Terms of Business (v2.3)
In the following statements:
“AWE Europe Ltd” may be expressed as “AWE” or “the Company”
The originating manufacturer or source of products are identified as the “Supplier”
The purchasing company/customer of AWE is expressed as the “Purchaser” or the “Customer”
The person/company who ultimately buys from the “Purchaser” is expressed as the “End User”
1.1 All orders received and goods supplied by the company are subject to the following terms and conditions. The purchaser fully accepts that these conditions apply to all orders placed with the company and cannot be superseded by any terms provided by the purchaser.
2. Supply of Goods
2.1 AWE is a trade only distributor and therefore will only supply goods to companies who have been authorised as resellers having first completed a Customer Registration Form and any additional agreements that may be in force, such as supplier specific agreements.
2.2 All requests from customers to change any of their registered details (address, tel. no. etc) must be made in writing by an authorised company representative to firstname.lastname@example.org from a recognised email address, or on headed paper posted to our registered office.
2.3 To ensure the company maintains its distribution agreements with suppliers/manufacturers, certain product lines will only be supplied to Authorised Dealers of that product, or under certain other restrictions. This will usually be identified within the AWE Trade Price List, via the company website, or notified at time of sale.
2.4 No customer on credit stop can have goods despatched.
2.5 Items identified as a “Stock Item” within the AWE Trade Price List or website are supplied subject to our standard terms. All purchase Orders are subject to acceptance by AWE.
2.6 All other items ordered or supplied are classed as “Special Order Items” and subject to additional terms including:
2.6.1 Orders for “Special Order Items” must be received in writing; otherwise the interpretation of your request made by the Company is final and the liability for any errors or changes is the purchaser’s responsibility.
2.6.2 Pro-forma account holders must pay in full for all Special Order Items and that payment be cleared, BEFORE goods are ordered from the supplier.
2.6.3 Credit Account holders with insufficient credit limit to cover the Special Order Items must pay the additional balance in full before the goods are ordered from the supplier, and that payment be cleared.
2.6.4 Orders received for Special Order Items cannot be cancelled once the goods are in transit to AWE, or beyond the time in which the supplier terms dictate that a cancellation is not possible, or anytime thereafter. Orders for customised products cannot be cancelled whatsoever. Any costs incurred will be charged on to the purchasing company.
2.7 Where Export is allowed, all orders must be received in writing and are subject to additional terms.
3.1 Payment is accepted by Cash (within limits), specified Credit and Debit Cards, or Bank Transfer. Transaction fees may apply. The company will only release goods when payment is cleared in full or within agreed credit account limits.
3.2 Goods will only be supplied on account to the company's approved credit account holders. Terms are strictly 30 days from date of invoice unless otherwise specifically agreed in writing by a Director.
3.3 For domestic orders, a settlement discount of 2% may be deducted where indicated from the trade price by pro-forma customers paying in advance via bank transfer, cheque, debit card, or cash on collection. No settlement discount is allowed when paying by Credit Card.
Settlement may also be deducted by account holders paying within 14 days of invoice via bank transfer, cheque or debit card. This assumes that no other overdue amounts are owed whatsoever. No settlement discount may be deducted when paying off an account by Credit Card. A surcharge of 2% will be charged when paying off an account by credit card that is over 14 days old.
3.4 Agreed credit limits cannot be exceeded unless authorised by the Head of Accounts, or a Director of the company. Where goods are despatched by the company outside of these terms immediate payment may be requested.
3.5 When an order will take the purchaser over their approved credit limit, cleared payment is required for the difference before goods can be despatched.
3.6 The company reserves the right to suspend and or terminate credit accounts by giving notice in writing to the purchaser’s main correspondence address, or the email address used for accounts purposes.
3.7 Credit/Debit Card Payments - Goods can only be delivered to the registered addresses of the cardholder unless explicitly authorised by a director, and only after substantial good trading history with AWE. This means third party deliveries are only available to approved account holders or once cleared bank payment has been received. In addition, ALL orders of over £5,000 and paid on credit/debit card must be authorised and delivered only to the registered address as authorised.
3.8 The company is entitled to charge interest on any overdue amounts charged at a rate of 2% per month or part thereof above the base interest rate of the company's bank. This can be implemented and backdated on any overdue amounts at any time by giving written notice to the purchaser.
4. Export (See also “Annex 1 - Export Sales”)
4.1 Where Export is allowed, all orders must be received in writing and cleared payment be made IN FULL before despatch. This may only be varied at the company’s absolute discretion and where sufficient credit insurance is available.
4.2 If being shipped within the EU, goods can be invoiced and paid for VAT free, assuming they are being shipped directly by the company.
4.3 If the goods are being collected by or delivered to a Bonded Shipping Agent/Courier, the payment and invoice can be made VAT free, assuming official documentation is provided.
4.4 If not bonded, the payment and invoice must include VAT, which will be refunded after approval once we receive the official documentation. This must show the address the goods went to and have our details/references on it such as invoice number, invoice value etc.
4.5 In order to reclaim VAT for deliveries outside the EU, once the goods have left the UK, the company must receive a copy of the certificate of shipment C88 (sometimes called a “Single Administrative Document”).
4.6 International payments paid into our bank may be subject to a $10 / €10 charge (per payment) to cover bank surcharges. This charge may be recovered at time of invoice or within 3 months.
5. Reservation of Title
5.1 Legal title of all goods supplied by the company shall not pass to the purchaser or user until payment of the whole purchase price and any other sums outstanding whatsoever have been received in full by the company.
6.1 Goods available from stock and ordered & paid by 5pm in the UK will be despatched the same working day wherever possible.
