Terms & Conditions

General

All quotations made and orders received are subject to these Conditions of Sale without alteration unless confirmed by the Seller in writing.
These Conditions of Sale shall apply to all contracts for the supply of goods and/or services by All Ventilation & Extraction Ltd whose registered address is situated at Bank House, Southwick Square, Southwick, West Sussex BN42 4FN (The Company, the seller, Us, We, Our) and You (The Buyer).
These terms and conditions override all others. It is assumed because they are readily available across the customer base that these terms will have been seen and accepted prior to any orders being placed.

Validity

Unless otherwise stated, any quotation issued by the Seller will be open for acceptance within 30 days and shall then lapse.

Price and payment

a) The price of the Products/Services shall be as at the date of delivery/ performance.
b) We may vary Our prices in relation to the Products/Services which We have agreed to supply where the increase is to take account of increases in costs fluctuations in exchange rates, expenses and/or materials suffered by Us.
c) Our prices exclude VAT, taxes, duties, and/or other charges for which You shall additionally be liable.
d) Our terms of payment are 50% deposit prior to commencing any works net cash or cleared funds and balance within 30 days from the date of invoice. Time for payment shall be of the essence. Unless stated otherwise on our quote to You.
e) If You fail to make any payment in full on the due date, We may charge any reasonable additional administration costs and/or interest (before and after judgment) on the amount unpaid at the rate of 2% above the base rate, from time to time of Our bank or the then prevailing rate of interest under the Late Payment of Commercial Debts Commercial Debts (Interest) Act 1998 (as amended), whichever is the
higher. Such interest shall be compounded with monthly rests.
f) You shall pay all sums due to Us under this Contract without any set-off, deduction, counterclaim
and/or any other withholding of monies.
g) Payment shall not be deemed to be made until We have received cleared funds for the full amount outstanding.
h) If payment in full is not made to Us when due We may withhold or suspend future or current
deliveries of the Products/Services/Certification and delivery/performance under any other agreement with You.
i) If any Services are cancelled or this Contract terminated, or delivery/performance is suspended before
completion of the Services We shall be entitled to be paid on a quantum merit basis for that part of the
Services performed. We may invoice You accordingly and such monies shall be immediately due for Payment
j) All products supplied by Us reaming ours until full payment has been fully made. We will proceed to remove products if full payment is no t met.

Delivery

a) Delivery dates are estimates only and the time of delivery shall not be of the essence of the contract. We shall not in any event be liable to compensate the Buyer for any damages or otherwise for non-delivery or late delivery of goods or for any loss consequential or otherwise arising therefrom. Penalty charges will not be accepted under any circumstances.
b) Our adherence to promised delivery dates is subject to not being delayed by lack of instructions, site dimensions etc.
c) The Buyer shall provide adequate unloading facilities at the place of delivery.
d) If adequate notice of approximate arrival time is required this must be stated on the order.
e) Any assistance given by the Carrier beyond the usual place of collection or delivery is at the sole risk of the Buyer.
f) Unless expressly agreed in writing, our prices only cover delivery on normal working days and during normal working hours. All deliveries made or work done at the Buyer’s request outside normal working hours will be subject to extra charges.

Samples & Specials

Samples submitted and illustrations in catalogues or literature must be accepted as showing type class and general character only, without warranty or guarantee as to colour, substance, size, thickness, and shape.
Where the goods supplied are to the Buyer’s design the Seller will not be responsible for the operation or performance of the goods.

Cancellation

a) Standard items. A cancellation charge of 15% of net invoice value will be made if you, The Buyer, cancels.
b) Specials. Once manufacture has commenced, cancellation of specials to a Buyer’s specific requirements will involve in addition to the cancellation charge, any manufacturing costs incurred.
c) No return can be accepted without prior written approval.

Title & Reservation

a) Title to the goods will not pass to the Buyer until payment has been received in full.
b) If the Buyer shall default in payment of any sum due to us, we shall be entitled forthwith to repossess any goods and the Buyer shall, for that purpose, afford us access to and we shall be entitled to enter any premises in the occupation of the Buyer or to which he has access and where the goods may then be situated.

Defective goods / Manufacturers warranty

Where the goods supplied are to the Seller’s design and manufacture,
defects will be made good subject to the following conditions:-
a) The Buyer shall notify the Seller in writing as soon as is practicable after the defect becomes known.
b) The Seller has the opportunity to examine the goods.
c) There has been no neglect or misuse or incorrect installation of the goods.
d) Liability is limited to the free repair within a period of 12 months from despatch from the Seller’s premises.
e) Where goods or components are not of the Seller’s design and manufacture, the Seller’s liability shall be limited to the guarantee of the Supplier.
f) The Seller offers a full 12 months parts and labour warranty against defective parts or manufacturing error. Carriage charges apply.
g) This warranty only applies between the Buyer and the Seller and may not apply if the goods are subsequently sold on.

English Law

Every contract to which these conditions apply shall be construed and operate as an English contract and in accordance with English Law and all disputes shall be submitted to the jurisdiction of the English Courts.
These Terms and Conditions are readily available, and it is assumed that all customers will have read and accepted them. These terms and conditions override all others of customers or suppliers to AVE Ltd.

Data Protection

In order to enable the company’s bankers/financiers to provide an adequate service, information provided by customers and suppliers may be used or passed to other bodies for acceptable business purposes only.
Further details available on request.

AVE Ltd
Unit 7, Avocet Trading Estate,
Victoria Gardens, Burgess Hill
West Sussex
RH15 9NH
Tel: 01444 230010

Law

These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

Signed on behalf of AVE Ltd