TERMS & CONDITIONS OF SALE
Unless otherwise specified in writing by Abra-Weld, all quotations and contracts for supply of goods by Abra-Weld are made upon these conditions of sale, which shall at all times override any terms and conditions which the purchaser of such goods (Purchaser) imposes or seeks to impose. Delivery of any goods following a quotation for supply made by Abra-Weld will be made only upon Abra-Weld’s conditions. Orders are accepted subject to the Company’s Conditions of Sale.
Payment terms are strictly net monthly (ie payment on or before the end of the month following the month during which the invoice is created) and in default, Abra-Weld shall be entitled without notice to the Purchaser (even if the Purchaser has a contract with a third party) to terminate any outstanding order or quotation, to withhold and/or suspend supplies or to reduce the Purchaser’s credit limit. Abra-Weld shall also be entitled, at their discretion, to receive payment of and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at the time or not. Abra-Weld shall be entitled to charge the Purchaser interest on the amount unpaid at the rate of 3% above HSBC Bank Plc base rate until payment in full is made and the Purchaser will indemnify Abra-Weld in respect of all the costs incurred by Abra-Weld in recovering payment, including the cost of instructing solicitors. In the event that the Purchaser tenders payment by cheque is subsequently returned by the Purchaser’s Bankers unpaid, the Purchaser will also indemnify Abra-Weld in respect of all resulting charges incurred by Abra-Weld.
If any welding consumables are required with specific certification, this must be stipulated in writing at the time of the order.
All prices quoted are subject to VAT, at the current rate in force at the time of sale, where applicable. Prices are correct at time of quotation and are subject to change without prior notice. The price charged to the customer will be the prevailing price at the time of ordering. There is no minimum order value or quantity.
Retention of Title
Although risk in the goods supplied passes to the Purchaser on delivery, legal title in such goods shall not pass to the Purchaser until Abra-Weld has received cleared funds in full payment price for such goods and all other goods supplied by Abra-Weld to the Purchaser for which payment is then due. Until legal title passes, the Purchaser shall hold the goods as Abra-Weld’s fiduciary agent and bailee and shall keep them properly stored, protected, insured and identified as Abra-Weld property, until the time the Purchaser is entitled to resell or use the goods in the ordinary course of its business but shall account to Abra-Weld for their proceeds of sale and pending payment shall hold such proceeds on trust for Abra-Weld absolutely. The Purchaser’s right to resell or use the goods shall terminate automatically if a liquidator or (administrative) receiver or administrator of the Purchaser is appointed or an order is made or a resolution passed for the winding up of the Purchaser. Until such time as legal title in the goods passed to the Purchaser, Abra-Weld may at any time require the Purchaser, its liquidator, (administrative) receiver or administrator to return the goods and/or may repossess the goods entering upon the premises of the Purchaser or any third party where the goods are reasonably believed to be stored. In addition and without prejudice to any other rights or remedy available to Abra-Weld, if the Purchaser is in breach of the payment terms or any of its obligations under this clause, Abra-Weld shall be entitled to cancel the contract, suspend further deliveries, terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action.
Abra-Weld will endeavour to meet delivery dates quoted, but delivery dates are given and intended as an estimate only, and if there are any circumstance whatsoever which prevent or delay delivery, Abra-Weld shall not be bound to supply or make delivery of any goods ordered, nor shall it be liable for any damage or consequential loss or in any other way for failure to supply or delay in delivery when so prevented or delayed. Claims for shortages or damaged goods must be made in writing to Abra-Weld within 3 days of receipt. Claims for non-delivery must be to Abra-Weld within 10 days of date of despatch shown on the delivery note.
The following terms apply except in the case of death or personal injury caused by Abra-Weld’s negligence;
• Risk in the goods passes to the Purchaser on delivery and Abra-Weld shall not be liable for any loss of or damage to or deterioration of the goods howsoever caused and the Purchaser will keep Abra-Weld fully indemnified against all loss and/or liability arising from any such loss or deterioration.
• If loss, damage or deterioration (other than for death or personal injury) is caused by Abra-Weld’s negligence, Abra-Weld’s liability shall be limited to the invoice value of the goods.
• All conditions and warranties as to the quality and fitness for any particular purpose of the good supplied (whether statutory or otherwise) are expressly excluded but (without prejudice on such exclusions) every care will be taken to ensure that goods supplied will conform to Abra-Weld’s standards or to specification (within the limits of reasonable commercial accuracy/tolerance) and if Abra-Weld recognises that goods supplied do not conform to its standard or to specification, Abra-Weld will, in assessing the value of any allowance or replacement which it may agree to make, have regard to the extent/nature of the defect, information given by the Purchaser as to the application of the goods, the use already made of the goods and any other relevant factor, but in any event Abra-Weld’s maximum liability shall be limited to the invoice value of the goods.
• Abra-Weld accepts no liability for consequential loss or damage to property which is attributed to the failure of goods supplied whether due to accident, abuse, incorrect technical assessment by Abra-Weld or its employees/representatives or for any other reason.
All Rights Reserved
We reserve the right to amend Terms & Conditions which are subject to confirmation at the time of application.