisals Ltd in law or under the provisions here
of.
11. FORCE MAJEURE
(a) Neither party will be liable for any delay in performing or failure to
perform its obligations under this Agreement due to any cause outside its
reasonable control. Such delay or failure will not constitute a breach of this
Agreement and the time for performance of the affect obligation will be extended
by such period as is reasonable.
12. ASSIGNMENT
(a) This Agreement is personal to the Buyer and the Buyer may not assign or
otherwise transfer its rights of obligations under this Agreement without the
prior written consent of Access Appraisals Ltd.
13. NOTICES
(a) All notices which are required to be given under this Agreement will be
in writing and will be sent to the address as the recipient may designate by
notice given in accordance with this Clause. Any such notice may be delivered
personally by first class pre-paid letter or electronic mail or facsimile
transmission and will be deemed to have been received by hand delivery – at the
time of delivery.
(b) By first class post – 48 hours after the date of mailing.
(c) By facsimile or electronic mail transmission – immediately on
transmission provided a confirmatory copy is sent by first class pre-paid post
or by hand, by the end of the next business day.
14. SEVERABILITY
(a)If any part of this Agreement is found by a Court of competent
jurisdiction or other competent authority to be invalid, unlawful or
unenforceable then such part will be severed from the remainder of this
Agreement which will continue to be valid and enforceable to the fullest extent
permitted by law.
15. INTERPRETATION
(a) Headings have been included for convenience only and will not be used in
construing any provision in the Agreement.
16. WAIVER
(a) No delay or failure by either party to exercise any of its powers, rights
or remedies under this Agreement will operate as a waiver of them nor will any
single or partial exercise of any such powers, rights or remedies preclude any
other or further exercise of them. Any waiver to be effective must be in
writing. The remedies provided in this Agreement are cumulative and not
exclusive of any remedies provided by law.
17. ENTIRE AGREEMENT
(a) This Agreement is the complete and exclusive statement of the agreement
between the parties relating to the subject matter of the Agreement and
supersedes all previous communications, representations and arrangements,
written or oral. The Buyer acknowledges that no reliance is placed on any
representation made but not embodied in this Agreement. The printed terms and
conditions of any purchase order or other correspondence and documents of the
Buyer issued in connection with this Agreement will not apply unless expressly
accepted in writing by Access Appraisals Ltd.
(b) Except as otherwise permitted by this Agreement, no change to its terms
will be effective unless it is in writing and signed by persons authorised on
behalf of both parties.
18. GOVERNING LAW AND JURISDICATION
(a) These terms and conditions shall be governed by and construed in
accordance with the laws of England and Wales and each party agrees to submit to
the exclusive jurisdiction of the courts of England and Wales.
The above statement in no way affects your statutory rights.