Terms and Conditions of Sale

  • Application

These conditions apply to all contracts entered into by A & W Agricultural Ltd T/as CCP Modular, referred to hereafter as “the company”, for the sale of goods and the supply of services. These conditions shall supersede all previous conditions of the company and shall override any terms of conditions inconsistent herewith sought to be imposed by the customer which we are hereby expressly excluded.

  • Contract

The contract between the customer and the company is constituted by the customers’ acceptance in writing of the offer made by the company which forms part of the contract.

  • Variation

No Variation or waiver of these conditions or of the contract shall be effective unless agreed in writing by an authorised office of the company.

  • Price

All prices quoted or given ex-works and exclusive of VAT unless otherwise stated. All prices are subject to variation to reflect corresponding variations in the company’s own cost of goods, materials, fuel and labour. The contract price of goods including separate instalments of goods supplied under an instalment contract is the company’s ruling price at the time of delivery. The price of work done is based on the company’s rates for working during normal working hours. Work carried out outside these hours may be charged on the basis of overtime rates.

  • Payment
    • Unless otherwise stipulated by the company, payment for goods shall be made according to the following schedule:-
    • Deposit: 50% with order
    • Delivery to site: 50% to be paid 48 hours prior to delivery to site
    • Unless otherwise stipulated by the company, payment for site work done shall be made according to the following schedule:-
    • Deposit: 50% with order
    • Delivery to site: 50% to be paid on completion of works, within 14 days
    • The company shall be entitled to charge interest at 3% pa above the base lending rate at the HSBC Bank Ltd, on accounts from the date due until payment.
  • Delivery

Any time or dates given by the company are estimates only. Whilst the company will always endeavour to meet delivery dates, no time or date given or specified by either party will be binding on the company, or form part of the contract. In instances where delivery cannot be affected by the company due to circumstances outside its control, invoices will be rendered upon factory completion. Where the company undertakes delivery of the goods, the customer shall pay the Company’s charges ruling at that time. Risk in the goods shall pass to the customer on delivery. In the event of loss or damage caused in transit, the company shall be under no liability therefor unless the customer signs for the goods as damaged or short delivered with in 3 days of receipt of goods.

  • Force Majeure

The company shall not in any event be under liability for any loss or damage suffered by the customer if delivery of goods, completion of work or performance of the contract by the company is prevented, hindered or delayed by a Force Majeure, or by circumstances outside the control of the company.

  • Descriptions and Specifications
    • In accordance with the Company’s policy of continuous development and improvement, the company reserves the right to make reasonable or necessary alterations to specifications of goods, even after the contract is made, provided that performances are not adversely affected.
    • The company shall not be under any liability in respect of descriptions or specifications or other matter in relation to goods contained in any materials, such as catalogues, price lists, trade publications and advertising matter, apart from that contained in the Final Quotation itself. Such matter is off general informative and descriptive effect only and forms no part of the contract.
    • The company reserves the copyright in respect of any drawing of plan, set of specifications or calculations in relation to goods, or list components or materials. None of the same may be divulged to a third party without written consent of the company.
  • Defects
    • The company undertakes to replace or, at its discretion, repair any goods found defective as to materials or workmanship within 3 months of delivery, provided notification of such defect is made in writing within 7 days of it becoming apparent to the customer.
    • Apart from such undertaking, no condition is made or warranty given by the company or, to the extent that is permitted, is to be implied by law as to the quality, merchantability, fitness for any purpose, life or wear of the goods in any conditions. Nor are any such conditions or warranties made, given or to be implied in respect of work done.
    • In no event do any of the above conditions or warranties, whether expressed or implied, extend to goods exported out of the UK. Any such conditions and warranties cease and/ or are extinguished on export.
    • Consequential loss

The company shall not in any event be under any liability to the customer in respect of consequential loss or damage whether direct or indirect and however arising.

  • Access and work on site

Where the company undertakes delivery, installation or other work on site, the customer shall be responsible for providing, at customers own expense, safe and suitable site access, facilities for unloading, electrical power and a crane, when required, for connecting all services and for the provision of accurate and sufficient information and details as necessary to enable the company to carry out the work. The customer shall be responsible for obtaining all necessary planning permissions and consents and complying with all statutory requirements and byelaws, and for providing all necessary and responsible assistance and cooperation to the company, its servants and agents, in connection with the performance of the work. The customer shall be liable to the company for any loss and damage and or cost of delay caused by customer’s failure in any of the above respects. The company shall have the right to make any reasonable or necessary alterations to the contract work provided that such alterations to the contract work provided that such alterations do not affect the overall concept, engineering standards or, save where the customer is responsible for the alterations, price.

  • Customer’s Goods

The company shall be under no responsibility for loss or damage, however caused, for customers’ goods after delivery, either while on the premises of or under the control of the company or in transit.

  • Property in Goods

Until the company has been paid in full for the goods comprised in this or any other contract between the customer and the company:

  • The goods remain the property of the company.
  • The company may recover the goods at any time from the customer if the customer is in default of payment or conveys unwillingness or inability to pay. For that purpose the company may, by its servants or agents, enter upon any land/premises occupied by the customer where the goods are situated.
  • If the customer incorporates the goods into other goods, or uses them as materials for other goods, the property in those goods becomes that of the company.
  • The customer is entitled to dispose of the goods or such other goods and pass good title for them, for the account of the company. On such disposal the customer is under a fiduciary duty to the company to account for the proceeds to the full extent of his indebtedness. The customer shall not be acting as the company’s agent for this or any other purpose,
  • Insolvency

If, before the customer makes a payment, the customer becomes insolvent or bankrupt or enters into a scheme or arrangement or composition with creditors or goes into liquidation or is put into the hands of a receiver or commits an act of bankruptcy or the customer expressly or implies his inability or unwillingness to pay the price, the company shall forthwith be entitled to exercise any or all of the following:

  • Retain all monies paid by the customer
  • To stop all goods in transit and exercise a lien over them to resell and to claim from the customer any further loss arising in any manner whatsoever and to be indemnified by him.
  • The company shall be entitled to claim from the customer or their agent such sum as will satisfy the whole loss
  • Law

The terms of this contract shall be construed under the laws of England & Wales.

These Terms & Conditions will be deemed accepted and agreed upon receipt of order.

A&W Agricultural Services Ltd.
Ffordd Works
Llangynog Road
SA33 5BL