Able UK – Terms and Conditions of Purchase
- All goods shall be of the description and quality set out in this Purchase Order and in the absence of any such specification, all goods shall be the best of their respective kind, complying with the appropriate BS (if any) and shall in all cases be free from any defect in design, workmanship and to the reasonable satisfaction of the Purchaser and, if appropriate of the Architect/Engineer/Supervising Officer for the purpose of the Contract works, or other purpose as described in or to be inferred from this Purchase Order. A copy of any relevant contract may be inspected during normal working hours at the Purchaser’s offices by prior arrangement.
- Where appropriate the Supplier will provide instruction and maintenance manuals and installation information.
- Where any documentation provided by the Supplier defines any performance characteristic of the goods, then the goods shall additionally meet any such definition.
2. PRICE AND TERMS OF PAYMENT
- The Purchase shall pay for the goods at the price set out in this Purchase Order or such price shall be ascertained from the terms of this Purchase Order.
- The price is inclusive of delivery costs unless otherwise stated in this Purchase Order.
- Any invoice rendered at a price other that that set out in this Purchase Order shall not be payable unless such price has been previously notified to and accepted in writing by the Purchaser by issue of an amendment to this Purchase Order.
- Invoices should be sent as directed in this Purchase Order.
- Payment will be due against invoices within 60 days of the end of calendar month following the month in which invoices are received.
- The Purchaser or any group company may exercise a right of set-off against sums due under this Purchase Order or any sum due or said to be due from the Supplier to the Purchaser under this or any agreement.
3. DELIVERY AND TITLE
- It is of the essence of this Purchase Order that delivery is made either at the place and the time specified in this Purchase Order or if no place and/or time is specified then at such place and/or at such time as shall be notified by the Purchaser to the Supplier, or if no such notification is received then the onus shall be upon the Supplier to verify such information prior to delivery.
- Where payment is made in advance of delivery, then all goods in respect of which such payment is made shall immediately vest in the Purchaser but risk of loss and damage shall remain with the Supplier until completion of delivery as aforesaid.
- Where the order is for services on a time related basis then the Supplier shall obtain a signature from an authorised company representative on a daily basis for all work chargeable.
- Please note that we only accept liability for goods that are referred to on this order. Under no circumstances will we accept liability for any additional costs out with this order. If additional items or extended hire periods are required then you must obtain an additional written order from ourselves for this.
- All delivery notes are only valid if signed by an authorised representative of the company, and in all cases should show a signature and a printed name.
- Where the order is for services this will be on the basis that the supplier, where relevant, has the required subcontractors tax certificate status and has, where applicable, shown the buyer.
If the supplier fails to comply with any of the terms of this Purchase Order then without prejudice to any other rights and remedies the Purchaser may possess, the Purchaser may take any one or more of the following actions:
- Return the goods to the Supplier at the Supplier’s expense.
- Require the Supplier at the Supplier’s expense to repair and/or replace the goods so that they comply with the requirements of this Purchase Order.
- Repair and/or replace the goods at the Supplier’s expense.
- By notice in writing to the Supplier and without incurring any obligation to make further payment to the Supplier cancel this Purchase Order or any part of it.
- recover from the Supplier such damages as the Purchase may have incurred in consequence of the Supplier’s failure.
5. INSPECTION AND TESTING
- The Supplier shall at no cost to the Purchaser carry out all such tests and operate such quality control procedures as may be necessary for ensuring that all goods comply with Clause 1 of this Purchase Order.
- The Purchaser may specify what inspections, tests and procedures should be carried out by the Supplier at the Supplier’s cost in order to demonstrate compliance with Clause 1 of this Purchase Order.
- The Purchaser and parties authorised by the Purchaser shall at all reasonable times have access to the premises of the Supplier and his sub-contractors and suppliers in order to monitor progress, carry out inspections, witness tests and carry out Quality Assurance Audits.
- The Supplier shall conform to the Formal Quality Manual System adopted by the Purchasing accordance with the applicable requirements of BS 5750 or any amendment thereto or any acceptable alternative.
The exercise of the foregoing rights and obligations shall not relieve the Supplier from his obligations under the terms of this Purchase Order.
