The Buyer means the account applicant or person who buys or agrees to buy goods from the seller.
The seller means AQA Labs LTD, 2nd Floor, Quayside Tower, Broad Street, Birmingham, B1 2HF, United Kingdom.
Conditions means the conditions of sale set out in this document and any special conditions agreed in writing by the seller.
Goods means any goods or services offered for sale by the Seller from time to time.
These conditions shall apply to all contracts for the sale of goods by the seller to the buyer to the exclusion of all other terms and conditions including any which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
No variation or addition to these conditions shall be effective unless agreed in writing by the seller.
No contract for the sale of goods shall arise until the seller dispatches the goods to the buyer or the buyer notifies the seller in writing of its acceptance of the seller's quotation (whichever shall first occur).
Acceptance of delivery of goods shall be deemed conclusive evidence of the buyer's acceptance of these conditions.
Nothing in these conditions shall affect the statutory rights of any consumer.
The price shall be that on the seller’s current price list (or if applicable, the price contained in the seller's quotation).
The seller reserves the right to revise prices prior to dispatch of goods to reflect any direct or indirect increase in costs. If the seller revises the price the buyer must be informed prior to dispatch and have the option to cancel the order. If the buyer cancels the order before dispatch due to price revision any money they have paid will be refunded in full. Once dispatched no order may be cancelled.
All prices are exclusive of VAT and charges for packing, postage and carriage plus VAT which shall be paid in addition.
In the case of consumer sales, payment must be made in full before dispatch of any goods.
In the case of other sales, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the seller at its option to treat the contract as repudiated by the buyer or to delay delivery until paid (in addition to any other remedy).
If any act or proceedings shall be commenced in which the buyer’s solvency is concerned, all moneys under any transaction covered by these conditions shall become immediately due and payable.
Warranty and Liability
The seller warrants that the goods will be at the time of delivery correspond to the description given by the seller. Except where the buyer is dealing as a consumer (as defined in the unfair contract terms act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded and the buyer warrants that the buyer is satisfied as to the suitability of the goods for the buyer's purpose.
Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the seller shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Should the seller fail to deliver goods on an explicitly agreed delivery date the buyer shall have the right to cancel the order and receive a full refund of any monies paid to the seller.
Failure by the buyer to pay for any instalment or delivery when due shall entitle the seller to withhold further deliveries and the buyer shall be liable for any costs incurred by the seller relating to such goods which the seller is then entitled to withhold.
Delivery of the goods shall be made to buyer's address and the buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
Ownership and Risk
The risk in goods shall pass to the buyer when either the buyer receives the goods or a contract is made but the goods are kept at the seller's premises at the buyer's request.
The seller remains the owner of the goods affected by the contract until the seller has been paid in full for such goods.
If any payment due under these conditions is overdue in whole or in part, the seller may without prejudice to any of its other rights recover and/or re-sell the goods or any of them and may enter the buyer's premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the buyer shall be liable for all the seller's costs of so doing.
If the buyer is a consumer and wishes to reject any of the goods which are not in accordance with the contract, the buyer must promptly give notice of rejection to the seller and make the goods available for collection by the seller.
In the case of any other sale the buyer shall inspect the goods immediately upon delivery and shall notify the seller within three days of delivery if the goods are damaged or do not comply with the contract. If the buyer fails to do this, they are deemed to have accepted the goods.
Any goods in respect of which any claim or defect or damage is made shall be preserved by the buyer intact together with the original packing at the buyer's risk and either: Retained by the buyer for a reasonable period to enable the seller or its agent to inspect or collect the goods or at the seller's option returned by the buyer to the seller who will refund the cost of postage and packing to the buyer if the goods are in fact defective.
No contract shall be cancelled nor shall any goods, which are in accordance with the contract, be returned without the prior written approval of the seller and on terms to be determined at the absolute discretion of the seller.
Unless the seller at its discretion decides otherwise, if the seller agrees to accept the return of any such goods, then: A goods return number obtained from the seller must be clearly shown on the returned parcels.
The goods to remain at the buyer's risk in all respects until received by the seller. The buyer will be liable for the cost of remedying any damage to the goods returned where such damage has, in the opinion of the seller, been caused by the goods being inadequately packaged by the buyer or through the buyer's fault.
The seller reserves the right to make a handling and restocking charge of 25% on goods which are returned if they were ordered in error or are no longer required.
The seller will not be under any liability whatsoever in the event that the seller is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the seller's control. These events include acts of God, civil commotion, riots, flood, drought, fire, legislation or any acts by third party companies or individuals not either under contract to or employed by the seller.
The seller's failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the buyer in performance of compliance with any of these conditions.
Except as may be implied by law where the buyer is dealing as a consumer, in the event of any breach of these conditions by the seller the remedies of the buyer shall be limited to damages which shall in circumstances not exceed the price of the goods and the seller shall under no circumstances be liable for any indirect, incidental or consequential damages.
These conditions shall be construed in accordance with English law.
These conditions do not affect your statutory rights.