Terms & Conditions
1. Definitions
In this document the following words shall have the following meanings:
“Buyer” means the organisation or person who buys or agrees to buy the goods from the Seller.
“Conditions” means the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
“Goods” means the articles which the Buyer agrees to buy from the Seller.
“Price” means the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
“Seller” means A.D.D. Filtration Ltd of 64 Abbey Road, Bradwell Village, Milton Keynes MK13 9AR, United Kingdom, registered in England No. 07328406, VAT Registration No. GB 997 7122 65.
2. Conditions
2.1. 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 Buyer’s 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.
2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3. These Conditions may not be varied except by the written agreement of the Seller.
2.4. These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
3. Price
3.1. The Price shall be that in the Sellers current list price, or such other price as the parties may agree in writing. The price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice. Carriage shall be paid for by the Buyer.
4. Payment and Interest
4.1. Payment of the Price and VAT and any other applicable costs shall be due within 30 days of the date of the Seller’s invoice. The Seller reserves the right to request payment in advance.
4.2. The Seller shall be entitled to charge Interest on overdue invoices which 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 judgement.
4.3. 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.
5. Warranties
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded.
6. Acceptance of the Order
6.1. By submitting an order to the Seller the Buyer shall be deemed to have placed an order with the Seller to purchase the Product at the Price. The Seller shall not be deemed to have accepted such order until despatch of the goods ordered. Upon the Seller accepting the order in accordance with this clause a contract shall been deemed to have been entered into between the Seller and the Buyer for the sale and purchase (respectively) of the Goods.
6.2. In the event that the Seller does not accept (or is deemed not to have accepted) the order it shall return any payment tendered within 30 days of receipt.
7. Delivery
7.1. Delivery charges vary according to the type of goods ordered.
7.2. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
7.3. The Buyer shall be responsible for obtaining all necessary import licences, clearances and other consents necessary for the purchase of the Goods. The Seller shall promptly upon request supply all documents reasonably required by the Buyer for this purpose.
7.4. Delivery of the Goods shall be made to the address specified by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.5. The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.6. 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.
7.7. 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 despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
8.1. The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
8.2. The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3. 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.
9. Title and Risk
9.1. Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller’s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
9.2. 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.
9.3. Until title passes 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.
9.4. The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1. repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2. 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.
9.5. The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Distance Selling Regulations
If the Buyer is buying as a “consumer”, as defined in The Consumer Protection (Distance Selling) Regulations 2000, the Buyer may cancel the order within 7 working days of receipt of the goods (with the exception of any made to order items). The Buyer does not need to give any reason for cancelling nor have to pay any penalty. However, the Buyer will need to notify the Seller in writing with in 7 working days. The goods must be returned to the Seller’s contact address at the Buyer’s own cost and risk as soon as reasonably possible.
11. Notices
11.1. Unless otherwise expressly stated in these terms and conditions, all notices from the Buyer to the Seller must be in writing and all notices from the Seller to the Buyer will be displayed on our website from to time.
11.2. We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
12. Law, Jurisdiction and Language
12.1. The contract is governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
12.2. Any provision of the contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of the contract.
12.3. No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
