Terms and conditions of sale
- All goods supplied by us are sold only upon the following conditions. The placing of an order for any such goods, or the acceptance of our quotation, includes the acceptance of the following conditions. Unless expressly agreed by us in writing, any other terms and conditions (including any which may be contained in your order) are excluded. Unless expressly incorporated in our quotataion,all illustrations,drawings,dimensions,weights,measures,specifications,standards of performance or other descriptive matter or pre-contractual statements are approximate only and shall not form part of the contract. Our record of any order placed by you verbally shall be conclusive as to the type and quantity of produce and the point and date of delivery.
- Unless previously withdrawn, our quotation is open for acceptance within the period stated there in or when no period is so stated, within 30 days after its date, and is subject to written confirmation by us at the time of acceptance. All goods are offered subject to their being available upon receipt of order.
- Time shall never be the essence of the contract in the matter of dispatch and delivery. Delivery shall be made in the place to which the goods the subject of the order would normally be dispatched unless otherwise specified on acceptance of the order. The buyer’s failure to take or accept delivery when due or made or to give adequate delivery instructions may lead to additional costs being incurred which will be charged to the buyer. We reserve the right to choose the method of transport and to charge the buyer with all manufacturers’ carriage and delivery charges for special items.
- VAT We shall be entitled to charge the amount of any VAT payable whether or not included on the quotation. (Plus the amount of the delivery relevant taxes or duties which the company is obliged to collect).
- All goods are sold subject to the prices and any relevant discounts ruling at the time of the delivery. Our prices, discounts rates and conditions of sale may be altered at any time without notice. All discounts and prices are calculated upon “whole order” or “majority of the order” basis. If when placing your order you select only certain items or reduced quantities are specified, we reserve the right to review the discounts and prices at which such orders are accepted. Prices are in GBP £, unless otherwise stated.
- Passing of property .Notwithstanding delivery, all goods supplied by us will remain our absolute property until you pay us in full for them and for all other goods previously supplied by us. You will store the goods in such a way that they are readily identified as our property, but you may as trustees for us, sell them to a third party in the normal course of your business. Upon any sale by you of the goods (either alone or with other items) all rights, which you have against the buyer, shall automatically vest in us. We shall be entitled, immediately after giving notice of our intention to reposses, to enter upon any premises with transport as may be necessary and repossess any goods to which we have title under this clause.
- Payment terms. Unless otherwise stated and agreed in advance of order. Payment in full without retention or set-off shall be due no later than the end of the month following that in which the goods were delivered, or on earlier demand. If you do not comply punctually with these terms of payment we reserve the right to charge you interest on any amount overdue at a rate of 4% over the Bank Of England Base Rate current for the time being, and without notice suspend further deliveries until all arrears (including interest) have been paid and, at our opinion, to rescind any substituting contract with you as to all or any parts of future deliveries but without prejudice to any rights already accrued to us under such contracts.
- Performance .It is your responsibility to determine that the goods are sufficient and suitable for the purpose to which they are to be put. We cannot accept any responsibility either in respect of the installation of any goods or as to the ultimate performance of any product in which the goods may be installed. We shall in no way be liable for any direct or consequential damage, loss or expense arising from ant defect or inefficiency by in which the goods are used. All goods are sold on the understanding that the purchaser is familiar with their use and applications.
- Defects after delivery. All goods supplied by us are manufactured by others. Accordingly we shall pass on to you the benefit of the warranty, if any, given by the manufacturer of the goods. Our liability under this clause shall be in lieu of any warranty or condition implied by law as to quality or fitness for any particular purpose of the goods, and shall not be under any liability, whether in contract, tort or otherwise, in respect of any defect in goods delivered or for any injury, damage or loss resulting from such defects or from any work done in connection there with.
- Return of goods. In no circumstances may goods supplied against a firm order be returned without prior consent .All returns to Alex Nangle Electrical Ltd require a Sales Return Number (SR).To arrange a return number please contact
Alex Nangle Electrical Ltd
Unit 1 Telford Square
Houston Industrial Estate
Livingston West Lothian
Tel 01506 449400 Fax 01506 449 403
Please supply- Name of customer, date of supply, your order number, part number and quantity to be returned. Reason for return/repair/damages/short shipped/credit request etc. Your request will be evaluated before a SR number is supplied along with Alex Nangle Electrical Ltd returns/credit paper work. All goods returned must be in original packaging undamaged and in a re saleable condition. If the customer is arranging return shipments we cannot accept liability for lost or stolen shipments and will only credit goods which have” arrived” at our premises for return, for this reason we recommend customers arrange “traceable” shipment delivery services. Goods will be inspected on arrival and may be returned to the manufacturer for further inspection or testing, before authorisation of monetary credits or replacements. Notification of damages and short shipments must be notified as above within Three working days of delivery. Goods must be returned at buyers own cost within seven working days, including Alex Nangle SR numbers and relevant paperwork. Unless otherwise arranged in advance. We reserve the right to make a handling charge, and the issue of a SR notification does not bind us to any credit in respect of the goods. We do not accept returns/or other discrepancy requests for orders delivered any older than 60 days or non stock items unless with prior written consent.
- Termination.We may without prejudice to our other rights and remedies determine the contract or any unfulfilled part of it or withhold further deliveries or make partial deliveries if-
You fail to make payment on the due date under this or any contract between us.
You purport to cancel or suspend or commit any breach of this or any other contract between us.
You become insolvent or make any composition with your creditors or have a receiver appointed of all or any part of your undertaking or assets or go into liquidation (save for the purposes of amalgamation or reconstruction) and we shall be entitled to recover from you any loss including any loss of profit or loss of re-sale.
- Nothing in these conditions, however intended to limit any rights you may have as a consumer under Scottish Law.
- Anti Bribery compliance. If carrying out services or activities on our behalf, you shall comply fully with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010.Maintain in place throughout the term of this agreement you own policies and procedures, including adequate procedures under the Bribery Act 2010 to ensure compliance with the relevant laws. Report immediately to Alex Nangle Electrical Ltd any requests or demands for any undue financial or other advantage of any kind received by you in connection with any activity carried out on our behalf, ensure any person associated with you who is performing services or providing goods in connection with this agreement does so only on the basis of written contract which imposes on and secures from such person terms equivalent to those imposed on you in this clause.
- ROHS.compliance.We will ensure compliance with the restriction of use of certain hazardous substances in electrical and electronic equipment (RoHS).This came into force 1st July 2006, and is an article 95 single market directive. In short it ensures that new products brought onto the market after 1st July 2006 does not contain more than the agreed amount of “blacklisted” chemical substances. Our supply chain is bound by our terms and conditions to comply with this legislation.
- ATEX. Compliance. All hazardous area equipment supplied by Alex Nangle Electrical Ltd is compliant to the ATEX directive 94/9/EC that became mandatory on 30th June 2006 except where items are specified by the purchaser. In the event that a request for goods does not meet these criteria, we will hold and highlight pending purchase approval and written acceptance of non-approved electrical equipment.
- Force Majeure .The company shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or to goods delivered that is caused by an event or circumstances beyond its reasonable control.
- Confidentiality.The buyer will use all reasonable endeavours to ensure that the sellers confidential information is not copied or disclosed to any third party whatsoever except upon the prior written authority of the seller.
- Governing Law. The contract between us shall be governed by and interpreted in accordance with Scottish Law and you accept that Scottish courts shall have exclusive jurisdiction to resolve any disputes between us.