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In these Terms and Conditions of sale ("Conditions") all
references to "Seller" are to AZTECH ENGINEERING and all
references to "Buyer" are to the person,
firm or Company who buys or agrees to buy the goods or
services from the Seller.
a)These Conditions shall apply to all contracts for the
sales of goods by the Seller to the Buyer to the exclusion
of all other terms and conditions including any terms or
conditions which the Buyer may purport to apply under any
purchase order, confirmation order or similar document.
b)All orders for goods shall be deemed to be an offer by
the Buyer to purchase goods pursuant to these Conditions.
c)Acceptance of delivery of the goods shall be deemed
conclusive evidence of the Buyer"s acceptance of these
d)Any variation to these Conditions (including any special
terms and conditions agreed between the parties) shall be
inapplicable unless agreed in writing by the Seller.
A quotation by the Seller does not constitute an offer and
the Seller reserves the right to withdraw or revise the
same at any time prior to the Seller"s acceptance of the
Buyer"s order. In any event any order sent by the Buyer
shall be accepted at the Seller"s discretion.
The prices payable for goods or services shall be as
advised by the Seller and will be the current price at the
time of dispatch. The Seller has the right to revise
prices and withdraw any discount at any time. All prices
are subject to carriage charges where applicable. Where
applicable VAT will be charged at the current rate at the
date of invoice.
All queries including invoices must be submitted in
writing within seven days of invoice date.
TERMS OF DELIVERY
a)Delivery dates mentioned in any quotation or the
Seller"s acknowledgement of order or any other document
issued by the Seller are given in good faith by the Seller
and are estimates only, but the Seller shall use every
reasonable endeavour to meet them. However the seller
shall not be any under liability to the Buyer in respect
of any failure to deliver on any such particular date or
dates. Failure by the Seller to comply with any delivery
dates shall not entitle the Buyer to cancel any order or
to refuse to accept delivery or claim any compensation.
b)Delivery shall be at the Buyer"s premises unless other
wise stipulated or agreed in writing by the Seller. The
Seller may charge differently for any delivery to an
c)If the Buyer refuses or fails to take delivery of goods
tendered in accordance with the contract the Seller shall
be entitled to immediate payment in full for the goods so
tendered. The Seller shall be entitled to store at the
risk of the Buyer any goods of which the Buyer refuses or
fails to take delivery and the Buyer shall in addition to
the purchase price pay on demand all costs of such storage
and any additional costs incurred as a result of such
refusal or failure. The Seller shall be entitled after
the expiration of one month from the date of refusal to
take delivery to dispose of the goods in such manner as
the Seller may determine.
DELIVERY AND RISK
Unless specifically so stated in the quotation or estimate
the price quoted or estimated by the Seller does not
include the cost of carriage or delivery either to or from
the Seller"s works. Insurance during carriage shall be
effected as agreed between the parties but in the absence
of agreement shall be the responsibility of the Buyer.
The Buyer shall notify the Seller and the Carrier of any
shortage in the delivery, or any damage or defect to the
goods. Such notification shall be made by telephone as
soon as practically possible and in every case shall be
confirmed in writing within four days of such delivery.
Property in the goods shall remain with the Seller, not
withstanding that the delivery has occurred and the risk
has passed to the Buyer, until such stage as the Buyer has
paid for the goods in full. Until property in the goods
shall have passed to the Buyer under the terms hereof.
a)The Buyer shall be liable to the Seller for any loss or
damage to the goods, howsoever caused, and shall insure
the goods in the Seller"s name to its full value.
b)The Buyer shall ensure that at all times after the
equipment has been delivered until full payment has been
made, the equipment shall be identified in such a way as
to show that it remains the property of the Seller.
c)The Buyer shall not mortgage, charge or otherwise
incumber the goods or dispose of it, until payment has
been made in full.
a) Goods, unless not of our manufacture (see b ii),
have a 12 month, unlimited mileage, parts only, return to
base, warranty. The only liability accepted by the
Seller for the repair or replacement of any defective
goods is a liability to the original buyer for the repair
or replacement of the parts, free of cost to the buyer, of
goods of its manufacture, which are established to its
reasonable satisfaction to have been faulty at the time of
dispatch or in the liability period only.
b) Such liability does not extend to any defect in
the goods in the case of
i) caused by incorrect fitting, neglect or default of the
Buyer or of any third party or for the unsuitability of
the goods for fitting or mixing with other goods, improper
use and maintenance of the goods in accordance with the
instruction manual or other notices.
ii) Goods not of the Seller"s manufacture but where
appropriate the Seller will endeavour to obtain for, and
at the expense of the Buyer, the benefit of any other
warranty in relation thereto
c) Outside the United Kingdom Liability does not
extend to any carriage costs incurred for the return of
goods for inspection, nor for the return of any repaired
or replacement parts, unless specifically agreed between
the Seller and the Buyer.
d) Subject as provided above, the Seller shall be
under no liability whatsoever either during or after the
defects liability period whether founded in common law or
statute arising from the Seller"s negligence or that of
any person for whom the Seller is vicariously
liable, for any form of consequential or other loss
howsoever caused, and is to be indemnified by the Buyer
against all liability in respect thereof.
