Terms & Conditions
Conditions of Sale
1: IN GENERAL – These conditions of sale shall be applied as conditions in any order or contract accepted by us. No agent, stockist, third party or an employee other than director of the company selling our products is authorised to transact any business, which gives any warranty, or any representation, or incurs any liability on our behalf. We reserve the right to change our products, their design or construction details without prior notice. If these conditions or any other conditions to which another party may seek to incorporate into the contract conflict, these conditions shall prevail. Any notice required to be served pursuant to these conditions should be served as follows:
1/1: The Seller. Air Brake Connections International Ltd address as registered office.
1/2: The Buyer. To the address as notified to the seller or in case of default or notification to the address from which the products and or services were ordered. Or to the registered offices of the buyer. An addressed notice sent via first class post to those destinations within the UK or the Republic of Ireland shall be expected as having been received three days after the day of despatch. An addressed notice of any other destination via Air mail shall be expected as having been received seven days after the date of despatch.
2: DISTRIBUTION – The method of distribution shall be decided by ABC ltd and all goods went be sent carriage free except in the case of:
2/1: Any mainland UK order below a nett value of £150.00.
2/2: Any Non mainland UK (Scotland, N. Ireland) order below a nett value of £200.00.
2/3: Any Eire order below a nett value of €250.00.
2/4: Any special orders placed upon ABC for which any carriage charges incurred by ABC shall be charged to our customer in full.
2/5: Orders despatched on customers instructions by any means more expensive than our normal chosen method.
3: DESCRIPTIONS – While every effort has been made to ensure that the products are accurately described and we believe to be fit for the purpose as described in our catalogues leaflets, wall charts, etc. We give no warranty or representation to this effect. We also take no responsibility in the event of any error or misdecription of any such unfitness, or any damage relating there from. Photographs, illustrations, etc and technical information generally represent the goods or products offered for sale but are not binding in detail. ABC reserve the absolute right to make detailed alterations to the materials and specifications, weights, dimensions, etc.
4: DELIEVRY VIA SCHEDULE – Delivery of orders via schedules made at scheduled rate to which on the following conditions:
4/1: No delay of delivery can be taken unless the customer has agreed or ABC prior and or has written agreement.
4/2: Delay of any schedule or delivery months from the originally agreed not be accepted.
4/3: ABC require and reserve the right to insist that fourteen days notice must be given to delay firm orders or schedules.
4/4: Each delivery constitutes a separate transaction. Quantities delivered in each time scale within the schedules will be subject to a tolerance agreed to prior between ABC and their customers.
5: DELIVERY QUOTATIONS – Delivery dates quoted for despatch is subject to stock remaining old sold. Should we be delayed or prevented from delivering the whole or part of our customers orders due to circumstances beyond our control our customers shall not be entitled to refuse or to except those goods or products previously ordered unless prior agreement has been sought and agreed.
6: DISCLAIMER NOTICE – Where our part reference and or other supplier manufactures references are quoted side by side, this has been done purely for reference only and does not necessarily indicate the manufacturer of said goods or products nor does it have any reflection upon our competitors.
7: GUARANTEES – In lieu of such warranty implied or covered by law, we expressly guarantee to replace or make good any products supplied by ABC, which may be defective through faulty materials or workmanship, provided always, that such parts are promptly returned free to our premises within seven working days of the defect having become apparent and not later than six months after the date of delivery having been made by ABC or it chosen carriers.
7/1: ABC will not be liable for any loss incurred through stoppage, nor for any consequential loss or damaged caused.
7/2: ABC guarantee is in respect of material and workmanship only we shall not apply this if injury, or expenditure, However the goods or products are altered or tampered with or if a defect shall be due to or brought about by fair wear and tear., carelessness on the part of the user, misuse or accident, or other cause outside the control of ABC, and providing the customer is not in default of payment of any sums due to ABC. The customer is responsible for ensuring the goods ordered upon us are suitable for the purpose for which they are intended or required for. Te liability under this guarantee is limited to repair and or replacement, in no circumstances whatsoever shall we incur or be liable for any further liability under this guarantee, save where you have dealt with us on a customer basis.
7/3: Any express or implied condition of warranty or term statutory, or otherwise as to the quality fitness, compliance with description, or sample of the whole or part of the goods or products, or any replacement thereof, or as to the quality of any work or repair or replacement is hereby excluded.
8: INTERPRETATION BY LAW – These conditions and contracts are governed in all respect by ENGLISH LAW and the customer submits to the jurisdiction of the English Courts.
9: MINIMUM INVOICING DETAILS – Due to the ever increasing high costs of processing small value orders our minimum invoice charge will be £40.00 nett excluding the carriage charges. This condition shall not apply to back orders or part orders.
10: PACKAGING – ABC reserve the right to charge for export packaging with the prior agreement of export customers.
11: PRICING – All prices are subject to alteration without prior notice . If during the currency of any contract or schedule there be an increase in the cost of labour and or materials required in connection with or for the purpose of any such contract or schedule over the cost of such labour and or materials prevailing at the date or acceptance such nett increases of costs may or shall be added to those contracts or schedules prices and shall be payable by our customer. All prices are subject to the addition of VAT when appropriate. Special orders placed with ABC may be subject to a variance from the normal list price. Quotations of price will be given at the time of placing and order and will be deemed to be binding solely for that special order.
