Terms & Conditions

Arboles UK Terms & Conditions of Sale

Acceptance of Orders

The receipt by us of an order shall be deemed to be acceptance of the following Terms and Conditions. These Terms and Conditions shall prevail to the exclusion of any terms or conditions of a purchaser expressed or implied which conflict with these Terms and Conditions.

Ledger Accounts

New accounts opened subject to satisfactory references.

Terms of Payment

  •                 Strictly net monthly unless previously agreed in writing.
  •                 Under the terms of the Late Payment of Commercial Debts (Interest) Act 1988 amended by
  •                 European directive 2003/35/EC, we are entitled to levy interest and/or late payment
  •                 compensation on overdue debts.

Delivery

Promises are made in good faith and are given conditionally upon our being able to secure the necessary materials and without responsibility for delays arising through risks and uncertainties of manufacture, strikes, accidents and other causes beyond our control. No liability can be accepted in case of non-delivery or our inability to fulfil a delivery promise for any reason whatsoever.

Cancellation of Orders

Cannot be accepted without our consent and on conditions which compensate for any loss.

Returns

Fittings supplied cannot be returned for credit without our written permission. A minimum handling charge of 50% will be made on the value of the goods returned and all carriage charges are to be paid by the customer. Specially manufactured fittings will not be accepted for credit.

Carriage Charges

Carriage by normal transport in Great Britain is chargeable. Delivery of export orders are Ex. Works. Special packaging or special delivery requirements will be charged extra. Returnable packing cases, which will be charged for, must be returned carriage paid to secure credit.

Damage in Transit

No claim for damage or for shortage in delivery can be entertained  under any circumstances unless notice in writing is given to the appropriate carrying authority (Road, Rail or Post) and to us within seven days of receipt of the goods. Where goods are accepted without being checked the delivery book should be endorsed “Not examined or counted”. Packages arriving in a damaged condition should be signed for as “Damaged” and where goods advised have not arrived within fourteen days we must be advised in order that we may secure redress from the carrying authority.

Prices

All orders are accepted on the basis of Prices ruling at the date of despatch. Prices are subject to revision without notice.

Replacements

Every care is taken to ensure our products are satisfactory, but any article found to be defective within a reasonable period must be returned to our works for examination and at our discretion it will be replaced or repaired. We do not give any warranty or guarantee in respect of goods supplied.

Exclusion of Consequential Loss

Liability is excluded in respect of any loss or damage, however caused and irrespective of the fundamental nature of any obligation breached or of the fundamental nature or effect of any default, in the following instances:

  • Any loss or profit of use whether suffered by the Purchaser or any other party.
  • Any consequential loss or damage.

Disputes

  • Any dispute under the contract shall be referred to an arbitrator or arbitrators to be appointed by the parties, or in default of agreement by the President of the Law Society, and his or their decision shall be binding on both parties, and this shall be a submission to arbitration within the Arbitration Act 1950, or any statutory modification thereof for the time being in force.
  • These conditions are the contract and shall be subject to and constructed in accordance with English Law.

Title

Irrespective of any other provision contained within these terms and conditions or rule of law or (to the extent it may be excluded) any statutory provision, and not withstanding any course of dealing between the Company and the customer, title to any goods shall not pass from the Company to the customer unless and until:

  • The goods have been delivered in accordance with these conditions; and
  • The customer shall have made payment in full for such goods; and
  • The customer shall have fully discharged all other indebtedness or liability of the customer to the Company.

Pending passing of the Title the Company may require the Customer

  • To mark the goods as being the property of the Company; and
  • To store the goods in such a way that they are clearly identifiable as the company’s products.