Terms & Conditions
Company Details
1. Company Name: Actuation Valve & Control Ltd
2. Place of registration: England and Wales
3. Company Registered Office: Unit F Centro Park, Beckett Close, Knowsley Industrial Park, Liverpool, L33 7XS
4. Comapny registration Number: 03034058
5. Contact telephone number: 0151 547 1221
6. Customer Care: info@actuation.co.uk
Introduction
By placing an order through the website you confirm you are older than 18 years of age, legally capable and authorised to enter into a contract.
This website uses Braintree to process payments, offering you the highest level of encryption or security possible. This means you can be rest assured that communications between your browser and this site’s payment pages are private and secure. To verify that the page is secured, please click on the padlock icon next to the address bar in your browser window.
The terms contained in this document (Trading Terms) apply to all transactions for the purchase of Goods from the Site or by other direct contact. Please read these Trading Terms carefully before ordering from the Site. By ordering any Goods from the Site you are indicating your acceptance to be bound by these Trading Terms to the exclusion of all other terms and conditions, prior promises, representations, statements and warranties. They form a legal agreement between you and us and can only be amended with our consent. No conduct by us shall constitute acceptance of any other terms or conditions. You should also read our Privacy Policy. All transactions for Goods not made via the Site are subject to our Terms and Conditions for Sale, which are available on request.
We reserve the right to change these Trading Terms from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
In these conditions the words below have the meaning next to them:
1. Interpretation
In these conditions;
“Seller” means Actuation Valve & Control Ltd (Company No. 03034058), whose registered office is at Unit F Centro Park, Beckett Close, Knowsley Industrial Park, Liverpool, L33 7XS.
“Buyer” means the person whose order for Goods is accepted by the Seller;
“Goods” means the goods (including any instalment or any parts of them), which the Seller is to supply in accordance with these conditions as ordered by the Buyer;
“Site” means the Seller’s website at www.actuation.co.uk and references to “written” or “in writing” include fax and email communications.
“Order” means the products, which you have selected to purchase in your online basket or any other direct means and the Seller accepts.
“Goods” and “Products” shall have the same meaning and context.
‘Contract’ means any contracts made between Actuation Valve & Control Ltd and you for the sale and purchase of products from its website or any other direct means and the Seller accepts.
2. Basis of sale
2.1 The Seller will sell and the Buyer will purchase the Goods in accordance with any order that the Buyer places through the Site, over the telephone or any other direct means and the Seller accepts.
2.2 The sale and purchase shall be subject to these conditions, which shall govern the contract between the Seller and the Buyer to the exclusion of any other terms, and conditions.
2.3 No variation to these conditions shall be binding unless agreed in writing by the Seller’s authorised representative.
2.4 We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
3. Orders
3.1 Orders submitted by the Buyer shall be deemed to be accepted by the Seller only when confirmed in writing by the Seller.
3.2 The Buyer is responsible for ensuring the accuracy of the terms of the Buyer’s order and for giving all necessary information relating to the Goods.
3.3 The Seller reserves the right to make changes in the specification of the Goods from time to time.
3.4 If your order includes Goods, which are not available from stock and cannot be made available for despatch within 14 days of order, we will contact you by email or by telephone to ask you how you wish to proceed.
4. Price
4.1 The price of the Goods shall be in GBP and the price that the Seller quotes from time to time on the Site will be net of Value Added Tax (VAT). The Seller’s confirmation of the Buyer’s order and shall be inclusive of Value Added Tax.
4.2 The price does not include delivery unless otherwise stated.
4.3 In the event of the Buyer cancelling a part of the order in accordance with the provisions of clause 7.1 and clause 10, the Sellers reserve the right to revise the price or prices quoted for goods already delivered.
5. Illustrations and use of Goods
5.1 All illustrations, descriptive material or other information contained on the Site, in our brochures, advertising materials or elsewhere shall not form part of the contract and shall be treated as approximate and for guidance only.
5.2 Goods ordered will be delivered to the specification at the time of delivery which may have changed from that at the time of order.
5.2 Goods should only be used for the purpose for which they are intended and in accordance with any instructions. Use of Goods for unusual or non-approved purposes is not recommended and may be dangerous.
