Terms & Conditions
General
These terms and conditions govern all orders placed with Albion Extrusions. By placing an order with the company, the customer acknowledges and accepts these terms and conditions. No changes, modifications, or substitutions to these terms and conditions will be binding unless expressly accepted by the company in writing. It is certified that the supplies detailed herein have been inspected and tested in accordance with the contract’s conditions and requirements. Unless otherwise noted, the supplies conform to the specifications and relevant drawings.
Exclusion of Warranties
(I) While Albion Extrusions takes every care to provide suitable goods and accurate information regarding capacity and performance, the company does not provide any condition or warranty as to the quality or fitness for any purpose, whether known to the company or not. All expressed or implied warranties or conditions, statutory or otherwise, are expressly excluded. The company shall not be liable for any loss or consequential damage.
(II) Any advice or approval provided by the company regarding plans, specifications, or any other matter is given without any liability on the company’s part.
(III) Any drawings, descriptions, weights, or dimensions provided by the company are approximate and intended as a general guide. The company will not be liable for any errors or omissions in relation to them. Items marked with a “#” are sourced from entities holding Third-Party Certification.
(IV) In the event of any defect in goods supplied by the company due to faulty material or workmanship, the company will repair or replace the goods if it is satisfied that the defect is due to faulty workmanship. To claim such repair or replacement, written notice of the defect must be provided to the company within 14 days of delivery, and the goods must be returned to the company’s works at the customer’s expense within 28 days thereafter. However, after this period, the company will not be liable for any further obligations.
(V) The company’s obligation to repair or replace such goods is also subject to the customer complying with all instructions provided by the company regarding the use of the goods.
Passing of Risk and Title
(I) Title of the goods supplied by Albion Extrusions shall remain with the company until the customer has paid the contract price in full.
(a) Albion Extrusions has the authority to retake, sell, or otherwise deal with any or all of the goods in which the title remains vested.
(b) For this purpose, Albion Extrusions or its authorised representatives may enter any premises where the goods are stored or reasonably believed to be stored without notice.
(c) Albion Extrusions may seek a court injunction to prevent the customer from selling, transferring, or disposing of the goods.
(d) Despite the above, the risk in the goods passes to the customer upon delivery, and until the title in the goods passes to the customer, the customer must insure the goods to their replacement value.
(II) When goods owned by Albion Extrusions are delivered to the customer, the customer may sell such goods in the ordinary course of business before payment is received, provided that the customer deposits Albion Extrusions’ share of the proceeds into a separate bank account designated as a fiduciary account for Albion Extrusions’ benefit.
(lll) The customer must store the goods separately from their own and third parties’ goods and clearly identify the goods as the property of Albion Extrusions. The customer shall not remove any identifying marks placed on the goods by Albion Extrusions.
Price Variations
Due to fluctuations in raw materials and costs, the invoicing of goods will be based on the prices in effect at the time of dispatch.
Deliveries
(I) Deliveries may be suspended in the event of circumstances beyond the control of the seller or buyer (e.g., strikes, lockouts, fire, accidents, frost, war, or similar events) that result in a shortage of fuel or raw materials or prevent the manufacture or shipment of the goods. Any suspended deliveries will be resumed at the same rate of delivery after the specified period, but neither the seller nor the buyer will be liable for any losses caused by such postponement of delivery.
(II) Each delivery constitutes a separate contract, and the failure of any delivery does not affect other contracts.
(lll) If the buyer fails to accept the delivery of goods when due, it will be considered that the seller has tendered the delivery, and the buyer has refused it.
Claims
Credits for non-delivery of goods cannot be granted unless the buyer notifies the seller of the failure to deliver within 10 days of the invoice date.
Shortage
Claims for shortages will not be accepted unless the buyer notifies the carriers in writing within three days of receiving the goods. Signing for the goods without examination does not provide protection.
Arbitration
Any disputes arising from or in connection with this contract shall be settled through arbitration in Southport, following the provisions of the Arbitration Act 1889 or any other applicable statutory modification, and otherwise governed by the laws of England.