Terms of Trading

These Terms of Trading shall form the basis of any contract of sales entered into by Andrew Edwards Engineering (AEE)

1. AEE hereby enters into a contractual relationship with the buyer (for example, an individual or company) requiring its goods or services.
2. The goods or services to be provided will be discussed and agreed with the buyer by AEE.
3. The dimensions and specifications will be agreed with the buyer to include customary and reasonable tolerances according to manufacturers’ recommendations. AEE will not accept responsibilities for inaccurate design or drawing details. Alterations will incur additional costs where applicable. These will be agreed with the buyer before modification.
4. AEE will provide an estimate, including price of goods and services, installation and delivery costs and, where appropriate, VAT at the prevailing rate.
5. The buyer will send confirmation of acceptance of the estimate verbally or in writing and a timescale for completion will be formally agreed.
6. The buyer will ensure that there are suitable premises, necessary services and amenities, for example, electricity, to enable AEE to undertake work at the agreed site.
7. (a) notwithstanding the passing of risk on delivery, the title to the goods shall not pass to the buyer until AEE have received payment in full (and funds cleared) for the goods and all other sums which are/or become due to AEE for sales of the goods or any other products to the buyer.(b) if payment is overdue (or earlier in the circumstances described in clause (c) below, AEE may recover any or all of such goods and may without let or hindrance enter the buyer’s premises or site for this purpose.(c) from the advised due date of payment until settlement is made, interest will be charged at the bank rate prevailing plus 3%.(d) until title to goods has passed to the buyer, the buyer will keep AEE goods separate, clearly identifiable and in good condition, but without prejudice to the buyer’s right to sell them in the ordinary course of business.
8. (a) unless otherwise agreed in writing, account holder payments shall be made strictly nett by 30 calendar days following the date of the invoice.(b) for non-account holders, payment terms will be immediate.(c) any extended credit indulgence or forbearance extended by AEE to the buyer that is not subject to written agreement will not in any way prejudice their rights under clause 7(b) and 7(c).
9. If any information comes to the attention of AEE that gives AEE cause to believe that the buyer’s ability to pay is in serious doubt or being a limited company and resolution or petition to wind up its business is passed, or if a receiver of any part of such company’s assets shall be appointed, or an administrator is appointed, AEE will have immediate rights to recover their goods as stated in clause 7(b) before expiry of the standard credit terms notwithstanding any variance that had been agreed in writing to those terms (but subject to paragraphs 42 to 44 of schedule B1 of the Insolvency Act 1986). The supply and acceptance at the point of delivery of any item will be deemed to be sufficient identification that the item is recoverable by AEE, notwithstanding that the total value of goods recovered shall not exceed the total value of the debt.
10. The buyer shall examine the goods on delivery/completion and shall as soon as possible, but in any case within 3 working days, give notice to AEE of any claim in respect of damage to such goods or notice of any reason why the buyer does not wish to accept the goods for full payment, in the event of AEE agreeing to collect the goods, the buyer stands responsible for the safe care and full value of the goods for a further 7 days following the notification or until AEE have collected the goods, whichever is the sooner.
11. (a) all assignable manufacturers’ warranties and guarantees are passed to the buyer instantaneously with the passing of the title.(b) AEE’s liability for claims relating to the quality, conformity with description, fitness for purpose, or performance of goods supplied to the buyer shall under no circumstances exceed the invoice price of the goods.
12. Notwithstanding clause 11, the goods are being sold “as is,” and AEE disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose.  The Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the goods and that no such statements or representations have been made. The Buyer acknowledges that it has relied solely on the investigations, examinations, and inspections as the buyer has chosen to make and that AEE has afforded the buyer the opportunity for full and complete investigations, examinations, and inspections.
13. While AEE endeavours to deliver goods promptly; no liability whatsoever can be accepted by AEE for any direct or indirect consequential or sub sequential loss resulting from late or non-delivery.
14. All goods supplied by AEE are supplied strictly on condition that manufacturers’ recommendations regarding their use, storage and health and safety are strictly adhered to. AEE accepts no liability for any direct or consequential loss resulting from any user’s failure to follow these recommendations. Data sheets are available on request.
15. Unless goods are validly rejected in accordance with clause 4 above, AEE shall be under no obligation to accept a return of any goods accepted at the point of delivery and on completion unless AEE, having inspected such goods, agrees in its absolute discretion to accept all or any such goods for return in which case AEE reserves the right to make a reasonable charge for accepting the return of such goods. Notwithstanding the foregoing, AEE will not accept a return of goods which were supplied to special order or which are obsolete.
16. Goods are supplied by AEE only subject to these terms and the buyer accepts these terms govern all contractual relationships between them to the exclusion of any terms contained in any of the buyer’s documents.
17. No employees or other person acting or purporting to act on behalf of AEE is authorised to agree or effect any alterations in these terms save that a director of AEE may in writing agree any amendments or alterations.
18. For products where compliance is required to meet EN 1090 regulations, orders are accepted as defaulting to EXC2, unless otherwise specified in the purchase order / specifications. If the buyer specifies that the order is not for load bearing and therefore does not need to be CE Marked under the EN 1090 regulations. The order will be accepted on that basis and is sold without compliance with those regulations.
19. This contract is subject to English law and the jurisdiction of English courts.
20. This contract will become effective and is deemed acceptable by the buyer when proceeding with the order.