Terms and Conditions
General Trading Conditions
All goods supplied by A.J. Stuart & Co Ltd. (The Company) are sold subject to the following terms and conditions.
1. GENERAL: All orders are subject to these conditions of sale and the placing of an order by the buyer shall be considered as acceptance of these conditions. Special conditions may apply for goods sold via our website, www.ajstuart.co.uk, these are stated under the Terms & Conditions / Secure Shopping section of the aforementioned website. No person has the authority on behalf of the Company to vary any condition except a Director or the Company Secretary, and then only in writing signed by a Director or the Secretary.
2. VALIDITY OF QUOTATION: The Company reserves the right to refuse the buyer’s acceptance of a quotation unless such a quotation is stated to be open for a specific period and is not withdrawn in such a period.
3. NEW ACCOUNTS: Prospective customers wishing to open a credit account are requested to furnish two trade references and one Banker’s reference, until the opening of a credit account has been confirmed, a remittance should accompany the order, otherwise delivery will not be made until the references have proved acceptable.
4. SETTLEMENT TERMS: Unless agreed otherwise in writing, all transactions are based on Nett Monthly Account.
5. PRICES: Unless otherwise agreed all orders are executed subject to prices and any relevant discounts ruling at the date of dispatch and any price list of the Company whether published or not shall not affect the right of the Company to charge for goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate.
6. CREDIT: Any contract shall be subject to the Company being satisfied as to the buyer’s credit worthiness and without prejudice to the generality of the foregoing the Company may, in its absolute discretion having informed the buyer that the goods are ready for delivery, refrain from delivering the goods until such time as the buyer tenders the purchase money to the Company in a form satisfactory to the Company.
7. ORDERS: Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred by the Company as a result of duplication or order will be charged to the buyer.
8. DELIVERY: Delivery dates are promises given in good faith by the Company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver goods at the time stated. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by the Company.
9. TITLE OF GOODS: If at any time a payment of the price for the goods or any sums due to the Company from the customer is overdue, the Company may by its servants or agents at the customer’s expense enter upon the customer’s premises using only so much force as may be necessary and recover and dispose of the goods. The customer shall make no claim against the Company in respect of such entry or disposal. The Company shall account to the customer for any sums in excess of the balance due to itself after the goods have been disposed of and the Company has recouped all sums that it is owed by the customer.
10. CARRIAGE: Carriage charges are at the company's discretion. Carriage may be applied to low value orders or for special deliveries. Special terms apply for all online orders, see Help / Delivery & Returns on the AJ Stuart websites, www.ajstuart.co.uk, for further details.
11. RETURNS: Goods returned due to an error of the BUYER, or the BUYER’S agent, may be subject to a re-stocking charge of 15% of their value. Any special carriage charge agreed by the customer on placing the order will not be funded. Carriage costs incurred for the return of such goods shall be at the customers expense.
12. DAMAGE IN TRANSIT AND SHORTAGES: The purchaser must examine all goods immediately on delivery and no claims for loss, damage or short delivery will be entertained unless the following action is taken:
Claims for shortage or breakage must be made in writing to the company and the carrier within 3 days of receipt of goods and claim for non-delivery must be made within 10 days of date of invoice.
13. WARRANTY: The Company’s liability in respect of all goods supplied by it shall be limited to giving the buyer the benefit of any guarantee or warranty given by the manufacture of such goods. The Company shall not be under any further liability howsoever arising and all conditions and warranties express or implied by or under statute custom or trade usage are hereby expressly excluded.
14. DESCRIPTIVE MATTER AND ILLUSTRATIONS: All descriptive and forwarding specifications, drawings and particulars or weight and dimensions issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.
15. LIMITS OF CONTRACT: Any quotations include only such goods, accessories and work as are specified therein.
16. BANKRUPTCY: In the event of the buyer committing any breach of contract with the Company or if any distress execution is levied upon the goods of the buyer or if he offers to make any arrangement with or for the benefit of his creditors or commits an act of bankruptcy or being a limited Company has a Receiver appointed of its undertaking or assets or any part there of or, for the purposes of a reconstruction for amalgamation without insolvency, goes into liquidation, the Company shall thereupon be entitled without prejudice to its other rights forthwith to suspend all further deliveries until the fault has been made good or to determine the contract of any unfulfilled part thereof, or at the Company’s option to make partial deliveries.
17. VALUE ADDED TAX: Where chargeable, Value Added Tax will be charge at the rate applicable at the date of dispatch. Cash settlement discount is not available on Value Added Tax.
18. LEGAL CONSTRUCTION: Unless otherwise agreed by the Company in writing these conditions shall in all respects be construed and operate on an English Contract, in conformity with English Law.