Terms of
Business (v2.6)
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. General
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superseded by any terms provided by the Purchaser.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, telephone number, email address or other account
information) must be made in writing by an authorised company representative to
accounts@awe-europe.com from a recognised email address, or on company
headed paper sent 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 the 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 at any time thereafter.
Orders for customised products cannot be cancelled whatsoever. Any costs
incurred will be charged to the purchasing company.
2.7
Where export is allowed, all orders must be received in
writing and are subject to additional terms.
3. Payment
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
A surcharge of 2.5% will be charged when paying off an
overdue account by any method other than BACS.
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, there is a £5,000 limit on all card payments
and the Company reserves the right to apply a 2.5% surcharge.
All orders over £5,000 and paid by 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 at a rate of 1.5% 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 the 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. Delivery
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. Returns
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 items considered to be below
original condition or with missing packaging or accessories may be rejected /
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
TVs and Monitors over 32” must be visually inspected for
screen damage on delivery as liability is transferred on signature.
7.9
Items can only be considered faulty from new if the company
is notified in writing within the terms required by the manufacturer and as
shown on the specification tab our website, but no more than 28 days from date
of purchase.
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. Warranty
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 Europe Ltd processes personal information in accordance
with applicable UK data protection legislation.
11.2
Personal information may be collected, stored and used where
necessary to establish, manage and support our trading relationship with
customers, suppliers and business partners, including the processing of orders,
administration of accounts, customer support, delivery of goods, credit
management, website access and related business communications.
11.3
Personal information may be shared with carefully selected
third parties where reasonably necessary to support our business operations,
including couriers, payment providers, manufacturers, service providers,
professional advisers and technology partners. Such information will only be
shared where appropriate for the relevant business purpose.
11.4
Details of how AWE collects, uses, stores and shares
personal information, together with information about individual rights under
applicable data protection laws, are provided within our Privacy Notice,
available on our website.
11.5
Requests relating to personal information should be directed
to:
Email: connect@awe-europe.com
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,
whether by post or email.
13. Liability
13.1
Nothing in these Terms of Business shall exclude or limit
any liability where it would be unlawful to do so.
13.2
Subject to Clause 13.1, AWE shall not be liable for any
indirect, consequential or economic loss arising from or in connection with the
supply of goods or services.
13.3
Without limitation, this includes loss arising from:
- Failure
or malfunction of products;
- Delays
in delivery;
- Product
discontinuation or cessation of availability;
- Changes
to product specifications;
- Fluctuations
in pricing;
- Communication
errors;
- Pricing
errors;
- Stock
shortages; or
- Reliance
upon inaccurate or outdated information where current manufacturer
information should reasonably have been verified.
13.4
Customers are responsible for verifying product suitability,
specifications, compatibility and installation requirements prior to purchase,
installation or use.
13.5
Subject to Clause 13.1, AWE shall not be liable for loss of
profit, loss of revenue, loss of business opportunity, loss of anticipated
savings, loss of contracts, loss of goodwill or business interruption.
Registered Office
AWE Europe Ltd
Alexander House
3A Blenheim Road
Epsom
Surrey
KT19 9AP
Main Tel: +44 (0)1372 729 777
Main Email: connect@awe-europe.com
UK Sales: sales@awe-europe.com
International Sales: export@awe-europe.com
Website: www.awe-europe.com
VAT Registration Number: GB 218 0612 92