Terms and Conditions
General:
1.1 We issue our price lists and accept
all orders subject to the following
conditions:
Supply of merchandise shall constitute
the Customers acceptance of these
terms. Any terms stated by the
Customer and inconsistent with these
terms are expressly rejected unless
written acceptance has been received
from Ashley Chains prior to delivery.
1.2 If any statement or representation
has been made to the Customer by us,
our servants or agents upon which the
Customer relies other than in our price
list or our acknowledgement of order
then the Customer must set out that
statement or representation in a
document to be attached to or endorsed
on the order and in any such case we
may confirm, reject or clarify the point or
submit a new price.
Availability:
2.1 Every effort will be made to comply with the detail of any order, but if, due to circumstances beyond our control we are unable to meet all requirements, no claim can be made upon us.
Modification:
3.1 We reserve the right to effect minor modifications to the specifications of our products, with or without prior notice, provided such modifications do not in our opinion affect the function and quality of the product.
Delivery:
4.1 Time for delivery is given as accurately as possible but is not guaranteed. No responsibility can be
accepted for any loss, consequential or otherwise, arising from failure for any cause to meet any delivery
time stated.
4.2 No claim for non-delivery can be entertained and we shall incur no liability in respect of any such claim unless received by us in writing within 7 days of the invoice date.
Risk and Title:
5.1 Risk shall pass to the Customer so that the Customer is responsible for all loss, damage or deterioration to the goods:-
5.1.1. If we deliver the Goods by our own transport or arrange transport for the Goods, at the time when the Goods or a relevant part thereof arrive at the place of delivery, or
5.1.2. In all other circumstances at the time when the Goods or a consignment or other part thereof leave our premises.
5.2 Title of Goods remains the property of Ashley Chains until paid for in full.
5.3 We may recover Goods in respect of
which title has not passed to the
Customer at any time and the Customer
hereby licenses us, our officers,
employees and agents to enter upon any
premises of the Customer for the
purpose of recovering any Goods in
respect of which Title has not passed to
the Customer.
Shortages and Defects Apparent on Inspection:
6.1 No claims for damage or shortage can be entertained unless:
6.1.1 Notified within 24 hours of delivery, and
6.1.2 We are given an opportunity to inspect the Goods and investigate any complaint before any sale or use of or alteration or interference with the Goods.
6.2 If a complaint is not made to us as
herein provided then the Goods shall be
deemed to be in all respects in
accordance with the Contract and the
Customer shall be bound to pay for the
same accordingly.
Limit of Liability:
7.1 Where goods supplied are deemed to be faulty, liability is limited to replacement or credit of the goods.
7.2. We will not be liable for any loss,
consequential or otherwise, loss of
profits, damage to property, wasted
expenditure or cost of mitigation, due to
misuse or defect or damage or alteration
of the supplied Goods or for any other
reason.
7.3 Where insurance cover quotations are given, this is for guidance only and it is the responsibility of the Customer to confirm the level of cover with their own insurance companies or agents.
7.4 Whilst every effort is taken to ensure all measurements given are correct, all measurements should be considered approximate.
Character Merchandising, Brand Names:
8.1 The Customer shall indemnify us against any claims for infringement of any copyright, registered design, trade mark, brand name or other exclusive right.
Customer Returns:
9.1 We will only accept goods for return where they are in good condition, in the original packaging and in pack quantities, if this has been firstly agreed at the time of sale and subsequently confirmed in writing. Such goods may be subject to a handling charge (our errors and omissions excepted).
Payment:
10.1 Full payment must be received prior to despatch unless credit terms have been agreed.
10.2 Payment for credit accounts is due by the end of the month following the invoice month.
10.3 Where settlement discount is
offered and subsequently taken, payment
must be within the agreed settlement
period.
10.4 We reserve the right to pass on
bank charges, together with a handling
charge where cheques are represented
or dishonoured.
10.5 We reserve the right to charge
interest on all overdue accounts at the
rate of 3% per annum above the Base
Rate of HSBC PLC in force at the
time when payment was due.
Prices:
11.1 Prices shown are correct at the
time of publication of our hard copy price
list. We reserve the right, however, to
invoice at the prices ruling at the time of
supply.
Any orders placed online will be invoiced
at the price published on our website
at the time of ordering.
11.2 We reserve the right to amend prices, however, every effort will be made to notify such changes at the earliest date.
11.3 Any invoice query must be reported within 14 days of invoice date.
11.4 Discounts are available in certain instances and details may be obtained from us.
V.A.T.:
12.1 Our goods are sold subject to Value Added Tax at the current Standard Rate.
Carriage Paid:
13.1 Orders exceeding a net value of £35 are carriage paid to most addresses in the UK.
13.2 Express delivery, where requested by the customer, will be charged at cost.
13.3 We reserve the right to amend the minimum carriage paid order value at any time without notice.
Legal:
14. These conditions and all other
expressed terms of any contract or order
shall be governed and construed in
accordance with English law.
E&OE
31st December 2006
