Terms & Conditions

Terms & Conditions

GENERAL

Every buyer processing for order, abide all the rules and regulations defined against any product supplied by ASKPowers or any of its secondary companies and accept entire terms enlisted here.

Modification of these conditions is not possible unless the ASKPowers approves with written notice and ASKPowers will not believe to accept any other condition by failing

  1. These conditions may not be modified or varied unless the ASKPowers agrees in writing and the ASKPowers will not be deemed to accept any other conditions not waive any of these conditions by failing to object to provisions contained in any purchase order or other communications from the Buyer. No person has authority on behalf of the ASKPowers to vary any conditions except by a written variation signed by a director or the ASKPowers secretary.
  2. VALIDITY OF QUOTATIONS. Quotations from the ASKPowers are stated to be open for such time as may be specified in each such quotation and provided it is not withdrawn by the ASKPowers in such period it remains capable of acceptance. No binding contract will be created by the acceptance by the Buyer of the ASKPower’s quotation until a notice of such acceptance has been given in purchase order and has either been signed by the ASKPower’s duly authorised representative or the ASKPowers has indicated to the Buyer orally or in writing its acceptance of such order.
  3. If the Buyer places an order with the ASKPowers without requesting a quotation from the Company or before such quotation has been provided, all deliveries carried out in satisfaction of such order will be subject to these conditions.
  4. NEW ACCOUNTS. Buyers are requested to make purchases via our website. Buyers wishing to open a credit account are requested to complete and sign an Application for Credit Account form (“Application Form”). The Proprietor(s), Partner(s) or an authorised employee (if a Limited Company), must sign the Application Form. Application forms must be submitted with the last twelve months of audited accounts. Until an Application Form has been received and a credit account approved [in writing], orders will not be accepted until cleared funds have been received.
  5. SETTLEMENT TERMS. Unless otherwise agreed by the ASKPowers in writing, accounts are payable in full prior to delivery of the Goods taking place. If the Buyer has exceeded any agreed credit terms, the ASKPowers may demand immediate payment of all amounts outstanding from the Buyer to the ASKPowers on any account. The ASKPowers reserves the right to withdraw credit at any time and demand immediate payment of all monies outstanding.
  6. The ASKPowers, at its discretion, shall be entitled to exercise its statutory right to claim interest under the Late Payment of Commercial Debts Regulations 2002, as modified or re-enacted from time to time. The ASKPowers may exercise this right, in addition to any other rights it may have in respect of Goods or non-payment.
  7. Where the contract is to be or maybe fulfilled in separate installments, deliveries or parts, payment for each such instalment delivery or part will be made as if the same constituted a separate contract. Failure by the Buyer to pay for an instalment in accordance with this clause will entitle the ASKPowers without prejudice to its other rights and remedies to suspend further deliveries of Goods under any other contract to the Buyer, pending payment by the Buyer.
  8. The Buyer will indemnify the ASKPowers against all cost, losses and liability including but not limited to all legal expenses and disbursements incurred by the ASKPowers in recovering any amount which is overdue from the Buyer to the ASKPowers pursuant of the Agreement or otherwise.
  9. PRICES. Unless otherwise agreed in writing all orders are executed subject to prices and any relevant discounts ruling at the date of receipt of the order and any price list of the ASKPowers whether published or not will not affect the right of the ASKPowers to charge for Goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate.
  10. In the event of termination, variation or suspension of a contract on the Buyer’s instruction or by lack of instruction, the contract price will be adjusted to reflect the additional costs incurred by the ASKPowers. Where a price per unit has been quoted and the Buyers requires a smaller number of units to be delivered than those quoted for, the Company reserves the right to adjust the rates of prices applicable thereto.
  11. CREDIT. Any contract will be subject to the ASKPowers being satisfied as to the Buyer’s creditworthiness and without prejudice to the generality of the foregoing, the ASKPowers may in its absolute discretion, having informed the Buyer that the Goods are ready for delivery, refrain from delivering the Goods until such time as the Buyer tenders the purchase money to the ASKPowers in a form satisfactory to the Company.
  12. ORDERS. The Buyer may place orders on ASKPowers website or by post, fax, e-mail or telephone.
  13. Where orders are sent by post fax or e-mail in confirmation of telephone instructions the Buyer will ensure they are clearly marked as such, failing which any additional expense incurred by the ASKPowers as a result of duplication of orders will be charged to the Buyer.
  14. DELIVERY. Delivery dates (if any) given by the ASKPowers are given in good faith to indicate estimated delivery times but will not amount to any contractual obligation to deliver at the times stated. The ASKPowers will not be liable for any loss including (but not limited to) loss of profit, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence) nor unless any delay exceeds 180 days will such delay entitle the Buyer to terminate or rescind the contract.
  15. Failure by the Company to deliver any one or more (but not all) installments in accordance with this contact will not entitle the Buyer to treat this contract as repudiated.
  16. If the Buyer fails to take delivery of any of the Goods when they are ready for delivery or fails to provide any instructions or authorizations required to enable Goods to be delivered on time the Goods will be deemed to have been delivered and (without prejudice to its other rights) the ASKPowers may:-

