ATP Projects Ltd. – Conditions of Sale
Our quotations are not binding. Orders are only valid when they have been confirmed by us in writing.
Our prices as in order confirmation are valid. Should salaries or material costs rise in the period between order confirmation and delivery we reserve the right to alter our prices accordingly.
Our order confirmation is valid for delivery Lead time will be agreed at placement of order. Indications of delivery are approximate and unbinding. No claims can be made for delay or late delivery. In all cases, we reserve right of delivery.
4: Project Approval
The purchaser is responsible for the accuracy of drawings including but not limited to typesetting, spelling, colour referencing, dimensions and specification. Once a Project Approval Form is signed by the purchaser ATP Projects Ltd is responsible for producing products as per drawings referenced in the Project Approval Form
5. Payment Conditions
Payment must be made within 30 days of the date of our invoice, cash, without deduction. All goods remain the property of ATP Projects Ltd. until payment is made in full. If payment is overdue, we are entitled to invoice charges and interest on arrears at the interest base rate of the Santander Bank plus 8%. Resulting charges will be carried by the customer. Withholding of payment or settlement with counter-claims is not permitted.
6. Risk and Storage
All risks are carried by the purchaser from the moment the goods leave the supplier's works. If despatch is delayed through the fault of the purchaser the risks and storage costs are transferred to the purchaser from the day that the goods are ready for despatch.
We are responsible for guaranteed goods only within the following limits:-During a period of 12 months from the date of manufacture. All pieces which are partially or completely unserviceable through our fault will be repaired or replaced by us free of charge. We are responsible for defective manufacture or faulty material, provided that the goods have been correctly employed. We must be informed in writing immediately of any defects and the defective goods held for our inspection or returned to us on demand, otherwise we cannot be held responsible. We are not responsible for defects due to normal wear and can also not be held responsible if installations have been modified without our agreement and / or if repair or replacement by us is made more difficult by this modification. If the purchaser has not fulfilled the Payment Conditions, we are not obliged to eliminate any defects. Our guarantee is restricted to the repair of materials we have supplied and the replacement of defective parts. Claims for the restitution of damages which are not on the supplied material itself, cannot be made by the purchaser.
8. Annulment by Purchaser
The purchaser may cancel the contract if a part is not repaired or replaced in good time, although enough respite was granted, or if replacement is impossible.
9. Annulment by Supplier
We reserve the right to demand a guarantee or to withdraw from the contract after invoicing the
accrued costs if after conclusion of the contract we learn that the purchaser is in an unfavourable financial position.
10. Reservation of Property
All goods remain the property of ATP Projects Ltd. until all the conditions of sale have been observed and payment made in full. The buyer agrees that ATP Projects Ltd. and its servants and agents shall have the right of entry to the premises of the buyer or its successors and assigns to exercise any rights of the seller under these conditions and the buyer agrees to obtain the consent of such entry and repossession by any third party having possession of the goods. The right is also reserved to insure goods supplied against fire, water and such other damages as may be appropriate at the expense of the buyer.
11. Intellectual Property
All intellectual information including but not limited to design, programming or quotations and price lists, remain the property of ATP Projects Ltd unless the transfer of ownership is agreed in writing. information supplied by ATP Projects shall not be transferred to a third party without prior written agreement. Should a third party gain possession, the person who received the documents from us is liable.
This contract shall be constructed and operate in accordance with English Law and the Buyer hereby submits himself to the jurisdiction of the English courts.
Should any of the above conditions be annulled by virtue of a special contract all other conditions remain valid.