TERMS AND CONDITIONS

1.1 DEFINITIONS: In these terms and conditions of sale (“the Conditions of sale”);
the Company means ACT Meters Ltd; the Customer means the person, firm or company, unincorporated association or public authority purchasing or agreeing to purchase the Goods from the company; the Goods means the goods and/or services agreed to be bought and sold under the Order; the Order means the Customer’s order for the Goods which when accepted by the Company constitutes the contract.
1.2 ALL DEALINGS (INCLUDING ORDERS) BETWEEN THE COMPANY AND THE CUSTOMER SHALL BE SUBJECT TO THESE CONDITIONS WHICH SHALL PREVAIL OVER ANY TERMS OR CONDITIONS WHENEVER OR STIPULATED BY THE CUSTOMER.
2.1 GOODS: All descriptions, product specification and particulars relating to the Goods may be varied at any time by the Company and without notice.
2.2 The quantity quality description price and specification of the Goods shall be quoted in the order.
2.3 The Customer shall be responsible for ensuring the accuracy of the Order and that the Goods are suitable for the Customer’s purpose.
3.1 PRICE AN D PAYMENT: The price quoted in the Order is the price of the Goods. Prices quoted are exclusive of VAT, other taxes, packing, delivery and installation.
3.2 The Company without notice reserves the right to vary the prices quoted in the Order by upwards additions in accordance with charges in the Customer’s
specifications or due to increased market costs or exchange rates.
3.3 Orders placed shall only be accepted by the Company upon receipt of satisfactory references as to the credit worthiness.
3.4 Payment shall be due on the 20th of the month following the date of invoice. Interest on overdue invoices will be charged at the rate of 4% over Barclays Bank Plc current base lending rates. No extended credit will be allowed.
3.5 The Customer shall not be entitled to withhold or delay payment of any monies due to the Company on account of any claim counterclaim or right of set off or
otherwise. Time of payment shall be of the essence of the contract.
4.1 DELIVERY AND RISK: The time for the delivery or collection of the Goods or the completion of any services relating to the Goods shall not be of the essence and shall not be breach of contract and the Company shall not be liable for any delay or the consequences arising therefrom.
4.2 Place of delivery shall be the Customer’s place of business as specified on the Order. The Goods shall be at the Customer’s risk from the time the Goods enter
the Customer’s premises or if the Customer specifies that he wishes to collect the Goods from the time of such collection.
4.3 All orders over the value of £50.00 will be dispatched free of charge in mainland UK. Every endeavour will be made to dispatch Goods for delivery the same day (Monday to Friday) in which cases Orders must be placed by midday. The Company reserves the right to make an extra charge for delivery to a different address or for storage.
4.4 The Customer is required to inspect the Goods immediately upon delivery or upon completion of any services forming part of the Goods and to immediately notify
the Company of any defects or complaints. PARCELS DELIVERED DAMAGED SHOULD BE RETURNED IMMEDIATELY TO THE COMPANY.
4.5 Export deliveries shall be charged at extra costs to include freight and insurance charges. Price available on application. Payments for deliveries to Customers abroad should be made to the Company by irrevocable letter or credit, banker’s draft or through a UK confirming house.
5.1 ACCEPTANCE: No claims for damage, delivery, misdelivery, loss or storage of Goods will be considered unless notified in writing to the Company within 7 days of the date of the invoice, quoting the invoice number and giving full details. Packing etc should be retained.
5.2 Admitted shortages will be replaced at the previously quoted price on the Order.
6.1 PROPERTY IN GOODS: Notwithstanding the passing of risk in 4.2 the Goods shall remain the sole and absolute property of the Company and ownership shall
not pass to the Customer until payment is received by the Company for all monies due from the Customer to the Company on any account.
6.2 Until ownership passes the Customer shall keep the Goods separate and distinct from any other property and insured, protected stored, marked and distinct so as to remain clearly identifiable as the Company’s.

6.3 Until payment is made in full of all monies due from the Customer to the Company, the Customer is in possession of the Goods solely as a fiduciary bailee or the Company.
6.4 Until property in the Goods passes to the Customer the Company shall be entitled to request that the Customer delivers up the Goods failing which the Company shall be entitled to enter any premises where they are stored or affixed and may
repossess or remove the same from such premises and the Customer shall keep the Company fully indemnified against any liability arising from the exercise of that right herein contained.
6.5 Until property in the Goods passes to the Customer the Customer shall not cause or suffer the Goods to be worked upon or mixed with or incorporated with any other goods or things belonging to the Customer or any third party.
7.1 RETURNS: No returns except “Under Guarantee” replacements are accepted
without our consent. Goods returned “not wanted” or “incorrectly ordered” will only
be accepted in their original packing and will be subject to a 12.5% handling charge. In all cases the invoice/delivery note number must be quoted.
7.2 Cancelled orders can only be accepted after prior negotiation. A cancellation fee may be charged by the Company.
8.1 WARRANTY: All Goods supplied by the Company are warranted free of defects caused by faulty workmanship for a period of one year from the date of invoice
provided that this warranty shall not apply unless:-
8.1.1 the Customer promptly notifies the Company of breach of warranty and
8.1.2 the defective Goods are returned to the Company carriage paid and
8.1.3 examination by the Company confirms that there is a defect in the Goods and such a defect has not arisen by misuse, neglect, method of storage, faulty installation, handling testing, repair or by alteration or accident
8.2 A valid claim must be brought within the one year warranty period and shall be limited to replacing or repairing the Goods or the issuing of a credit note as the
Company shall in its sole discretion determine.
8.3 Save as provided herein and save where the Goods are sold to a person dealing as a consumer and save to the extent provided by law all conditions, warranties or
representations express or implied statutory or otherwise in relation to the Goods are hereby excluded.
8.4 No warranty is given and no liability is accepted where the Goods are supplied in accordance with the Customer’s own specifications and designs and the
Customer shall indemnify the Company for any breach of intellectual property of rights.
8.5 No warranty is given and no liability is accepted where the Company provides technical advice or consultancy services in connection with the Customer’s Order or Goods supplied.
8.6 So far as the law permits the Company shall not be liable for any loss or damage arising from the Order or, Goods or services supplied with the Goods, or the
actions of the Company including without limitation to the foregoing loss of profits, economic loss, loss of goodwill and costs or removal and reinstallation.
9.1 TERMINATION: If the Customer fails to comply with the terms of payment or any of these Conditions or if the Customer ceases to trade or any event or action is taken with regard to bankruptcy or insolvency or liquidation or administration then the Company reserves the right to terminate the Order, Goods in transit and discontinue further delivery of Goods and reclaim from the Customer any
extra costs so incurred.
10.1 GENERAL: The restrictions contained in the Conditions are considered reasonable but if any condition is subsequently found to be unreasonable or unenforcable it shall be deleted from these Conditions and the remaining
Conditions shall remain effective.
10.2 Any failure to enforce its rights here under shall not be taken as a waiver of those
rights by the Company.
10.3 These Conditions shall be governed and construed in accordance with English
Law and the parties shall submit to the exclusive jurisdiction of the English Courts.
11.1 TELEPHONE ORDERS: If it is your policy to send written confirmation of telephone orders, please ensure it is clearly marked “confirmation”. Failure to do so may result in duplicated Orders. A duplicated order returned “not required” will be subjected to 7.1 in these Conditions.