1. Conditions applicable and description
- These Conditions shall apply to all contracts for the provision of goods and/or services by Allbrite UK Ltd of 30 Chester street, Mold, Flintshire, CH7 1EG ("Allbrite") to you, (the "Customer"), to the exclusion of all other terms and conditions including any terms or conditions which the to apply under any purchase order, confirmation of order or similar document. A customer who is a private person purchasing goods and/or services for private use will be described where appropriate as the "consumer".
- All orders for goods and/or services shall be deemed to be an offer by the customer to purchase goods and/or services pursuant to these Conditions. Orders may be placed by writing, website, email, telephone, fax or in person. In the case of orders being placed verbally, the Customer agrees to send Allbrite a written order in confirmation of any such orders duly marked with any references given by Allbrite. Customers accept by placing an order it is deemed as evidence of Customer's acceptance of these Conditions.
- Any variation to these Conditions (including any special terms and conditions agreed between parties) shall be inapplicable unless agreed in writing by Allbrite and authorised by one of its Directors.
- Allbrite's employees are not authorised to make any representation concerning the goods and/or services unless confirmed by Allbrite in writing. In entering into a contract the customer acknowledges that it does not rely on any such representation which are not so confirmed.
- While Allbrite shall endeavour to ensure that goods shall be supplied in accordance with any descriptions contained in any specification provided by Allbrite. All illustrations, leaflets, drawings, catalogues or other matter issued by Allbrite and particulars of size, weight, measurements and output performance contained in any of the terms or in any quotation, are approximate only and not binding on Allbrite. Allbrite may from time to time make changes in the specification of goods which are required to comply with any safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.
- Any typographical, clerical or other errors or omissions in any sales literature (Which shall include all specification sheets, plan or drawing), website, quotation, price list, acceptance offer, invoice, or other document or information issued by Allbrite shall be subject to correction without liability on the part of Allbrite.
- The Customer shall be responsible to Allbrite for ensuring accuracy of the terms of any order and any applicable specification or information as required by Allbrite submitted by the Customer and for giving any necessary information relating to the goods within a sufficient time to enable Allbrite to perform the contract in accordance with its terms. If insufficient information, or insufficient specification is provided to Allbrite so as to prevent Allbrite from fulfilling its obligations under this contract, then Allbrite may unilaterally terminate the contract.
- If the goods are to be manufactured or any process is to be applied to the goods by Allbrite in accordance with the specification submitted by the customer, the customer shall indemnify Allbrite against any loss, damage, costs and expenses awarded against or incurred by Allbrite incurred by Allbrite in connection with or paid or agreed to be paid by Allbrite in settlement of any claim for infringement of payment, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the use of customer's specifications.
- The price of the goods shall be Allbrite's quoted price or where no price no price has been quoted (or a quoted price is no longer valid) the price listed in Allbrite's list current at the date of acceptance of the order but shall not include the Installation Price as referred to below. All prices quoted are valid for 28 days only or until earlier acceptance of by the customer, After which time they may be altered by Allbrite without giving notice to the customer.
- Allbrite reserves the right, by giving notice to the customer to the customer at any time before delivery, to increase the price of the goods to reflect any increased costs to Allbrite due to any factor beyond Allbrite's control (Such as, without limitation, any foreign exchange fluctuation, currency regulations, alteration of duties, significant increases in the cost of labour, materials or any other costs of manufacture) any change in delivery dates, quantity or specifications for the goods requested by the customer or any delays caused by any instructions of the customer or failure of the customers to give Allbrite adequate information or instructions.
- Except as otherwise agreed in writing between the customer and Allbrite all prices quoted are on an ex works basis and where Allbrite agrees to deliver the goods otherwise than Allbrite's premises, the customer shall be liable for Allbrite's charges for transportation, packaging and insurance.
- The prices are exclusive of any applicable value added tax unless stated, which the customer shall be additionally liable.
