Standard Terms and Conditions of Sale of Goods

AA Fencing UK LTD

1. Definitions

In this document the following words shall have the following meanings:

• Buyer means the organisation or person who buys Goods from the Seller;
• Seller means AA Fencing UK Ltd;
• Goods means the articles to be supplied to the Buyer by the Seller;
• Intellectual Property Rights means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever enforceable;
• List Price means the list of prices of the Goods maintained by the Seller as amended from time to time;
• Lead Time means the time taken to procure raw materials, manufacture, and complete the finishing process. Lead time does not include delivery time;
• Business Day means any day other than a Saturday, Sunday, or bank holiday.

2. General

These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions. Any variation to the Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.

The Seller’s employees or agents are not authorized to make any representations concerning the Goods unless confirmed by the Seller in writing.

3. Price and Payment

The price shall be that in the Seller’s current List Price or as otherwise agreed in writing. The price is exclusive of VAT and other applicable costs. Carriage shall be paid for by the Buyer. Payment terms for both account holders and non-account holders are detailed, and any unpaid balance may result in refusal of delivery or termination of the contract.

4. Lead Time

Any Lead Time quoted by the Seller is approximate. The Seller is not liable for costs incurred by the Buyer or any related party if the Lead Time is affected by factors outside of the Seller's control.

5. Description, Images, and Sample

Descriptions, images, and samples provided by the Seller are for identification purposes only. The Buyer does not rely on any description or image when entering into the contract.

6. Delivery

Delivery shall take place at the address specified by the Buyer. The Seller is entitled to issue charges if the Buyer fails to accept delivery and to allocate offloading facilities. Any issues related to the suitability of the delivery location should be communicated by the Buyer to the Seller in advance.

7. Risk

Risk in the Goods passes to the Buyer at the moment the Goods are received at the Buyer’s premises. If the Buyer collects the Goods, the risk passes when the Goods are entrusted to it or set aside for collection.

8. Title

Title in the Goods does not pass to the Buyer until the Seller has been paid in full for the Goods.

9. Returns

Returns shall be accepted at the Seller’s sole discretion. Custom-made Goods are non-returnable unless defective. Goods must be returned in the condition they were supplied, and restocking charges may apply.

10. Warranty

The Seller will repair or replace defective Goods free of charge within a reasonable timeframe, subject to conditions. Where Goods are supplied by a third party, any warranty granted to the Seller will be passed to the Buyer.

11. Liability

The Seller excludes liability for any representation made in respect of the Goods, including their quality or fitness for purpose, unless otherwise agreed in writing.

12. Limitation of Liability

The Seller’s liability is limited to the contract price. Nothing in these Terms and Conditions shall limit or exclude the Seller’s liability for death or personal injury caused by negligence.

13. Intellectual Property Rights

All Intellectual Property Rights arising from the performance of this Agreement shall vest in the Seller.

14. Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events outside its reasonable control.

15. Relationship of Parties

Nothing in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties.

16. Assignment and Sub-Contracting

The contract shall not be assigned or transferred by the Buyer without the prior written consent of the Seller.

17. Waiver

The failure by either party to enforce any one or more of these Terms and Conditions shall not be a waiver of them or of the right to enforce all Terms and Conditions subsequently.

18. Severability

If any term of these Terms and Conditions is held invalid, illegal, or unenforceable, the remainder shall continue in full force.

19. Governing Law

This agreement shall be governed by and construed in accordance with the law of England and Wales.