Terms and conditions
Anglia Lime Company
Terms and Conditions of Supply of Goods.
‘Supplier’ means Aviland Ltd trading as Anglia Lime Company of Windham Road, Sudbury, Suffolk, CO10 2XD.
‘Customer’ any person or business who buys or agrees to buy the Goods/and or Services from the Supplier.
‘Conditions’ the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Supplier.
‘Goods’ the items specified in the Order or any part thereof. Whether by means of sale, hire, rental or otherwise and whether the property of Anglia Lime Company or distributed by Anglia Lime Company as agents for another.
‘Price’ the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
‘Order’ the Customer's order for the supply of Goods
These Conditions shall form the basis of the contract between the Supplier and the Customer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Customer’s standard conditions of purchase or any other conditions which the Customer may purport to apply whether verbally or under any purchase order or confirmation of order or any other document. All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods from the Supplier pursuant to these Conditions. Acceptance of delivery of the Goods or commencement of the Services shall be deemed to be conclusive evidence of the Customer’s acceptance of these Conditions. These Conditions may not be varied except by the written agreement of the Supplier. These Conditions represent the whole of the agreement between the Supplier and the Customer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Quotation [valid for 28 days] by the Supplier.
4. Payment and Interest
The goods shall remain the property of the Supplier until payment has been received and cleared through the Suppliers bank, but they shall be at the risk of the Customer from the date of delivery. If the Customer fails to make any payment within the agreed terms the Supplier shall be entitled to charge interest on the outstanding balance at the rate of up to 8% above the HSBC base rate. Such interest shall accrue after as well as before any judgment. Account facilities are available on application, providing the application is successful following credit checks and references. The Supplier reserves the right to refuse to extend account facilities. All major debit and credit cards are accepted (excl. AmEx). Printed price lists are subject to alteration without notice by the Supplier. The price charged shall be that ruling at the date of order irrespective as to when the goods arrive at the Customers premises. •All printed prices exclude VAT & Delivery except where specified. The Customer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Supplier.
The Goods are as described in the Order. The Supplier reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements. The Supplier reserves the right to accept or refuse any order given on the basis of its quotations. In the event of the refusal of any order, no damages or expenses of any kind shall be payable by the Supplier. The Supplier offers a mortarmatching service, and whilst the supplier endeavours to colour match to the sample supplied by the customer, an exact match cannot be guaranteed and may not always be possible due to the limitations of the specialist materials used. The Customer is responsible for providing or verifying details of previously ordered products.
The Supplier offers guidance on the most suitable product for the Customers application however no responsibility can be accepted for the suitability of the products for the specific application on-site. It is the responsibility of the Customer to check the guidance given in the technical application guides and to undertake trials on site to ensure the suitability of the product. This is especially important in old buildings where it is not always possible to know exactly how the substrate has been treated in the past.
Bespoke mixes made to the Customers specification are entirely at the customers risk. The Supplier bears no responsibility for their performance.
Natural quarried materials do become depleted from time to time It is the Customers responsibility to order sufficient amounts to ensure the sustainability and consistency of the product across their project.
The Supplier warrants that on the date of delivery of the Goods, the Goods shall: conform with their description; be of satisfactory quality within the meaning of the Sale of Goods Act 1979; be fit for any purpose held out by the Supplier; and be carried out in accordance with the Supply of Goods & Services Act 1982.
7. Delivery of Goods – please refer to the delivery section of the website for more details
• Delivery of the Goods shall be made to the address specified by the Customer.
• The Customer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Supplier for delivery. The Supplier undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract. The Supplier reserves the right to change the requested delivery date and will endeavour to contact the Customer to inform of any changes.
• The Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.
• The Supplier will not be responsible for any re-delivery charges incurred as a result of any access restrictions, unsuitable surface to offload on to, or for any other reason outside its control.
• The Customer is responsible for ensuring that the Supplier has full information concerning the delivery.
• The Customer is responsible for the unloading of the delivery unless otherwise arranged with the Supplier.
• The Supplier cannot accept any responsibility for the way in which goods are used or stored or for any consequential loss of any description incurred by the Customer or for any damage caused directly or indirectly by the goods.
• The Customer must examine the goods upon receipt and note any discrepancies, damages etc on the delivery note and notify the Supplier within 24 hours of the delivery either by telephone or in writing. The supplier will replace any damaged goods and the customer maybe requested to return any damaged items to the Supplier with any costs incurred to the customer refunded by the Supplier.
• The Supplier does not operate its own delivery service. All deliveries are carried out by independent haulage contractors on the Customers behalf. Any complaints regarding the delivery service must be notified to our office within 24 hours, in order for us to pass these comments onto the transport company.
8. Title and risk
• The risk in the goods shall pass to the Customer on delivery to the Customer’s address. Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Supplier and shall not pass to the Customer until the amount due under the invoice for them (including interest and costs) has been paid in full. The Supplier may maintain an action for the price of any Goods notwithstanding that the title in them has not passed to the Customer.
9. Cancellations, returns, and refunds
• Any complaint about the goods must be notified in writing to the Supplier within 3 days of delivery of the goods.
• The decision by the Supplier about any alleged defect shall be final and conclusive.
• Any orders cancelled prior to dispatch by the Customer shall be subject to an administration charge (minimum £25) and any charges incurred as a result of the order being placed e.g. manufacturing / labour charge, bank charges.
• Any bespoke orders or special orders cancelled prior to dispatch will be subject to full charge.
• The Supplier can only assist with the estimate of quantities of goods required. It is the Customer’s responsibility to check any calculations before determining the actual quantity ordered.
• The Supplier cannot accept any responsibility for any costs incurred or any consequential loss as a result of incorrect quantities being ordered.
• The Customer should satisfy themselves independently that the product is suitable for their particular application.
• Every effort has been made to ensure the accuracy of the colour of products in any promotional literature including our website but due to the limitations of print materials and / or technology, we strongly recommend that sample products are purchased for testing in-situ prior to the full order being placed. The Supplier cannot be held responsible for any direct or indirect loss or damage caused by any inaccuracies.
• The Supplier does not accept returns of goods that are time and environment sensitive. The Supplier may accept returns of certain products at their discretion. The Supplier does not accept return of any bespoke mixed products or special orders. If returns are authorised by the Supplier, they will be subject to a collection charge at cost and handling charge of 20%.
10. Waste and packaging
The Customer is responsible for the disposal of any waste arising from the goods and should comply with all applicable laws, regulations and waste management licences relating to such waste.
11. Limitation of liability
The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused as a result of any negligence, product usage, breach of contract, misrepresentation or otherwise.
12. Force Majeure
For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors. The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
If the Force Majeure Event prevents the Supplier from providing any of the Services and/or Goods for more than 4 weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Supplier.
14. Law and Jurisdiction
These Terms & Conditions shall be governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English court. If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
The information contained in the above terms and conditions is complete at time of publishing.
Anglia Lime Company reserve the right to amend these terms and conditions at their discretion and without prior notice.
Anglia Lime Company is owned and operated by Aviland Limited. Registered Office address off Windham Rd, Chilton Indust Est, Sudbury CO10 2XD. Registered Number 08235593 Vat Number: GB 390511957
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