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Alwin's Terms and Conditions

TERMS AND CONDITIONS OF SALE

The following are terms and conditions

"The Conditions" are the terms on which Alwin Ltd "The Company" sells to other businesses and supersede all other terms and conditions used by the company

1. ORDERS, PRICE AND PAYMENT

1.1 No contract shall come into existence until the company confirms the goods in writing.

1.2 The price (exclusive of VAT) for the goods shall be the quoted price of the company and payment of the price shall be made by the buyer no later than the end of month following month of invoice and time for payment shall be of the essence

1.3 If the price is not paid by the due date, the buyer will be liable to additional payment. interest will accrue from the due date on the unpaid portion of the price at the rate of eight percent above the base rate of the Bank of England

1.4 Any cancellation of any orders by the buyer must be in writing, and agreed as cancelled also in writing by the company, in any case of any cancellation, the buyer may be released from its obligations under the contract after payment of a sum for reasonable liquidated damages

2. GOODS

2.1 The description and quantity of goods to be sold "The Goods" shall be as set out in the quotation provided by the company to the buyer "The Buyer"

3. DELIVERY

3.1 The company shall deliver the goofs to the buyers address and on the date as both are shown on the quotation. Time shall not be of the essence for delivery. The buyer shall make all necessary arrangements to take delivery of the goods on the date notified by the company for delivery

4. ACCEPTANCE

4.1 The company must be advised in writing by recorded delivery of any defects in the goods as soon as they are discovered by the buyer who shall be deemed to have accepted the goods if they have not been rejected on or before the 3rd day after delivery. The buyer shall not be entitled to reject the goods in whole or part thereafter

5. TITLE AND RISK

5.1 The goods shall be at the risk of the buyer following delivery and, not withstanding delivery, of goods shall not pass to the buyer until the buyer has made payment of all sums owing to the company, failing which the company shall have the right to repossess or otherwise recover the goods. Until title passes the buyer shall hold the goods bailee for the company and shall store or mark them so that they can at all times be indentified as teh goods of the company

6. LIMITATION OF LIABILITY

6.1 Save in respect of personal injury or death due to any negligence, the company shall not be liable to the buyer in respect of any loss suffered by the buyer due ot any defect or loss of goods

6.2 Without prejudice to condition 6.1 the company shall not be liable to the buyer or any third party for any loss of profit, consequential or other economic loss suffered by the buyer arising in any way from this agreement

7. SET OFF AND COUNTERCLAIM

7.1 The buyer may not withhold payment of any invoice or the amount due to the company by reason of any right set-off or counterclaim which teh buyer may have or allege to have or for any reason whatsoever

8. FORCE MAJEURE

8.1 The company shall not be liable for any default due to any circumstance beyond the reasonable control of the company including but not limited to, Acts of God, Civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply

9. PLACEMENT OF SKIPS & BINS

9.1 All and any skips left on site must be insured by the customer and are the customers responsibility at all times when on their premises and must be kept in good working order at all times

10. GENERAL

10.1 f any term or provision of these conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these conditions had been agreed with the invalid, illegal or unenforceable provision eliminated

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