17.1 – store the Goods until actual delivery or sale and charge the Buyer for all related costs and expenses (including, without limitation, storage and insurance); and/or 17.2 – following written notice to the Buyer, sell any of the Goods at the best price reasonably obtainable in the circumstances and charge the Buyer for any shortfall below the price agreed with the Buyer.

  1. PASSING OF TITLE/RISK. Risk of damage to or loss of the Goods will pass to the Buyer upon delivery.
  2. Ownership of the Goods will not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to the Company from the Buyer on any account.
  3. Until ownership of the Goods has passed to the Buyer, the Buyer must:

20.1 hold the Goods on a fiduciary basis as the Company’s bailee;

20.2 store the Goods (at its own cost) separately from all other goods of the Buyer or

any third party so that they are identifiable as the ASKPowers’s property;

20.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;

20.4 maintain the Goods in satisfactory condition insured on the ASKPower’s behalf for their full price against all risks to the reasonable satisfaction of the ASKPowers. On request the Buyer will produce evidence of the policy of insurance to the ASKPowers; and

20.5 hold any proceeds of such insurance on trust for the ASKPowers separately from any other money, and not pay the proceeds into an overdrawn bank account.

  1. The Buyer may resell the Goods before ownership has passed to it provided such sale is:

21.1 in the ordinary course of the Buyer’s business at full market value and the Buyer will account to the ASKPowers accordingly; and

21.2 on the Buyer’s own behalf and the Buyer deals as principal when making such sale.

  1. If the ASKPowers cannot determine which goods are the Goods, the Buyer will be deemed to have sold all goods sold by the AskPowers to the Buyer in the order which they were invoiced to the Buyer.
  2. The ASKPowers will be entitled to recover payment for the Goods notwithstanding that ownership of any Goods has not passed from the ASKPowers.
  3. The Buyer grants the ASKPowers, its agents and employees an irrevocable license at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
  4. DELIVERY/CARRIAGE The cost of 2-5 day delivery to a single address within mainland UK is deemed to be included within the price if ordered from our website. All other deliveries are chargeable and the price is available upon application. All orders for Next Day service must be placed by 2 pm on the date of order to qualify for Next Day service and will be delivered the next working day thereon or the following day after if 2 pm deadline has passed. Saturdays and Sundays are not applicable to any delivery service we offer.
  5. DAMAGE IN TRANSIT AND SHORTAGES. The ASKPowers will repair or replace free of charge, Goods damaged in transit provided that the ASKPowers and its designated carriers receive written notification of such damage within three days of delivery. Goods received in a damaged or unsatisfactory condition must be signed for as such.
  6. On receipt Goods should be checked by the Buyer with the advice note enclosed with the Goods. Shortage claims will be considered if the ASKpowers and its designated carriers receive written notification of any such shortage within 3 days of delivery failing which no liability will be admitted. In any such case, the packaging and contents should be retained for inspection.
  7. RETURNS. Goods correctly supplied may be returned (at the buyers expense) without the ASKPower’s written agreement. Goods so returned must be consigned carriage paid and accompanied by a packing note stating the recipients invoice/order number and date thereof together with the reason for return. Goods returned for exchange will be shipped to back to the buyer at the ASKPowers’s expense. Goods returned due to miss-pick, damage or failure should be sent Royal Mail 2nd Class Recorded Delivery as we will not reimburse any other method of shipment.
  8. If the Goods (or any of them) are returned and are subsequently lost in transit the ASKPowers will only issue credit if it can be conclusively proved that the ASKPowers or its agents have actually removed the Goods from the Buyer’s premises.
  9. DESCRIPTIVE MATTER, SPECIFICATIONS AND ILLUSTRATIONS. All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the ASKPowers are approximate only and intended only to present a general idea of the goods to which they refer and will not form part of the contract.
  10. The ASKPower’s policy is one of continuous improvement and it reserves the right to make reasonable changes to product specifications at its discretion. When placing an order with the ASKPowers, the Buyer must satisfy himself that the ASKPower’s then-current specification of all the Goods is appropriate for its (or its customer’s) requirements.

