Terms and Conditions of Trade
1)DEFINITIONS
a)The ‘COMPANY’ means Aviation 88 Ltd.
b)The ‘PURCHASER’ means a purchasing firm or customer whose Order is accepted by The Company.
c)The ‘Goods’ means the goods which are the subject of the Order whatever their description.
2)HANDLING/ CARRIAGE CHARGES
All purchases are exclusive of VAT.
Our minimum carriage paid order is £300 net goods value. A charge of £10.95 will be made in respect of carriage and handling on all orders of less than £300 to the UK mainland. Orders to the Channel Islands, Isle of Man, Northern Ireland and all Scottish Highlands will be charged at cost. All export orders are sold “ex-works”. These handling/ carriage charges are reviewed on a regular basis.
3)COLLECTIONS
May be made from The Company’s Warehouse at: Unit 4, Eclipse Industrial Centre, 20 Sandown Road, Watford Herts, WD24 7AE. At least 48 hours’ notice is required.
4)PAYMENT TERMS
Strictly 30 days from date of invoice.
Where the PURCHASER has an outstanding account the Company reserves the right not to process the ORDER until such account is settled in full. Settlement discount is not allowed. Al cheques should be made payable to Aviation 88 Ltd, Unit 4, Eclipse Industrial Centre, 20 Sandown Road, Watford, Herts, WD24 7AE. The Company will exercise its statutory right to claim 3% interest and compensation for debt recovery costs under the late payment legislation if the Company is not paid according to the agreed credit terms.
5)NEW ACCOUNTS
Please supply 2 trade and 1 bank references and allow 21days for clearance. Prompt dispatches from the Company can be expedited by Pro- forma Payment whilst references are obtained. Credit accounts are opened at the COMPANY’S discretion. Payment in respect of the first ORDER on a new account must be made on a Pro-forma invoice before the goods can be dispatched from the COMPANY. Thereafter, payment must be within 30 days of the date of invoice.
6)RETURNS
All ORDERS are supplied on a Firm Sale basis only. Goods cannot be returned without prior written authorisation from Aviation 88 Ltd. All agreed returns should be sent to The Warehouse, Unit 4, Eclipse Industrial Centre, 20 Sandown Road, Watford, Herts, WD24 7AE, and marked clearly with the Returns Authorised number. Any parcels/ packages not displaying this number will be returned to sender. To qualify for Credit, all goods must be adequately packed and protected and received by The COMPANY in a re-saleable condition.
7)DAMAGED OR LOST GOODS
Amy damaged or faulty goods must be notified in writing to us within 3 days of receipt, otherwise no liability will be accepted. Non delivery of goods must be reported in writing within 7 days of receipt of the invoice. Please always quote our Invoice/ Delivery Note number and your account number. The COMPANY reserves the right to charge for handling/ repacking as and when applicable.
8)CANCELLATION
No ORDER or outstanding balances will be considered cancelled unless written notification is received from the PURCHASER prior to dispatch from the COMPANY’S Warehouse.
9)PRICES AND SPECIFICATION
Whilst endeavouring to maintain prices, The COMPANY reserves the right to alter prices and/ or specifications without notice. The COMPANY also reserves the right to add a surcharge when necessary, and to vary ORDER quantities to comply with pack quantities. All sizes and capacities quoted are approximate.
10)PROPERTY
a)The property of The Goods shall remain with The COMPANY until The PURCHASER has paid The COMPANY in full for The Goods supplied.
b)The PURCHASER shall, until such time as the property in The Goods has passed to him under paragraph a) above, hold The Goods as bailiff for The COMPANY and shall ensure that The Goods may be readily identified as the property of The COMPANY.
c)The PURCHASER may sell or use The Goods in the ordinary course of its business not withstanding that the property in The Goods may not have been passed to it. The COMPANY may terminate The PURCHASERS powers of sale and use and may repossess the Goods if:
i)Any sums due to the COMPANY in respect of the Goods supplied under these terms becomes due, or
ii)Any sums due to the COMPANY in respect of the Goods supplied under other terms becomes overdue, or
iii) If the PURCHASER has an administrator, administrative reasonable opinion of the COMPANY
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The COMPANY, its employees and authorised agents shall be entitled to enter any of the PURCHASER premises for such purpose.
11)PART SHIPMENT
Every effort is made to send complete ORDERS. However, the COMPANY reserves the right to make part shipment.
12)LIABILITY
Except in the respect of death or personal injury caused by the COMPANY’S negligence. The COMPANY shall not be liable to the PURCHASER by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this agreement, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by negligence of the COMPANY, its servants, agents or otherwise) which arise out of or in connection with this agreement shall not exceed the amount paid for the Goods by the PURCHASER.
13)LAW
These conditions and all other express terms shall be governed and construed in accordance with the Laws of England.
14)The COMPANY may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the goods without any liability to the PURCHASER.
15)These conditions (together with The ORDER) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statue or otherwise are excluded by the fullest extent permitted by the law
16)No failure or delay by either party in exercising any of its rights under this agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breech of the agreement by the other shall be considered as a waiver of any subsequent breech of the same or other provision.
17)If any provision of these conditions I held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provisions of these conditions and the remainder of the provision in question shall be affected.
18)OWNERSHIP
The ownership and title of The Goods shall not pass to The PURCHASER until payment in full has been received.
19)DATA PROTECTION
When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
The parties agree that where such processing of personal data takes place, the Buyer shall be 'data controller' and the Seller shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact Customer Services at the following e-mail address: info@aviation88.co.uk.
T. 01923 804 805
F. 01923 804 825