1. Definitions
In these terms and conditions reference to AZS shall mean AtoZ
Supplies the seller of goods and services
under any order or contract with the customer. Customer shall mean the person,
organisation or company placing an order or contract with the seller.
2. Basis Of Sale
Prices for goods stated in any publication issued by AZS or subsequently quoted
should be regarded as an invitation to treat but does not constitute a binding
offer. All orders for goods shall be considered an offer by the Customer to
purchase goods subject to these conditions.
Any variation to these terms shall only be binding upon AZS if they are in writing
and duly authorised by AZS. In all other respects these terms and conditions
shall apply to all quotations and estimates given by AZS to its customers and
shall supersede any other terms proposed.
3. Product Availability
AZS reserve the right to change product brands, specification, units of issue
and suppliers it uses in the course of business.
Where a Customer orders an item which appears in any valid AZS publication,
but which, for whatever reason, is temporarily or permanently unavailable, AZS
will endeavour to contact the Customer and offer a choice of actions including
the offer of a substitute item where these are available.
4. Prices
All prices quoted within any publications issued by AZS are correct at date
of issue and shall only be subject to amendment in circumstances of error or
fluctuation in market conditions. AZS reserves the right to invoice for items
at the price prevailing at the time of delivery without notice of amendment
unless expressly agreed in writing with the Customer.
All prices quoted are exclusive of VAT which shall be charged at the prevailing
rate at the date of invoice.
5. Payment
Payment of AZS, invoices for goods properly supplied, whether full or part orders,
is required within 30 days from the date of invoice unless otherwise agreed
in writing between AZS and the Customer.
In circumstances where payment is not received AZS reserves the right to apply
all or any of the following remedies:
i) charge interest at 2.5% above the Standard Bank Base Rate on outstanding
debts arising from correctly submitted invoices remaining unpaid after the said
30 days. Such charges may be collected retrospectively at any time.
ii) suspend further supplies of goods to the Customer pending settlement of
the outstanding debt and any interest accrued;
iii) take any other reasonable action as appropriate to recover the outstanding
debt and any interest accrued.
The customer shall not be entitled to any set off in respect of outstanding
debts against any monies that AZS may owe the customer in respect of other transactions
6. Delivery
Unless expressly agreed otherwise in writing with the customer any date of
delivery stated in any order or estimate by AZS should be regarded as an estimate
which AZS has undertaken to endeavour to fulfil but shall not be a binding contractual
commitment. AZS will not accept responsibilities for any consequential loss
suffered by the customer in respect of despatch delivery or installation of
goods howsoever incurred.
Any AZS delivery will be accompanied by a requirement for an authorised representative
of the customer to provide a signature on our delivery manifest as proof of
delivery. This shall confirm the number of packages received only; the detailed
content of each package shall be subject to condition 10.
7. Carriage Charges
All orders will be delivered free of charge providing standard deliver is requested. For buyers requiring urgent delivery , a next day delivery service is available and will incur a charge of £7.95 (plus VAT).
8. Passing of Property
Goods supplied to the customer remain the property of AZS until payment has
been received in full. Failure to effect full payment within the terms of payment
for the order shall entitle AZS to immediate repossession of the goods, in addition
to any other terms that may apply.
9. Passing of Risk
Risk for any goods ordered by the customer shall pass upon delivery to customer
premises named in the official order received by AZS.
10. Delivery Queries & Return of Goods
Queries relating to any item requiring return should be notified to AZS Customer
Services or the supplier acting for AZS, within 48 hours of delivery. The return
of goods process is described on the reverse of the delivery notes despatched
with the goods.
11. Cancellation of Order
Cancellation of orders by the customer will only be accepted upon the consent
of AZS. In such circumstances AZS reserve the right to receive reimbursement
of actual costs associated caused by the cancellation.
12. Limitation of Liability
Unless otherwise agreed in writing AZS shall not be liable in any way whether
in contract tort or otherwise for any indirect or consequential loss damage
or injury which may arise from the supply of goods to the customer.
Any warranties and guarantees offered against any goods supplied by AZS shall
not extend beyond that offered by the manufacturers.
AZS will not accept any liability in respect of any advice given or views expressed
connected with any orders placed unless such advice forms part of a contract
agreed in writing.
Except as set out in these conditions, all warranties, conditions or terms relating
to fitness for purpose, quality, merchantability or condition of goods whether
implied by statute or common law are excluded to the full extent permitted by law.
13. Default by Customer
If the customer shall have failed to make payment for goods received:
- Be in receivership or subject to a bankruptcy or winding up order
- In breach of these terms and conditions
- Be in dispute with AZS or any of AtoZ Supplies companies
Then AZS may suspend with immediate effect the accounts of the customer.
14. Force Majuere
Either part to the contract shall reserve the right in circumstances of Force
Majeure, Strike, Civil commotion or material interruption of traffic by road
rail and air to delay, postpone the delivery or acceptance of goods under the
contract.
15. Waiver
Any failure to enforce terms under the contract shall not constitute a waiver
to the enforcement of any other terms under the contract.
16. Notices
Any notice or other document to be served and or given under these terms shall
be duly served if delivered to or sent to by letter post, facsimile to the current
trading address advised within the official order documentation.
17. Law
Unless otherwise agreed in writing any contract to which these terms refer shall
be subject to English Law.