6. PROPERTY RIGHTS
The Supplier shall indemnify the Purchaser against all costs, losses and expenses however incurred by the Purchaser through any infringement of any patent, copyright or trademark or any like property right arising out of the supply of the goods.
The Supplier shall not sub-let any part of this supply without first receiving the written consent of the Purchaser.
The Supplier will indemnify the Purchaser against any loss or damage including any claim made by any third party and any associated costs where there has been injury or damage to any persons or property arising out of the performance or failure to perform this Purchase Order.
9. RIGHT OF CANCELLATION
Upon payment to the Supplier of the cost excluding any profit of work executed by the Supplier the Purchaser may cancel the whole or any part of this Purchase.
The terms of this Purchase Order shall be unconditionally accepted by the Supplier’s written acceptance of delivery of the goods notwithstanding that any written acceptance or delivery note containing terms at variance with these terms then these terms shall prevail unless the Purchaser is advised in writing that the Supplier is making a counter offer.
10.1 This contract/debt can not be assigned to any other party without Able UK Limited’s (or Alab Environmental Services Limited) Company Secretary’s prior written consent.
11. PROPER LAW
Unless otherwise stated in this Purchase Order this contract shall be governed and construed in accordance with English Law and the parties agree to submit to the jurisdiction of the English courts.
11.1 Each of the Parties hereby irrevocably submits to the laws of the courts of England and Wales.
12. This order is placed subject to the following conditions which cancel and supersede any terms or provision of the Supplier.
13. HEATH AND SAFETY
The Purchase Order is conditional on the Supplier complying with the duties imposed on it by Health and Safety at Work Act 1974 or any subsequent act and in particular reference to Section 6 and any amendment thereto as it may apply to the goods.
All goods or services supplied under this Purchase Order must comply with all legislation applicable in the United Kingdom.
The Supplier is to comply with the Health and Safety at Work Act 1974, The Consumer Protection Act 1987 and all orders and regulations made under these Acts in relation to the design, manufacture and supply of any materials supplied against this Order, to the entire satisfaction of HM. Factory Inspectorate.
In accordance with this legislation, we must be advised of any actual or potential hazard arising from the use of materials purchased from you.
We must therefore, require that any such material must be prominently marked as such when delivered to site or collected by our Hauliers must be accompanied by full instructions for the safe use, handling, storage and transport thereof. Information as detailed below is to be forwarded without delay on receipt of the Order to our Office marked for the attention of the Buyer concerned clearly stating the relevant Contract Number and Order Number.
C.O.S.H.H. data required for materials supplied against this order.
5.6 (4)(c) of the Health and Safety at Work etc. Act 1974, as amended by the Consumer Protection Act 1987, places a duty on Manufacturers, Importers of Suppliers of substances to:-
Take such steps as are necessary to secure that persons supplied with the substance are provided with adequate information about any risks to health and safety to which the inherent properties of the substance may give rise, about the results of any relevant tests which may have been carried out on, or in connection with the substance and about any conditions necessary to ensure that the substance will be safe and without risks to health when it is being used, handled, processed, stored or transported by a person at work and when the substance is being disposed of.
There is also a requirement of Manufacturers, Suppliers etc to make every reasonable effort to inform Customers (past and present) of any amendment/revisions to the Hazard Data Sheets originally provided.
In accordance with this Hazard Data Information Legislation, your co-operation is required to provide us with the following information for each of the substances covered by the attached order:
- Occupation or Maximum Exposure Limits for each component
- Physical and Chemical Properties with results of any relevant tests, e.g. flammability, explosibility or toxicity
- Health Hazards including details of any known synergistic reactions with other substances
- Fire Hazards
- Recommended precautions for storage
- Recommended precautions for transportation
- Handling/use precautions including advice on personal protective equipment
- Disposal (Methods and Precautions)
- Additional Information – ecological hazards, relevant regulations, advise to occupation Medical Officers, references and any hazard that research or experience in the use of the substance has indicated may arise.
Should you be unable to provide part of all the Data requested, please furnish the reason in writing so that we may seek further advice and take any action considered necessary.