- Delivery of the goods shall take place on the "Delivery Date". The Delivery Date shall be the time at which Allbrite has notified the Customer that the goods are ready for collection, or if some other place for Delivery is agreed by Allbrite, the time at which Allbrite delivers the goods to that place.
- Any dates quoted for delivery of the goods are approximate only and Allbrite shall not be liable for any delay in delivery of the goods however caused. Time of delivery shall not be of essence. The goods may be delivered by Allbrite in advance of the quoted Delivery Date upon giving reasonable notice to the customer.
- If the customer fails to take delivery of the goods or the customer fails to Allbrite adequate delivery instructions at the time stated for delivery (otherwise than by reason by any cause beyond the customers reasonable control or by reason of Allbrite's fault) then without prejudice to any other rights or remedy to Allbrite, Allbrite May:
- Store the goods until actual delivery and charge the customer for the reasonable costs (including insurance) of storage; or
- Sell the goods at the best price readily obtained and (after deducting all reasonable storage and selling expenses) account to the customers for the excess over the price under the contract or charge the customer for any shortfall below the price under the contract.
- Allbrite may deliver goods in separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provision of the contract of sale. The failure of Allbrite to deliver or the failure for the customer to pay for any one or more of the said instalments of the goods shall not entitle the customers to treat the whole contract as repudiated.
- Payment of goods is strictly by cleared funds only payable before dispatch of goods. Cleared funds is defined as payment that has been passed in to the Allbrite UK Ltd bank Account and/or been cleared by the authorised credit card clearance services. Acceptable payment methods are Cash, Cheque, Credit or Debit Card (Excluding American Express, Diners), Direct Bank transfer and Bankers draft. Other payment methods must be agreed by Allbrite UK Ltd finance department.
- Subject to any special terms agreed in writing between Allbrite and the customer Allbrite shall be entitled to invoice the Customer for the Installation Price on or at any time after installation of the goods is completed.
- The Installation Price shall be paid in two stages, 50% of installation cost on confirmation of booking then 50% payable immediately on satisfactory completion of works, The customer must ensure funds are available to provide payment to the Allbrite representative or make phone payment to the Allbrite finance department before the Allbrite representative leaves the premises.
- Interest on overdue moneys under the contract shall be accrued from the date when payment becomes due until the date of payment at the rate of 2.5% per one calendar month and shall accrue at such a rate before as well as after any judgment (s).
- All goods delivered or collected should be checked to ensure all items are correct and you have the correct quantities. It is the responsibility of the customer to check all items for damage. It is the responsibility of the customer to report any shortfall, errors or damages within 24 hours of acceptance of delivery.
- In the event where the customer returns goods due to customer error (without limitation, over ordering, customer errors, goods no longer required) a 30% handling charge will be levied, the 30% charge will be calculated from the expected resale value of the goods returned, if the products are returned with incomplete packaging including but not limited to ripped bags, damaged boxes, incomplete paperwork, etc. will be subject to a 30% handling charge to cover repackaging and restocking of the goods.
- All goods returned under section 5.2 must be undamaged and in good order, including all packaging, manuals, fixtures, etc. If the goods are not in a condition for resale the goods will not be accepted for refund and it will be responsibility of the customer to arrange collection, Allbrite can arrange for dispatch of the goods will be charged at the current rate of that date.
6 Liability of Installation
- Allbrite will not be held responsible for incorrect installation of its products in the case where said products have been fitted by tradesmen not employed by Allbrite UK Ltd.
- Allbrite will not be liable for any problems created through the use of products not endorsed by Allbrite including, but not limited to carpet underlay, adhesive, grout, underlay, thermostats, insulation, laminates, carpets, wood, engineered board, tiles, etc. Please consult Allbrite staff for confirmation of the suitability of products.
- In cases where there is a conflict of instructions with various products and / or installation procedure it is the responsibility of the customer / trade person to seek clarification from the Allbrite technical team before proceeding with installation.