6.2 The company is not liable to compensate the customer or third party for claims occasioned by delays in completing an order or whilst in transit.
6.3 A contact name and telephone number MUST be provided for the delivery point, even if to a third party address.
6.4 No liability is accepted by the company for mis-delivery to a third party address, or for fraud.
7.1 All return requests must be notified to the Returns Department who will issue an official Returns Authorisation Request Form. Once received completed, a Returns Authorisation Number (RAN) will be issued. This RAN number does not confirm authorisation for credit or replacement.
7.2 Any items returned without an official RAN number will be rejected.
7.3 All items will be inspected on their return and must be in their original condition and packaging. Those considered to be below original condition or with missing packaging or accessories will not be fully reimbursed.
7.4 Credits will only be issued if found to be faulty or damaged from new as described on the RAN Request Form.
7.5 “Stock Items” returned for reasons other than being faulty from new or damaged in transit, will if accepted, be subject to a restocking charge of up to 20%.
7.6 “Special Order” items cannot be returned for any reason other than being faulty from new or damaged in transit.
7.7 Except where otherwise stated, where goods are received damaged and it is obvious upon delivery, the consignment note must be marked accordingly and the company notified in writing within 24 hours.
7.8 TV’s and Monitors over 32” must be visually inspected for screen damage on delivery as liability is transferred on signature.
7.9 Items will only be considered faulty from new if the company is notified in writing within 7 days of delivery and accepted for return by the manufacturer.
7.10 Any goods ordered or supplied as advanced replacements will be invoiced in full and only despatched if suitable payment is made or facilities are in place. Where the returned unit is proven not to be faulty, this liability remains with the purchaser.
7.11 The company does not undertake to reimburse any costs incurred in the return of faulty goods.
7.12 NO customer on credit stop can have returns processed.
8.1 Unless explicitly stated otherwise, all items are sold with a MANUFACTURER provided warranty only. As such, being a trade only company, AWE has no liability whatsoever regarding the warranty provision, as this warranty is provided to the purchaser direct by the manufacturer, who in turn offers this to the end user. AWE may facilitate the claim process as per below, or pass direct to a regional repair centre nominated by AWE or the manufacturer.
8.2 All warranty repair requests must be notified to the Returns Department who will issue an official Warranty Repair Authorisation Request Form. Once received completed, a Warranty Repair Authorisation Number (WRAN) will be issued. This WRAN Number does not confirm authorisation of warranty repair or give any acceptable of liability by AWE.
8.3 Any items returned without an official WRAN number will be rejected.
8.4 All items will be inspected on their return and if no fault found will be subject to a return carriage charge and a discretionary inspection or restocking charge. Which of these applied will be at the sole discretion of the company.
8.5 If the fault found is not considered a warranty repair (i.e.: damaged by user or tampered with), then the suggested cause & repair will be reported on and chargeable.
8.6 Any chargeable repairs will be invoiced and the goods only despatched if suitable payment facilities are in place. Where this payment is not forthcoming the company reserves the right to resell the goods to recover costs having given reasonable notice of such intent.
9. Price & Specification
9.1 Although every effort is made by the company to provide accurate information, it is the purchaser’s responsibility to ensure that all details are correct prior to order. Where inaccurate information has been provided or implied, the company has no liability and therefore does not undertake to reimburse any costs incurred as a result of this misinformation.
9.2 Price, specification and availability of products are subject to change without notice.
10. Website & B2B
10.1 Customers will only be able to activate and purchase via the company’s online B2B facility once they have a registered trade account and for that activation to be requested by an authorised representative of the purchaser. Not all customers will have access to this facility due to procedural restrictions.
10.2 The individual named as the “Key Purchaser” for each account is responsible for any orders made through the B2B facility. AWE cannot be held responsible for any fraudulent orders that may be made by any users of the account.
10.3 Orders placed via the B2B facility are subject to the same payment terms using the usual methods for that purchaser, be it l be through an approved credit account or pro-forma basis.
10.4 The placing of an order including via the B2B facility does not constitute acceptance of an order, which is only made once an order acknowledgment has been sent by the AWE sales team.
10.5 The company’s standard terms of business, including payment and returns applies.
11. Data Protection
11.1 AWE will hold information on you/your company only when it is relevant to our current or potential trading relationship, or improves our performance when serving as a supplier.
11.2 This information will be used where necessary to enable us to service your requirements including the provision of relevant (optional) marketing communications. The information held will be updated at the time any changes are notified or discovered. Relevant information will only be shared with third parties when they are appointed by us to fulfil duties in relation to our business (e.g. couriers, service agents etc).
11.3 If you would like to see details of the information we are holding please request this in writing. We will endeavour to provide you with this information within 14 days, but no later than 40 days from the date of request. Please note that a fee of up to £10 may be charged for this service.
12. Updates & Amendments
12.1 AWE reserves the right to update and amend these terms at any time by giving notice to the purchaser’s main correspondence address, be it by post or email.
The company accepts no liability whatsoever for any consequential loss however caused. This includes, but is not limited to losses caused by a failure of product or service, delays to delivery, cessation of stock availability, fluctuations in price, changes to specification, errors in communication or pricing etc.
Registered Office: AWE Europe Ltd
3A Blenheim Road
Main Tel: +44 (0)1372 729 777
Main Fax: +44 (0)1372 729 767
Main e-mail: email@example.com
Sales Tel: +44 (0)1372 729 995
Sales Fax: +44 (0)1372 729 771
UK sales e-mail: firstname.lastname@example.org
International sales email: email@example.com
VAT Reg. Number: GB 218 0612 92
© 2017 AWE Europe |
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