12: RETURN OF GOODS – All goods or products correctly supplied in accordance with the customers order but which are subsequently refused or returned will only be credited provided that:
Our written agreement has been obtained. We do reserve the right to accept returned goods or products.
Those goods to be credited are contained within our current price list, are of current design, and in condition for resale.
Those goods returned must be accompanied by a packing or returns document stating the reason for return. To include the original invoice or despatch note document reference. We reserve the right to charge a 20% handling charge and also the original cost of carriage if incurred. Special orders placed upon ABC will not be accepted as a return unless we have written agreement prior.
13: RISK, DAMGE, LOSS, NON DELIVERY – Risk in the goods or products will pass to customer upon, delivery of the goods to the customers premises or to a third party address as instructed by the customer in respect of a sale to a UK based customer: and delivery F.O.B. UK port in respect of any sale to an overseas based customer unless otherwise agreed between the parties in writing:
14: TERMS OF PAYMENT – UK payment by the last working day of the month following the date of invoice, pending ABC opening a credit account all goods must be paid for in advance, and prior to the confirmation of satisfactory trade and or bank references a credit limit of £1000.00 shall be applied. Exports/Overseas: The method of payment shall be determined prior to or at the time of confirmation of the order. Any bank charges on export bills are payable by the customer. ABC reserve the right to charge interest at the rate of 5% per month on extended terms of payment and overdue accounts. All costs incurred during the recovery period of an outstanding debt shall be met be the customer. While any account of one of our customers is overdue the company may withhold or suspend and supply or any contractual obligation to such customers.
15: TITLE RETENTION – Property in the goods and or products, services, shall remain with ABC until you have paid to ABC the price of all goods, products, services supplied under the contract for the supply of goods, products, services and all sums owing at any time by you to ABC. On any ground whatsoever ( including without prejudice to the generality of the foregoing, all sums owing by you to ABC at any time in respect of any supply of goods, products, or services under any contract) you undertake that in the event that you buy from a party other than ABC supplies of goods that are or were manufactured by or sold by ABC or are similar to such goods if the intention of retaining such goods, products, or services as stock you will clearly mark each of those goods, products, or services in the said supply in order to distinguish each of those goods, products, or services from goods, products, or services sold to you by ABC.
15/1: You irrevocably grant to ABC a licence to enter ( by ABC itself or its servants or agents and with or without vehicle) without notice upon lands and or premises owned, used, or occupied by you for the purpose of ABC taking possession on goods, products, services, the property of ABC: and that you agree to render without charge all assistance as ABC may request to ABC and to ABC servants or agents for the purpose of ABC’s identifying and taking possession of goods, products, services the property of ABC.
15/2: Subject to always to and without prejudice to above, you are entitled to sell the goods, products, services to a purchaser or purchasers by way of bona fide sale in the ordinary course of business at any time that ( and insofar as ) ABC shall permit and provided always that your entitlement shall cease immediately and without notice on the occurrence of any one or more of the following events:
A receiver or administrative receiver is appointed in respect of you or over all or part of your assets or undertaking.
You announce that you have ceased or intend to cease to trade.
You suspend payment of your debts or unable to pay or admit to state your inability to pay your debts as they fall due.
You dispose or threaten to dispose of all or a material part of your assets whether by one or a series of transactions ( other than the sole purpose of and followed by your reconstruction or amalgamation, approved by ABC ).
You Convene, call or hold a meeting of your creditors or make any arrangement, voluntary arrangement or composition with your creditors.
Your directors make or state an intention to make or give notice of a proposal in relation to you for a voluntary arrangement under part of the insolvency Act 1986.
A petition is presented for your winding up or administration.
A resolution (other than for the sole purpose of and followed by your reconstruction or amalgamation, approved by ABC ) is passed for your voluntary winding up.
You are dissolved.
You suffer the levy or enforcement of any execution, distress, sequestration, detention or the process on any property or premises.
In the event that you sell goods to a particular purchaser or purchasers in accordance with 15/2, prior you shall sell as principal in relation to the purchaser or purchasers and have no right to commit ABC to any contractual relationship with or liability to the purchaser or purchasers or any other third party.
You undertake that in the event that you sell any goods supplied by ABC you will sell those goods ( of the type required for the particular sale ) as have at the material time been longest in your possession.
16: CUSTOMER CONDITIONS OF PURCHASE – In all instances ABC’s Conditions of Sale stated herein over ride any separate Terms and Conditions of Purchase stated by ABC’s customers.
17: CONSTRUCTION – If any provisions of this agreement are held to be invalid for any reason then this Agreement shall be read if the invalid provisions had to that extent been deleted and the validity of the remaining provisions of this Agreement shall not be affected hereby.
18: VARIANCES TO THESE STANDARD CONDITIONS OF SALE – ABC reserve the right to vary ABC’s standard Conditions of Sale as stated herein. Any variation will be notified in writing to individual customers effected by these variances and will only apply in respect of products purchased following such changes and notifications.
Disclaimer: Air Brake Connections Limited deals in the sale and the supply of TUV approved Air Brake Fittings, Industrial Fittings and Ancillary Parts / Components. It does not provide any legally binding technical advice. The customer is urged to take independent advice in regards of fitting the correct fitting, to the correct application, in relation to approved braking system fittings.