STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES OF A J SURFACING (UK) LTD
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods and Services from the Supplier;
1.3 "Goods" means the articles specified in the Quotation;
1.4 "Quotation" means a statement of work, proposal or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 "Services" means the services specified in the Quotation;
1.6 "Supplier" means A J SURFACING (UK) LTD of P O Box 986, Canterbury,Kent CT1 9EE 1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 The Quotation attached to these Terms and Conditions shall remain valid for a period of 3 months.
3.2 The Customer shall be deemed to have accepted the Quotation by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Quotation pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Quotation and is exclusive of VAT and any applicable charges outlined in the Quotation.
4.2 The Supplier accepts UK Sterling payments.
4.3 Payment of the price shall be in the manner specified in the Quotation.
4.4 If the Customer fails to make any payment within seven days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 8% per month on the outstanding amounts.
4.5 Payment by credit or debit card: Payment using a debit card or credit card is required at the time of order. The Supplier will automatically acknowledge your order via e-mail.
4.6 Payment by cheque requires seven days for the cheque to clear. Cheques should be made payable to A J Surfacing (UK) Ltd.
5 DELIVERY
5.1 Delivery of Goods is only available in England, Scotland and Wales.
5.2 While every effort will be made to ensure that all items shown are in stock the Supplier offers no guarantee of availability and this electronic publication does not constitute an offer of sale.
5.2 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.3 All risk in the Goods shall pass to the Customer upon delivery.
6 TITLE
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Quotation or otherwise agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship for a period of 12 months and materials for a period of five years from the date of delivery.
8.5 The Supplier provides the following test data in relation to the Services carried out:
TEST CERTIFICATE: THIS IS TO CERTIFY THAT THE A J SURFACING (UK) LTD PROPLAY PLAYGROUND SAFETY SURFACE has been tested for Critical Fall Height, Critical Fall Height after repeated impact, and ease of ignition, by P H D Paul Hawkins Development Technical Report 93/166 dated November 1994, Confidential Technical Report No 02/732 dated May 2002, and Confidential Technical Report No 92/044 dated October 1992, in accordance with BS 7188, BS4790. and BSEN1177 (1998)
9 CANCELLATIONS AND RETURNS
9.1 Where the Customer cancels the order before the Goods have been dispatched, the Supplier will cancel the order and refund payment to the Customer’s credit card.
9.2 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within seven days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
9.2 In accordance with the Distance Selling Regulations 2000 the Customer has the right to cancel the order up to seven days after the Goods have been received. To cancel the order the Customer must inform the Supplier either in writing, by fax (0870 751 8935) or by email: sales@ajsurfacing.co.uk. Limitations on the return of certain Goods are described at Clause 9.3 and 9.4.
9.3 Stock items which are not cut to order can be returned to the Supplier. Custom cut artificial grass carpet and impact underlay cannot be returned to the Supplier. For those Goods which can be returned the Supplier will arrange with the Customer for the Goods to be collected from the delivery address, and once the Goods have been received in good condition by the Supplier, the Supplier will refund the total amount paid for the Goods, less the cost incurred by the Supplier for collection (this cost is the charge made to the Supplier by the delivery company and will depend on the size of the order). All Goods must be re-packed as they were received. Refunds will be made to the payment card that was initially used to make the purchase, within thirty days of cancellation.
9.4 The Supplier cannot accept returns once the artificial grass carpet or impact underlay has been cut into or used in any other way.
9.5 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and 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 Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
14 CONSUMER RIGHTS
None of the above Terms and Conditions affect the Customer’s statutory consumer rights.
Company information
Registered Office: Stourside Place, Station Road, Ashford, Kent TN23 1PP
Registered in England No: 6185150
