APPLIED DESIGN AND ENGINEERING LIMITED ADANDE REFRIGERATION LIMITED
TERMS AND CONDITIONS OF SALE
- These are the terms on which Applied Design and Engineering Limited and Adande Refrigeration Limited are willing to supply the items specified overleaf. In these terms, references to Adande shall mean either or both Applied Design and Engineering Limited and Adande Refrigeration Limited. No variation to these terms, nor any other terms or conditions supplied by you shall be of any effect unless recorded in a written document, signed by Applied Design & Engineering Ltd or Adande Refrigeration Ltd. Any terms and conditions issued by you, for example in an order, shall be deemed to be used for your convenience only and will not have any legal effect unless Adande have agreed otherwise, in writing.
- By placing an order you confirm that you are not relying on any statement or representation made by or on behalf of Adande other than what is recorded in a written document signed by Adande.
- Prices quoted by Adande are valid for 90 days.
- All prices include delivery to a single point in the UK specified by you in your order. Adande will deliver either to a dealer or to an end user, as you prefer. The price includes a single tail lift to kerbside, for others to install and commission. Adande dealers will install and commission if required. Insurance in transit is also included: the items become your risk once they have been unloaded from the carrier. In accordance with The Waste Electrical and Electronic Equipment Regulations 2006 we will, if you require, on delivery of each unit collect one item of equipment that our unit replaces (or one item of equipment that fulfils the same function) provided that you meet our charges for so doing, which shall, unless otherwise agreed, be £150 plus VAT.
- Prices do not include VAT, which is also payable by you.
- To place an order please respond to quotations in writing. On acceptance of your order Adande will quote an estimated delivery date and issue an invoice for the first payment due under clause 7 below. All delivery dates are estimates only and whilst Adande will use all reasonable efforts to meet customer requirements no legal liability arises from late delivery.
- On placing an order, we may ask you to pay a non-refundable deposit (the “Deposit”). Any Deposit shall be non-refundable, unless your order is cancelled in the following circumstances:
- you cancel your order because of a repudiatory breach of contract by us;
- we cancel your order, unless we cancel your order:
- as a result of or in connection with an actual or anticipatory breach of contract by you (including breach of any other contract or agreement between us), including (but not limited to) non-payment of the balance of the purchase price prior to delivery;
- in circumstances where clause 10 of these terms applies.
- Sales are invoiced on shipment (less any Deposit, if applicable_. Payment is due prior to delivery, or if you have been granted a credit account with Adande and the order is within your credit limit, 30 days End of Month after delivery. If payments are not made on the due date Adande may withhold delivery and you must also pay interest on the overdue payment at 4% over the base rate of HSBC plc. Each item supplied will remain the property of Adande until full payment has been made for that item. If delivery is withheld on this basis for more than 14 days Adande may, in its absolute discretion, continue with the order, supply the item to another customer and re-schedule a new delivery date or cancel the order and retain the Deposit and any other payments made.
- All items supplied benefit from the Adande warranty, published at www.adande.com, photocopies of which are available on request. The warranty is available to dealers and to the users of the unit and continues to apply even if the unit changes hands. THE WARRANTY IS GIVEN IN PLACE OF ANY OTHER RIGHTS AT GENERAL LAW AND SAVE FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ADANDE (RESPONSIBILITY FOR WHICH IS ACCEPTED) ADANDE WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR ECONOMIC LOSS INCURRED OR SUFFERED BY YOU OR THE END USER IN RELATION TO ANY BREACH OF THIS AGREEMENT, NEGLIGENCE OF ADANDE OR OTHER DEFAULT OF ADANDE. If you purchase the unit as a consumer (not as part of your business) your statutory rights are not affected.
- If, after acceptance of the order, you become the subject of any procedure relating to the affairs of insolvent persons, firms or companies, we may in our absolute discretion either cancel the order, retain payments made up to that date and supply the products elsewhere, or continue to perform the order, subject to your providing reasonable security for performance, as requested by us.
- Adande products are subject to patent, applications for further patents and other intellectual property that is the property of Adande. Adande is a registered trademark of the Company. No consent is given to use any of these patents, trademarks or other rights for any purpose other than to re-sell the product to an end user and then to use it substantially for the purpose for which it was designed.
- We shall not be in breach of these terms or any agreement between us, nor liable for delay in performing, or failure to perform, any of our obligations under these terms or any agreement between us, if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 6 months, you may terminate this agreement by giving 21 days’ written notice to us.