Terms & Conditions

Definitions

"Company" means Armstrong Products Ltd.

"Customer" means the Customer of the Company.

"Contract" means any contract entered into for the Sale of the Goods by the Customer.

"Goods" means any goods forming the subject matter of any Contract.

1. All sales made by the Company are made on the following conditions of sale. No variation of these conditions of sale or any terms supplied with any order form or other document provided by the Customer will be binding on the Company unless confirmed in writing by the Company. These conditions shall be incorporated in all Contracts to the exclusion of any term or conditions referred to by the Customer. Acceptance of any delivery or performance by or on behalf of the Customer shall in any event be conclusive evidence of the Customer's acceptance of these conditions.

2. You are responsible for deciding on the suitability of the Goods offered for any particular purpose and for the consequences arising from modification of the Goods at your request.

3. Quotations by the Company may be withdrawn at any time and in any event shall be deemed to have been withdrawn after thirty (30) days from the date of the quotation or other period therein stated unless the Customer's order has previously been accepted in writing by the Company.

4. All prices exclude VAT and Delivery and were correct when published (January 2015). The Company reserves the right to change prices without notice. The Company reserves the right to discontinue the sale of particular Goods. As a result of continuing product development the specification or design of the Goods may vary. The Company reserves the right to deliver Goods conforming to the altered specification or design in fulfilment of any Contract. No Contract shall constitute a sale by sample notwithstanding that any items may have been exhibited to or inspected by the Customer.

5. Where in any Contract the price is agreed to be other than the Company's list price applicable in force at the date of despatch, the Company reserves the right to increase its prices for any cost which it incurs (whether before or after its acceptance of the Customer's order) from any alterations in specifications or quantities or production, delivery or performance schedules or any suspension of work requested by the Customer, or any failure or delay in the supply by or on behalf of the Customer of any instructions, data, service, facilities or materials required by the Company for the contract or any inaccuracy, insufficiency or defect therein.

6. If the Customer fails to make any payment when and as due or otherwise defaults in any of its obligations under the Contract or any other agreement with the Company is unable to pay its debts within the meaning of section 123 of the insolvency Act 1986,has a receiver, manager, administrator, administrative receiver or trustee in bankruptcy (as the case may be) appointed for all or any part of its assets is the subject of any bankruptcy order has a resolution passed for winding up, has a petition presented to any court for an administrative order or for its winding up, enters into any composition or agreement with its creditors (whether formal or informal), has any distraint or execution levied on any of its assets, ceases to trade or suffers in consequence of debt action similar to any of the foregoing under the laws of any jurisdiction or the Company bona fide believes that any of the foregoing matters may occur, then, in any such events, the Company shall, without prejudice to any other remedy, be entitled, at its discretion, by giving the Customer written notice at any time, to forthwith suspend its performance of or termination such Contract without liability to the Customer.

7. Unless otherwise agreed payment is required prior to delivery of the Goods. The Company accepts payment by cheque, credit card (which will be debited at the time of your order), or cash where Goods are collected from our premises. Where the Company agrees to issue an invoice payment is due within 60 days of the invoice date. Once accounts exceed this time all work in progress and delivery of Goods will be suspended without further notice. If you wish to open a credit account with the Company please ask for details (accounts subject to status).

8. Minimum credit order is £5.00 excluding VAT.A discount of 5% is available for payment with order To obtain the discount on personalised items e.g. special centres, plaques etc., payment must be made with order and not on collection. No discounts are available for early settlement.

9. Risk of loss or damage to the Goods shall pass to you upon delivery. Notwithstanding this passing of risk and for so long as any amount to be paid for the Goods remains owing to the Company title to the Goods will remain with the Company and will not pass to you until the Company have received payment in full including any interest due in accordance with paragraph 10. The Company shall nevertheless be entitled to maintain an action for the invoice price (or any part thereof unpaid) at any time after the due date for payment.

10. The Company may charge interest at 4% above Barclays Bank base rate from time to time on any payment not received by the due date until such sum is received, both before and after judgement.

11. Goods held on our premises are usually despatched the same working day although bulky or fragile items may take longer. If your order is urgent please ask for details of same day or guaranteed next day A.M. delivery. Postage/Carriage will be charged at cost. Goods are normally sent by the cheapest method unless otherwise requested. Alternatively Goods can be collected from our premises. If deliveries outside the UK mainland are required ask for details. The Company will endeavour to comply with any date given by it and to advise of any adjustment but shall not be liable for any loss, injury damage or expense arising from delay or failure in delivery or performance from any cause whatsoever nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance or repudiate the Contract.

12. The Company may deliver the Goods by instalments and each instalment shall be deemed the subject of a separate Contract. No failure by the Company in any one or more instalments shall entitle the Customer to repudiate any Contract for Goods previously delivered or to refuse to accept any undelivered Goods. the Company reserves the right to deliver 10% more or less than the quantity of the Goods ordered and to invoice the customer at the contract rate for the Goods actually despatched which shall be accepted by the customer in full satisfaction of the Contract.

13. Claim for damage to Goods must be noted at the time of delivery and notified to the Company within 3 days of receipt of the Goods. Claims for non-delivery of Goods must be notified to the Company within 21 days of the invoice date.

