01952 641004 or 0203 697 8478

Terms & Conditions

  1. In these conditions:-

  2. The Company means Arax Limited
    The Purchaser means the individual company or organization whose Order for the Goods is accepted by the Company
    Goods means the goods (including any installment of the goods or any any parts for them, annual inspection service and the provision of any advice) which the Company is to supply in accordance with these conditions.
    Conditions means the condition of business of sale set out in this document and (unless context otherwise requires) includes any special terms and conditions agreed in writing between the Company and the Purchaser.
    Contract means the Contract for the purchase of sale of the Goods.
    Writing includes telex, cable, facsimile transmission and comparable means of communication.
    Order means any Order placed with the Company by the Purchaser.
  3. The acceptance of any quotation includes the acceptance of these conditions. The Company shall not be bound by any conditions contained in a Purchaser order if they are inconsistent with these conditions and if there is any conflict between the Purchaser's terms of business and these conditions of business, then these conditions shall prevail. No variation of these conditions shall be effective unless made in writing and signed on behalf of the Company and the Purchaser.

    1. Prices quoted remain valid subject to notification of acceptance of quotation within 30 days of quotation date for delivery within 120 days of that date. Where there is no quotation, then unless otherwise agreed, the prices will be Company's published prices ruling at the date of order.

    2. A reasonable adjustment in the contract price will be made if the Purchaser's requested time scales cause work to be carried out outside normal working hours. Further adjustments may be made under the conditions below.

    3. Unless otherwise stated, prices are exclusive of Value Added Tax, Sales Tax or any similar tax and import and other duties which will be payable by the Purchaser in addition.

    4. No order which has been accepted by the Company may be cancelled by the purchaser except with the agreement in Writing of the Company and on terms that the Purchaser shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the seller as a result of cancellation.

  4. Any date given by the Company or the Purchaser for delivery, installation or completion of contract or any stage of it is given and intended as an estimate only and is subject to these conditions and is not to be of the essence of the contract. The Purchaser shall nevertheless be bound to accept the Goods or services ordered when available unless the delay is due to circumstances within the Company's reasonable control and more than 3 months has passed since the estimated date for delivery, installation or completion of contract.

  5. All descriptive and other specifications, drawings and particulars of weights and dimensions contained within the Company's literature or submitted with any quotation are approximate only. If the Company agrees any variation of specification, additional materials and/or labour involved will be chargeable extras.

  6. All amounts charged by the company are net and shall be paid without deduction or set off and except as provided below are due for payment during the month following the date of the Company's invoice. The Company shall be entitled to recover the price notwithstanding that delivery may not have taken place and property in the Goods has not passed to the Purchaser. Interest at the rate of 2.5% per month or part of the month shall be paid on all overdue accounts.

  7. For contracts or orders exceeding £250 in value, the Company reserves the right to call for payment by installments comprising interim progress payments and a final payment. Each interim payment shall be paid within 7 days of the date of application for payment and the final payment shall be paid during the month following the date of the Company's invoice.

  8. When it is agreed that any payments are to be conditional on the issue of the Architect's Certificate, payment shall be made within 21 days of the Certificate.

  9. Risk will pass to the Purchaser on delivery and where Goods are delivered to the Purchaser's site they will be unloaded, stacked and stored at the Purchaser's risk.

  10. Goods remain the property of the Company until payment for all the Goods comprised in the same quotation or order has been received in full and at any time prior to that, and without prejudice to any other remedies, the Company or its agents shall be entitled immediately after giving notice of its intention to do so to enter upon the Purchaser's premises with such transport as may be necessary to repossess any Goods in which the property has not passed to the Purchaser. This provision confers no right on the Purchaser to return Goods.

  11. Breakages in transit or shortages are to be notified to the Company and the carriers within 3 days of delivery of the Goods. Non-receipt of Goods must be notified to the Company and the carriers within 14 days of the date of the Company's advice of dispatch. Claims in respect of such breakages or non-receipt will be void if notifications are not made within these periods.

