Terms and Conditions

1. DEFINITIONS - in these Terms and Conditions of Sale all references to 'the Company' are to ACS Agencies Ltd. t/a ACS Barware, all references to the 'Buyer” are to the person, firm or company by whom the Order is given to the Company and all references to goods are to the goods which are the subject of the order.

2. GENERAL - All contracts for the sale of goods by the Company shall be deemed to incorporate these Terms and Conditions of Sale except as otherwise specifically agreed in writing by the Company. These Terms and Conditions of Sale shall override any terms and conditions stipulated, incorporated or referred to by the Buyer in any order, correspondence, negotiations or in any other way,

3. OFFER AND ACCEPTANCE
(a) The Company's price lists and quotations do not constitute offers by the Company.
(b) No order is binding on the Company until accepted by the Company's issue of an official order acknowledgement or invoice.
(c) Acceptance of the Buyer's order is subject to the goods being available and unsold.
(d) After an order has been accepted by the Company, the order can only be cancelled with the Company's written consent.

4. PRICES AND PAYMENT TERMS
(a) All prices and quotations are subject to variation or withdrawal by the Company at any time without notice.
(b) Any duty or tax, present or future, levied or imposed in any country or territory in respect of the sale or delivery of the goods is payable by the Buyer.
(c) The total purchase price, including VAT and delivery charges, if applicable, will be displayed in the Buyer’s quote which we will send to you prior to order confirmation.
(d) Payment of the total purchase price including any VAT and delivery charges must be made in full before dispatch of the goods.

5. DELIVERY
(a) While the Company will endeavour to meet quoted delivery dates, it will not be liable for any delay in delivery however caused or for any loss or damage consequential or otherwise arising therefrom, nor shall any delay entitle the Buyer to cancel any contract.
(b) If a contract provides for delivery by installments, each installment shall be deemed to be the subject of a separate contract. Non-delivery or delay in delivery of any installment shall not affect the contract as regards other installments.
(c) Goods are not supplied on a sale-or-return basis and a full signature for the goods received must be given at the time of each delivery, signature or the delivery document being conclusive proof of delivery. No goods may be returned without the written permission of the Company. The Company shall not be under any Liability whatsoever for goods returned by the Buyer without permission.
(d) Incorrect details may lead to delays in delivery. Before placing your order please ensure that the delivery address and postcode are correct along with your contact telephone number and email address.

6. DAMAGED OR DEFICIENT GOODS
(a) In the event of goods reaching the Buyer in a damaged or deficient condition the Buyer should:
(1) notify the Company immediately;
(2) submit to the Company's Head Office written particulars of the claim within three days of receipt of the goods.
(b) Claims for total or partial loss of consignment must be received at the Company's Head Office within seven days of the date of the relevant invoice.
(c) Failure by the Buyer to notify the Company shall be deemed as acceptance of the goods by the Buyer.
(d) Damaged or deficient goods shall be returned to the Company by the buyer. The Buyer shall be entitled to a full refund (including delivery costs) plus any return carriage charges if the goods are in fact defective. Costs for the return carriage of defective goods will be paid subject to the Company being able to nominate the carrier;

7. CANCELLATION AND RETURN
(a) Orders may be amended or cancelled before 3pm on the day of sale or the next working day before 3pm if the order is placed on a weekend or Bank holiday;
(b) The Buyer has the right to cancel the order by informing the Company within 1 working day commencing the day after receipt of goods;
(c) On cancellation, the Buyer shall return the goods to the Company at its own expense (unless the goods are damaged or defective as outlined in 7(e) above) within 2 working days; a refund of all monies paid for the goods (excluding delivery charges and a 35% re-stocking charge) will be made to The Buyer within 30 days of cancellation.
(d) The goods must be returned to the Company unused, undamaged and in a saleable condition;
(e) Where the returned goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of the goods.

8. RISK AND INSURANCE
The risk in goods agreed to be sold by the Company shall pass on delivery of the goods to the Buyer. The Company shall be entitled to treat the risk as having passed if the Buyer fails to require or accept delivery of the goods (as the case may be) when delivery falls due;

9. FORCE MAJEURE
(a) The Company shall not incur any liability or be responsible for any loss or damage sustained by the Buyer arising out of or in consequence of any interruption in the source of supplies, holding up or delay in shipment or deliveries, any prohibition of import or export, the seizure or stoppage of or requisition of ships or vessels, Acts of God, outbreak of hostilities (whether or not war is declared), insurrection, riot, Civil disturbance, Government act or regulation, fire, flood, explosion, accident, theft, climatic conditions, strike, lock-out or trade dispute (whether of the Company's employees or some other parties) shortage or unavailability of goods, labor or power, or caused by or resulting from any other event or circumstances (whether or not of the same or similar kind to those enumerated) beyond the Company's control. :
(b) Without prejudice to the generality of paragraph (a) of this Condition, the Company shall still have the right to cancel or delay delivery or reduce the amount delivered (without any liability on the Company for any toss or damage, consequential or otherwise arising therefrom). If the Company is unable to fulfill its contractual obligations by reason of any cause beyond the Company's control.

10. ALTERATIONS AND AMENDMENTS - The Company reserves the right to alter or amend these Terms and Conditions of Sale generally or for any particular class of goods or customer.

11. GOVERNING LAW - These Terms and Conditions of Sale and all contracts for the supply of goods by the Company shall be governed by and construed in accordance with English Law and both parties shall submit to the jurisdiction of the English Courts.



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