14. Goods in respect of which no claim is made within the above periods shall be deemed to have been accepted by the Customer in conformity with the Contract. The Company shall have no liability in respect of any claim by the Customer unless the Customer has afforded the Company reasonable opportunity and facilities for the investigation of any claim and the making good of any discrepancy or defect and complied with any request by the Company for a written report of the alleged defect and any photographic or other evidence and, if the Company so requests, the return, properly packed and carriage paid, of any Goods for examination or rectification by the Company.

15. If any Goods not of the Company's manufacture are alleged to be defective, the Company's liability shall be limited to assigning to the Customer (so far as it is able to do so) any warranty given by the manufacturer of those Goods. The Company shall have no liability for any Goods which after delivery have been subjected to any incorrect handling or storage or suffered any misuse neglect or accident. Any items replaced by the Company following its acceptance of any claim shall become the Company's property and shall not be used or disposed of except in accordance with the Company written instructions.

16. The Company regret that where Goods have to be specially manufactured for you the Company cannot accept cancellation of order and the Goods cannot be returned unless defective.

17. The Company accept no liability of whatever nature arising as a result of any representations, breach of contract negligence or otherwise including but not limited to any liability for indirect or consequential loss ,wasted time or expenditure, loss or corruption of data, or loss of profits, revenue, business or goodwill except for liability for death or personal injury caused by the Company's negligence. All conditions, warranties, guarantees and representations, express or implied, by statute, common law or otherwise in relation to the Goods (other than any liability which the Company is not permitted by law to exclude or restrict) are hereby excluded. The Company shall be discharged of all liability to which these conditions apply unless proceedings are begun within twelve (12) months after the Customer became aware (or should reasonably have become aware) of the facts giving rise to such liability. The Company's liability in connection with the Goods shall in no circumstances exceed the price payable for them.

18. The Company may at its absolute discretion decline to accept orders or to offer credit terms.

19. The Company shall not be liable for any delay or other failure to perform the whole or any part of the Contract resulting from any cause whatsoever beyond the Company's control existing at the date of any quotation given by it or arising thereafter including but not limited to fire, explosion, breakdown of failure of plant or machinery, lack or failure of transportation facilities, supply of labour, materials, power or supplies, strike, lockout or labour dispute (whether or not at the Company's works) illness, epidemic, flood, drought, war, civil commotion, or restriction of any authority or governmental agency (including restrictions or delays in the issue of export or other licences) and the time for performance shall be extended by the period of any such delay.

20. Alterations from original copy on and after first proof, including alterations in style of construction may attract additional changes. Proofs of work will be submitted for the customer's approval by request of the Customer or at the Company's discretion and no responsibility will be accepted by the Company for any errors in proofs which may be passed by the Customer. The Customer shall be solely responsible for any matter which the Company prints on the Goods on the instruction or at the written request of the Customer, whether the same shall have been supplied by the Company or by the Customer and shall indemnify the Company against any claim or proceedings made or bought by a third party arising therefrom.

21. All drawings, designs, sketches and origination work or other data (whether or not patentable or patented) and all rights therein (including copyright and design rights, whether or not registered or registrable) and all materials, tools, patterns dies or other items prepared or made available by the Company for the Contract shall, notwithstanding the payment of such part contribution to their origination costs as the Company requires, be and remain the Company's property and the Customer shall not copy or reproduce them in whole or in part in any form or allow others to do so.

22. The acceptance of any cancellation of the Contract requested by the Customer shall be at the Company's discretion and take effect only when written confirmation of such acceptance has been given by the Company which reserves the right to change for any costs or expenses (including manufacturing, administration and handling expenses) or loss of profits which it incurs in connection with any such cancellation of the Contract.

23. Any specifications, drawings, particulars of weights and dimensions and other technical information contained in the Company's quotations, catalogues, price lists, advertisements or elsewhere are approximate only and intended merely to present a general idea of the Goods and (unless otherwise agreed in a written document signed by a partner or company secretary of the Company) are not to form part of the Contract.

24. The Company shall have no liability for any advice, opinion or information furnished by the Company, its servants or agents unless given in writing in response to a written request by the Customer referring to the Contract.

25. The Customer shall indemnify and hold harmless the Company against any and all claims, proceedings, costs, damages, liabilities and expenses incurred or suffered by the Company arising from any instructions, data, drawings, specifications, tooling, equipment, Goods, services or other items supplied by or on behalf of the Customer to the Company or from any failure to supply the same, or from any infringement or alleged infringement of the rights of any third party claimed under or in relation to any patent, registered design, trademark, copyright, design right, breach of confidence or otherwise howsoever resulting from the Company's use of the foregoing items.

26. The Company shall have no liability for any damage to or loss of any property of the Customer whilst on the premises or under the control of the Company unless occasioned by wilful misconduct on the part of the Company or its employees or agents.

27. The Company may at its discretion sub-contract all or any of its obligations under the Contract but the Contract shall not be assigned by the Customer without the Company's prior written consent.

28. The Company shall have a lien on any Goods in the Company's possession for all sums due at any time from the Customer on any account and shall be entitled to keep possession of or at its option sell or dispose of the same as agent for and the expense of the Customer and apply any proceeds in and towards the payment of such sums on 28 days written notice to the Customer.

29. The Customer shall treat the Contract and all information which it acquires thereunder as confidential.

30. All errors and omissions excepted.