INTERFERENCE WITH MARKINGS
The Buyer shall not alter, obscure, remove, conceal or
otherwise interfere with any markings, or identification
placed by the Seller on the goods.
THIRD PARTY RIGHTS
If the Buyer uses or sells the goods in such manner as to
infringe any rights of a third party the Seller shall not
be responsible for such infringement nor for any alleged
infringement arising from the Buyer"s actions in relation
to the goods and the Buyer hereby agrees to indemnify the
Seller for and against all liability arising therefrom.
The Buyer shall not make any representation warranties or
guarantees with reference to goods supplied by the Seller
except such as are consistent with these Conditions.
INTERPRETATION OF EXPORT TERMS
The interpretation of export trade terms shall be in
accordance with Incoterms 1990 (current reprint) unless
overridden by the Conditions.
If the supply of goods by the Seller is prevented hindered
delayed or rendered uneconomical by reason of circumstance
or events beyond the Seller"s reasonable control including
but not limited to act of God, restrictions, restraint or
interference by any government or government or official
body or any legislation rules or orders they may make,
riot, strike, lock-out, trade dispute or labour
disturbance, accident, breakdown of plant or machinery,
fire, flood, severe weather conditions, difficulty or
increased expense in obtaining workmen, materials, or
transport or other circumstances affecting the supply of
the goods or of raw materials therefore by the Seller"s
normal source of supply or the manufacture of the goods by
the Seller"s normal means or the delivery of the goods by
the Seller"s normal route or means of delivery, the Seller
shall be under no liability to the Buyer and shall have
the right to cancel or suspend the whole or any part of
the Seller"s unfulfilled obligations and in the event of
any such cancellation or suspension to treat the terms of
the contract as having been modified accordingly by mutual
TERMS OF PAYMENT
a) Payment shall be made in full by the Buyer to the
Seller without any deduction or set off in accordance with
terms agreed in writing between the Seller and the Buyer
and in the absence of such agreement before dispatch of
b)Any extension of credit may be changed or withdrawn at
any time by the Seller.
c)On failure to settle an invoices in accordance with the
terms of sub clause (a) or (b) above of this clause the
Seller may charge the Buyer interest on overdue accounts
from the due date thereof until receipt by the Seller of
the full amount at 3% above Barclays Bank base rate and
shall accrue on a daily basis and at such rate after as
well as before any judgement.
d)Any sums which may be owing by the Seller to the Buyer
(whether under this contract or otherwise) may be set off
in extinction or diminution of amounts from time to time
due from the Buyer.
DEFAULT BY OR INSOLVENCY OF THE CUSTOMER
If the Buyer shall be in breach of any of its obligations
under the Contract, or if a distress warrant, or other
form of execution is levied against the Buyer, or if the
Buyer shall make or offer to make any arrangement with his
creditors or have bankruptcy proceedings taken against
him, or (if a Limited Company) have a receiver appointed
or enter into liquidation, whether compulsory or
voluntary, the Seller shall at any time thereafter be
entitled to determine the Contract.
Notwithstanding any such determination the Buyer shall pay
the Seller for all services rendered and goods delivered
until and including the date of termination.
Without prejudice to any other rights or remedies which
may be available to the Seller, the Seller shall in
respect to all debts due from the Buyer to the Seller have
a general lien on all equipment and property belonging to
the Buyer which is the Seller"s possession and shall be
entitled upon the expiry of 14 days notice to the Buyer to
dispose of such equipment and property as the Seller
thinks fit and to apply the proceeds of such disposition
towards settlement of such debts.
This Contract between the Seller and the Buyer as
principals. The Buyer may not assign the contract without
prior written consent of the Seller. The Seller may
license or sub-contract any part of its rights and
obligations under the contract without the Buyer"s
Any notice given under contract shall be serviced by
sending the same by registered post to the other party"s
last know address, or in the case of the Seller, to the
MODIFICATION OF TERMS
Any modification or variation of these terms shall be of
no effect unless agreed in writing by the Seller and the
Failure by the Seller to exercise or enforce any rights
hereunder shall not be deemed to be a waiver of any such
right nor operate so as to bar the exercise or enforcement
thereof at any time or times thereafter.
LAW OF THE CONTRACT
This Contract shall be governed and construed in
accordance with the Laws of England.