32.LIMITATIONS OF LIABILITY. Nothing in these terms and conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation, or the conditions as to title implied by section 12 of the Sale of Goods Act 1979 as amended from time to time.

  1. Any quotation includes only such Goods accessories and work in the quantities and to the specifications, which are stated therein.
  2. The Company’s total liability in contract tort (including negligence or breach of statutory duty) misrepresentation or otherwise, arising in connection with the performance of this contract will be limited to the price agreed for the Goods.
  3. The ASKPowers will not be liable to the Buyer by reason of any representation or any implied warranty, condition or other terms, or any duty at law or under the express terms of the contract for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation (whether caused by the negligence of the Company, its employees, agents or subcontractors) which arise out of or in connection with this contract.
  4. VALUE ADDED TAX Where chargeable Value Added Tax will be charged at the rate applicable at the date the Goods are despatched.
  5. LEGAL CONSTRUCTION. Unless otherwise agreed by the ASKPowers in writing, these conditions will in all respects be construed and operate as an English contract, in conformity with English Law, and the parties submit to the exclusive jurisdiction of the English courts.
  6. Any provision of this contract which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable ( in whole or part) will to the extent of such invalidity, voidance, unenforceability or unreasonableness be deemed severable and the other provisions of this contract and the remainder of such provisions will not be affected.
  7. Failure by the ASKPowers to enforce or partially enforce any provision of this contract will not be construed as a waiver of any rights under this contract.
  8. SAMPLES. Any samples submitted to the Buyer at the Buyer’s request must be returned to the ASKPowers in good condition within ninety days of receipt or such shorter period as the AskPowers may specify. The ASKPowers may charge the market value of all samples not so returned. Such market value will be the market value on the date when the sample was due to be returned.
  9. CANCELLATION OF AN ORDER. The ASKPowers reserves the right to refuse to accept any cancellation of an order unless notification in writing is given to the ASKPowers and accepted in writing by the Company. In the event of any cancellation, the Buyer must pay expenses incurred by the ASKPowers.
  10. CERTIFICATION. A buyer requiring Goods from a quality assured source or certificates of conformity must specify its requirements in writing at the time of placing the order.
  11. FORCE MAJEURE. The ASKPowers will not be liable to the Buyer in any matter or be deemed to be in breach of this contract because of any delay in performing or any failure to perform any of the ASKPower’s obligations under this contract if the delay or failure was due to any cause beyond the Company’s reasonable control.
  12. Without prejudice to the generality of condition 44, the following will be included as causes beyond the ASKPower’s reasonable control:

44.1 governmental actions, war, threat of war, national emergency, riot, civil disturbance, sabotage or requisition;

44.2 Act of God, fire, explosion, flood, epidemic or accident;

44.3 Import or export regulations or embargoes;

44.4 Labor disputes not including disputes involving the ASKPower’s work-force; or

44.5 Inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labor.

44.6 Payment mode should be 50% in advance

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