  12. Unless otherwise stated in the quotation, it is assumed that:

    1. The site is accessible, cleared before the arrival of the Company's Installation Team, level and dry;

    2. The work can be carried out with continuity and with one visit to site;

    3. The electricity supply is available free of charge for light and power tools;

    4. Sufficient working space will be allocated to ensure maximum output, sufficient storage space is provided free of charge for the Company's immediate use on or adjacent to the site for plant and all materials and all materials are on site before the arrival of the Company's erectors;

    5. The Company's employees are given every facility to complete their work without undue hindrance;

  13. Where other contractors are also involved, that their programme's will be such as to permit the Company's work to be carried out with continuity and with one visit to the site; and the Purchaser will be ready to take delivery of the Goods at its site on the estimated delivery date referred to in the quotation or order.

  14. The Company reserves the right to charge extra should any of these conditions not be adhered to and cause additional costs to the Company. The Company reserves the right to delay installation and/or delivery where it considers the site conditions would be detrimental to materials being installed.

  15. The Company reserves the right to change and improve the design of some or all of the component parts included in a quotation or order and to supply components so changed and improved in satisfaction of the order provided that any changes will not adversely affect performance for the purpose for which the component was designed.

  16. The Company accepts no responsibility for obtaining any planning/building permission, deemed necessary by any local authority for Goods provided by the Company to the Purchaser.

  17. Installations can transmit various loads onto the existing structure/fabric of the building. The Company recommends the Purchaser verify the capability of the existing structure/fabric of the building to sustain any such loads transmitted by installations.

  18. The Company shall be entitled to cancel any contract for the sale or supply of Goods or of services or suspend any further deliveries under any contract without any liability to the Purchaser and without prejudice to any other remedies if the Purchaser fails to pay any sum payable to the Company under that or any other contract on the due date or makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise and for the purpose of amalgamation or reconstruction) and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

  19. In this clause, reference to the "specification" is, where there has been a quotation, to the specification submitted with the quotation and in other cases the specification contained in the Company's published literature at the date of order. The Purchaser must ensure that the performance of Goods as shown in the specification is fit for the Purchaser's purpose and the Company accepts no responsibility for this. The Company undertakes that if the Goods do not correspond with their specification or are subject to defects in material or workmanship when delivered and the Purchaser notifies the Company of such non-conformance or defects within 3 months of the date of delivery of the Goods (or if the Company installs of the date of completion of installation) then the Company will, at its option, repair or replace the faulty Goods free of charge or at its discretion refund to the Purchaser the price of the Goods but the Company shall have no further liability to the Purchaser. The Company may authorize in writing the repair by a third party at the Company's expense but it has no liability for the cost of repairs not so authorized. Where the Company supplies services, the Company warrants that it will perform those services with reasonable skill and care. Save for the above undertaking and warranty and any express written guarantees given by the Company and referred to in the quotation. All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

  20. Limitation of Liability

    1. Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Purchaser

    2. For loss of profit, revenue, contracts or business or any indirect or consequential loss whether arising from negligence, breach of contract or howsoever.

    3. The Company's liability in respect of loss of or damage to any tangible property shall not exceed 1 million pounds in respect of each event or series of connected events.

    4. Except in respect of liability for loss of or damage to property as referred to in above, the aggregate liability of the Company in respect of all claims arising out of or in connection with any contract for the supply or sale of goods or services shall not exceed the price payable by the Purchaser under that contract.

  21. The Company accepts no liability for injuries, expenses or damages caused by incorrect, faulty or improper assembly and installation or use of Goods by the Purchaser. The Purchaser undertakes to take all steps sufficient to ensure so far as is reasonably practicable that the Goods will be safe and without risk to health by properly using and handling them in accordance with the recommendations of the Company. Advice on assembly and installation is available upon request from the Company's technical division to whom reference should also be made if the Purchaser proposes to change the structure or significantly change the use of any Goods.

  22. The Company shall not be liable for delay in performing or failure to perform any obligation if that delay or failure is caused by circumstances beyond the Company's reasonable control.

  23. The laws of England shall govern these conditions and every contract incorporating them.