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.
(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.
(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.
(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 warrantycards, licences, manuals and accessories (if any). Then send the package to the address below:
Access Appraisals Ltd.
The White Cottage
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 shal 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.
(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.
(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 anyresolution 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.
(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.
(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.
(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.
(a) Headings have been included for convenience only and will not be used in construing any provision in the Agreement.
(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.