Terms of service

TERMS AND CONDITIONS OF SALE

Orders placed with AJB Group Ltd. will not be binding if they contain terms and conditions contrary to the following.

‘The Company’ refers to AJB Group Limited. 9 Earlstrees Road, Earlstrees Industrial Estate, Corby, NN17 4AZ

‘The Buyer’ refers to the person or company to whom goods are supplied subject to these conditions.

‘The Goods’ refers to the items, goods and materials supplied by the company to the buyer subject to these conditions.

  1. It is the responsibility of the buyer to check that all order specification details are correct including drawings and measurements and to notify the company immediately of any discrepancy. All instructions for work will only proceed upon receipt and the acceptance of an official order. The company will not accept verbal instructions.
  2. An amendment or cancellation of any acknowledged order will only be accepted on receipt of written consent. The company expressly reserves the right to amend its prices as a precondition for agreeing to any such amendment In the event of such agreed amendment or cancellation the buyer shall indemnity the company against all losses, liabilities and expenses of whatever nature incurred by the company arising directly or indirectly from such amendment or cancellation.
  3. Any written quotation or estimate issued by the company will be valid for six months, provided that the company has not previously withdrawn it. All orders for goods shall be deemed to be an offer by the buyer to purchase the goods pursuant to these conditions. Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer’s acceptance of these conditions.
  4. Unless otherwise stated, prices are ex-works and exclusive of VAT. Carriage, packing and delivery charges will be payable by the buyer and added to the invoice as a separate item.
  5. The price to be paid for the goods shall be that ruling at the date of acceptance of the buyer’s order by the company PROVIDED ALWAYS that such price may be increased by the company to reflect the occurrence of any of the following, prior to the date of delivery: - (a) Any amendment of the order (including an alteration to the specification); (b) An alteration of any instruction given to the company by the buyer regarding the order or a failure by the buyer to give any instructions as may reasonably be required by the company to produce or to deliver the goods; (c) The performance of the contract by the company is delayed or hindered in any way by the buyer or the buyer’s agents; or (d) Any increase in the cost of materials, labor or transport.
  6. Unless otherwise specifically agreed in writing, the price of the goods shall be paid within thirty days of the date of the invoice sent by the company. The buyer will reimburse to the company all costs and expenses (including legal costs) incurred in the collection of any overdue amount. The company may in its discretion require a buyer to pay all or part of the contract price at any time before delivery by way of deposit by the buyer on account of the contract price.
  7. If your business is conducted through a Limited Company, please note that we shall require two Directors of the company to sign these terms as confirmation that they shall personally guarantee the payment of our invoices in the event that the Company is unable for any reason to make payment. The signature of one Director may be acceptable in certain circumstances.
  8. Times quoted for delivery of goods are intended as estimates only and are not therefore to be treated as being of the essence of the contract. The company shall not be liable in any way for any direct or indirect loss, damage or expense (including loss of profits and liabilities to third parties) suffered or incurred by the buyer as a consequence of any delay in delivery. The company cannot be held responsible for failure of delivery caused by reasons outside its control. The company reserves the right to deliver the goods by installments in any sequence and to tender a separate invoice in respect of each installment.
  9. If fourteen days after notification by the company that the goods are ready for despatch, the company shall, by reason of instructions or lack of instructions from the buyer, have been unable to effect delivery of the goods, the company shall be entitled to arrange storage either at it’s own premises or elsewhere on the buyer’s behalf and at the buyer’s risk and expense. The goods shall be invoiced on the day on which they are put into storage and such goods shall thereupon be deemed as delivered.
  10. The buyer shall inspect goods on delivery. No liability in respect of goods found to be damaged on delivery, or had a careful inspection been carried out by the buyer on delivery, would have found to be damaged, or for shortages, or not complying with their description, will be accepted by the company unless (a) written notice is received by the company within three days of delivery and (b) the company is given the opportunity to inspect the goods within a reasonable time and before any use is made of them or any alteration or modification is made thereto by the buyer. The company shall make good any shortage in the goods and where appropriate replace any goods damaged in transit as soon as it is reasonably able to do so but otherwise shall be under no liability whatsoever for such shortage or damage.
  11. Risk of loss or damage to the goods shall pass to the buyer at the time of delivery. Property and ownership of the goods shall, notwithstanding delivery of the goods to the buyer, not pass from the company until (a) the buyer shall have paid the company in full and (b) no other sums are then outstanding from the buyer to the company on any account whatever whether or not such sums have become due for payment.
  12. In the event that the goods or any part thereof prove to be defective by reason of materials or workmanship under normal use and service during the period of twelve months from the date of delivery thereof, the company shall at its own expense, repair, or at its sole option, replace the defective goods or the defective part thereof. This provision shall not apply if: - (a) the defect to the goods results from wear and tear or from negligence or wilful act on the part of the buyer; (b) the goods have been altered, modified, treated, installed, stored or repaired other than by the company, with the company’s consent or in accordance with guidelines or recommendations issued by the company; (c) the buyer fails within two weeks after being so requested by the company to permit the company to visit the buyer’s premises for the purposes of inspecting the goods and investigating the cause of the defect; (d) the goods are manufactured in accordance with specifications supplied by the buyer and the defect arises out of such specification; (e) the buyer fails to properly store, install or paint in accordance with appropriate guidelines;(f) the goods have been improperly handled by any person (other than a person duly authorised by the company). The company’s liability to the buyer for any breach of its obligations shall not, in any event, exceed the contract price and the company shall be under no liability for the costs of installing any replacement goods or for any consequential or indirect loss suffered, or liability to third parties incurred, by the buyer.
  13. All thicknesses are nominal, and all tolerances are to the appropriate British Standard and Codes of Practice.
  14. The buyer shall not be entitled to withhold payment of any sums after they become due by reason of any right of set-off or counterclaim which the buyer may have or allege to have or for any other reason whatsoever.
  15. The buyer shall be responsible for ensuring that its use of the goods complies with all relevant statutes, statutory instruments, and regulations having the force of law and shall indemnify the company and keep it indemnified against all claims and liabilities suffered or incurred by the company as a result of any non-compliance by the buyer.
  16. Please note the following regarding the Data Protection Act 1998.

We may transfer information about you to our bankers/financiers for the purposes of providing services for the following reasons: -

  • Obtaining Credit Insurance
  • Making credit reference agency searches
  • Credit control
  • Assessment and analysis (including credit scoring, product and statistical analysis)
  • Securitisation
  • Protecting our interests

 We will provide you with details of our bankers/financiers and that of any credit reference agencies used on request.

    17. This contract is divisible. Each delivery made hereunder:

       a) Shall be deemed to arise from a separate contract, and

b) Shall be invoiced separately and any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein without reference to and notwithstanding any defect or default in the delivery of any other instalment.

   18. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these conditions or any claim by the Buyer in respect of any one or more instalment shall not entitle the Buyer to treat the Contract as a whole as repudiated.