Standard Terms and Conditions of Sale - the "conditions"
The terms of the conditions are incorporated into all contracts (whether written or oral) between ACUK and a customer for the supply of goods or services (of whatever nature) and shall prevail over any terms put forward by a customer, unless ACUK expressly agrees to them in writing.
No employee or agent of ACUK has authority to alter or vary the Conditions orally.
No addition to or alteration or variation of the Conditions (in whole or in part) is binding on ACUK unless agreed in writing signed on ACUK's behalf by a Director of ACUK.
Unless previously withdrawn or amended, any offer by ACUK to a customer is open for acceptance to be received by ACUK within 30 days of the date of the offer which failing it shall be deemed to have been withdrawn.
Any written offer submitted by ACUK to a customer supersedes all prior communications between the parties. The Contract and the whole terms of the same will be constituted by ACUK's offer, the Conditions and the customer's acceptance.
All deposits are non-refundable.
Together with its acceptance of ACUK's offer the customer is obliged to forward to ACUK (Part a). all information necessary to enable ACUK to determine that the goods to be supplied are suitable for the purpose stated, and (Part b) sufficient information (including delivery instructions) to enable ACUK to proceed to comply with the order forthwith on the contract coming into force.
(Part a) All goods supplied by ACUK to a customer shall remain ACUK's property until the customer has paid all sums due from it to ACUK on any account whatsoever. Until full payment to ACUK of all sums due by the customer as foresaid, the customer shall store the goods in such a way that they can be identified as ACUK's property, and keep them separate from the customer's own property and the property of any other person. (Part b). Although the goods remain ACUK's property until all sums due from the customer on any account whatsoever have been paid to ACUK, the goods shall be held at the customer's risk from the time of delivery and the customer shall insure them against any loss or damage accordingly. (Part c). The customer's right to possession of the goods shall cease if, (1) The customer has not paid for the goods in full by the expiry of any credit period allowed by the contract; or (2) The customer is declared bankrupt, or becomes apparently insolvent or makes any proposal to his creditors for a composition or other voluntary arrangement; or (3) A receiver, liquidator or administrator is appointed to the whole or any part of the customer's business. On cessation of the customer's right to possession of the goods in accordance with this clause the customer shall, at its own expense, make the goods available to ACUK and allow ACUK to repossess them. (Part d). The customer grant to ACUK, its agents, servants and employees an irrevocable right to enter any premises where the goods are stored in order to repossess them or inspect them at any time.
The customer will pay to ACUK the full price for the goods within 30 days of the date of ACUK's invoice, unless otherwise agreed in writing.
The customer will pay the price of any goods received in full without any discount, deduction, set-off or abatement on any grounds whatsoever.
ACUK may appropriate any payment made by the customer and apply it in total or partial satisfaction of any debt then due from the customer to ACUK.