Abbeygate Supplies
Terms & Condition
  Business customers and consumers   Price
  Delivery   Risk
  Payment Terms   Title
  Warranties   Specification
  Return of Goods   Cancellation
  Waiver and Variations   Force Majeure-Business Customer only
1. Business customers and consumers
Some of these terms only apply to consumers only, some apply to business customers only, those terms are marked as such.
1.2 All other terms apply to customers.
You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business or if you use the goods in the course of your business.

If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer, which are not affected by these terms. Contact your local trading standards office for more information. Words in italic are legal words, which sclarify, rather than alter, the meaning of the relevant clause.

2. Price
The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
2.2 Our quotations lapse after 30 days (unless otherwise stated).
The price quoted excludes delivery and is subject to availability (unless otherwise stated)

Business Customers: unless otherwise stated, the price quoted to business customers is an illustrative estimate only and the price charged will be at our price current at the time of delivery.

2.5 Business Customers: rates of tax and duties on the goods will be those applying at the time of delivery.
2.6 Business Customers: at any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
2.7 Any extra cost for special delivery or express delivery is not included in the price. You will be charged for these alternate deliveries (unless otherwise agreed)
2.8 You will be charged for pallets at the price current at the time of delivery, unless they returned by you in good condition and within 30 days of delivery. All packs and cartons rates are based on one colour and one size.
3. Delivery
All delivery times quoted are estimates only.
3.2 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
3.2.1 You may not cancel if we receive your notice after the goods have been dispatched.
3.2.2 And if you cancel the contract, you can have no further claim against us under that contract.
If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for the delay (including indirect and consequential loss, or increase in the price of goods.

We may deliver goods in instalments. Each instalment is treated as a separate contract.

3.5 We may decline to deliver if:
3.5.1 We believe it would be unsafe, unlawful or unreasonably difficult to do so or;
3.5.2 The premises (or access to them) are unsuitable for the vehicle.
We may deliver goods with a 5% more or less weight or measurement than the brochure states or that you order. You shall not be entitled to reject the whole of the consignment if there is a variation in size, weight or colour.
4. Risk
The goods are at your risk from the time of delivery.
4.2 Delivery takes place either:
4.2.1 At our premises (if you are collecting them or arranging carriage)
4.2.2 At your premises or address specified by you (if we are arranging carriage)
You must inspect the goods on delivery. If any goods are damaged or not delivered you must write to us within three days of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods.
5. Payment Terms
You are to pay us in cash or in cleared funds on delivery, unless you have an approved credit account.
Business Customers if you have an approved credit account payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.
If you fail to pay us in full on the due date we may:
5.3.1 Suspend or cancel future deliveries.
5.3.2 Cancel any discount offered to you.
5.3.3 Charge you interest at the rate set under section 3 of the Late Payments and Commercial Debts (Interest) Act 1998.
a. Calculated (on a daily basis) from the date of our invoice until payment.
b. Compounded on the first day of each month.
c. Before and after any judgement (unless a court orders otherwise)
5.3.4 Claim fixed sum compensation from you under section 5a of that Act to cover our credit control overheads costs.
5.3.5 Recover (unless under clause 5.8) the cost of taking legal action to make you pay.
If you have an approved credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may take any of these actions at any time and without notice.
5.5 Business Customers, you do not have the right to set off any money you may claim from us against anything you may owe us.
Consumers; you may only set of money you claim from us against money you owe us with our written agreement and on such terms as we may state.
5.7 While you money to us, we have the right to keep any property we may hold of yours until you have paid us in full (a lein).
You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
5.9 Consumers, clause 5.8 means that you are liable to us for losses we incur because you do not comply with these terms. We may claim these losses from you at any time and if we have to take legal action we will ask the court to make you pay our legal costs.
6. Title
Consumers your statutory rights are unaffected.
Business Customers; until you pay all debts you may owe us:
6.2.1 All goods supplied by us remain our property.
6.2.2 You must store them so they are clearly identifiable as our property.
6.2.3 You must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us.
6.2.4 You may use those goods and sell them in the ordinary course of your business but not if:
a. We revoke that right (by informing you in writing)
b. You become insolvent.
Business Customers: you must inform us (in writing) immediately if you become insolvent.
If you have an approved credit account we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may take any of these actions at any time and without notice.
6.5 Business Customers: we have your permission to enter any premises where the goods may be stored.
6.5.1 At any time to inspect them.
6.5.2 After your right to use and sell them has ended, to remove them, using reasonable force if necessary.
Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
6.7 You are not our agent. You have no authority to make any contract on our behalf or in our name.
7. Warranties
We warrant the goods.
7.1.1 Comply with their description.
7.1.2 Are free from material defect at the time of delivery (as long as you comply with clause 7.4)
Business Customers, we give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods of their fitness for any purpose.
Consumers; the warranty is in clause 7.1 is in addition to your statutory rights.
7.4 If you believe we have delivered the goods which are defective in material or workmanship, you must:
7.4.1 Inform us (in writing), with full details as soon as possible and
7.4.2 Allow us to investigate (we may need access to your premises and product samples).
If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 7.4) in full, we will (at our option) repair the goods replace the goods pr refund the price.
We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples follow)
7.6.1 Direct financial loss, loss of profits, loss of use.
7.6.2 Indirect or consequential loss.
7.7 We are not liable for defects arising from wear and tear, the use of injurious substances with the goods, misuse of the goods or where you do not comply with our recommendations for maintenance or use of the goods.
7.8 We are not liable for third parties who do not inspect the goods prior to processing the goods in anyway. You are correct be accepted for incorrect goods after they have been processed.
7.9 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £10.000.
7.10 For all other liabilities not referred to elsewhere n these terms our liability is limited in damages to the price of the goods.
7.11 Nothing in these terms restricts or limits our liability for death or personal injury
resulting from negligence
8. Specification
If we prepare the goods in accordance with your specifications or instructions you must ensure that:
8.1.1 The specifications or instructions are accurate.
8.1.2 Goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them.
Your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.
Business Customers; we reserve the right.
8.2.1 To make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements.
8.2.2 To make without notice any minor modifications in our specifications we think necessary or desirable.
9. Return of Goods
We will accept the return of goods from you only:
9.1.1 By prior arrangement (confirmed in writing)
9.1.2 On payment of a handling charge; being 20% of the total invoice value (unless the goods were defective when delivered)
9.1.3 Where the goods are as fit for sale on their return as they were on delivery.
9.1.4 No returns will be accepted if the products are decorated or washed or
10. Cancellation
You may not cancel the order unless we agree in writing (and clauses 3.2.2 and 11.2 then apply).
If the order is cancelled (for any reason) you are then to pay us for all the stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
10.3 We may suspend or cancel the order by written notice if:
10.3.1 You fail to pay us any money when due (under the order or otherwise)
10.3.2 You become insolvent.
10.3.3 You fail to honour your obligations under these terms.
10.4 During cancellation, any set up costs incurred will be charged in full.
11. Waiver and Variations
Any waiver of these terms is binding in honour only unless:
11.1.1 Made (or recorded) in writing.
11.1.2 Signed on behalf of each party.
11.1.3 Expressly stating an intention to vary these terms.
If the order is cancelled (for any reason) you are then to pay us for all the stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
12. Force Majeure - Business Customers only
If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you without liability.
Examples of those circumstances include an act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty obtaining supplies.
13. General
English Law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
If you are more than one person, each of you is liable for all of your obligations under these terms (joint and several liabilities).