5.3 Any advice or recommendation given by us, our employees or agents to you, your employees or agents as to the storage, application or use of the Goods which is not confirmed by us in writing is followed or acted upon entirely at your own risk, and accordingly, we shall not be liable for any such advice or recommendation which is not so confirmed.
5.4 If the Buyer purchases any goods for a non-approved use no liability is accepted by the Seller for their fitness for any such purpose.
6. Delivery of the Goods
6.1 The Goods will be delivered to the Buyer at the address stated on the confirmation of the Buyer’s order. A surcharge will be applied for re-delivery due to incorrect delivery address being given.
6.2 Any dates quoted for delivery of the Goods by the Seller are approximate only, and the Sellers shall not be liable for any delay in delivery of the Goods howsoever caused.
6.3 Time for delivery shall not be of the essence.
6.4 By agreement with the Seller the Goods may be collected by the Buyer from the Seller’s premises at any time after the Sellers have notified the Buyer that the Goods are ready for collection.
6.5 If the Buyer fails to take delivery of the Goods, then, without prejudice to any other right or remedy available to the Seller, the Seller may:
6.5.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage: or
6.5.2 if the Goods have not been paid for by the Buyer, to sell the Goods at the best price readily obtainable and to charge the Buyer for all reasonable storage and reselling expenses, or if the Goods have been paid for, to sell the Goods at the best price readily obtainable and to account to the Buyer for the proceeds of sale (after deducting all reasonable storage and reselling expenses).
6.6 Where Goods are offered for delivery to a site the Sellers’ obligation is to deliver as near to the site as safe hard roads permit. The Buyer is to promptly provide at its own expense the labour required for unloading and stacking.
6.7 The Sellers reserve the right to deliver goods by instalments and in such event each instalment shall be treated as a separate contract save that the delivery of further instalments may be withheld until goods contained in earlier instalments have been paid for in full.
6.8 Where goods are held by the Sellers awaiting delivery instructions, they may be subject to a storage charge. For account holding customers, payments for these goods must be made to the agreed predetermined terms; for non-account holding customers payment must be at time of ordering.
6.9 if your delivery address is outside the United Kingdom, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Actuation Valve & Control Ltd advises each of its customers to contact their local customs office for further information.
6.10 please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
6.11 for Christmas deliveries, Actuation Valve & Control Ltd recommend that you order by the 18th December. Actuation Valve & Control Ltd will endeavour to despatch all ‘in stock’ orders within 48 hours, however Actuation Valve & Control Ltd cannot guarantee delivery on or before the 24th December as the delivery may be delayed in your area.
6.12 All goods must be checked on arrival, the goods must agree with the delivery and order documentation.
6.13 All goods must be signed for, title and risk of the goods shall pass to you upon delivery and receipt by our carrier of a signed delivery note.
7. Returns Policy and Defective Goods
7.1 Goods may be returned within fourteen (14) working days beginning with the day after the day of receipt of any product. Goods must be returned undamaged and in re-saleable condition in their original packaging.
7.1.2 Actuation Valve & Control will issue you with a returns note and you must promptly return the products to Actuation Valve & Control Ltd at your cost and risk
7.1.3 Actuation Valve & Control Ltd will refund your payment for such product, less original delivery costs.
7.1.4 where the product is damaged, Actuation Valve & Control Ltd reserves the right to commence legal proceedings against you for any loss suffered by Actuation Valve & Control Ltd.
7.1.5 This returns policy does not apply to the returning of unwanted goods that have been specially produced in design, colour or bespoke in any way, a separate contract applies in this case.
7.2 The Seller undertakes that it will, at its option, either repair or replace defective Goods where defects are found notwithstanding the proper use of the Goods within 3 months of delivery provided that;
7.2.1 notice in writing of the claimed defects is given to us within 48 hours of their appearance;
7.2.2 such defects are found to our reasonable satisfaction to have arisen solely from faulty design, workmanship or materials; and
7.2.3 The Buyer allows the Seller to collect the Goods claimed to be defective if requested by the Seller.
7.3 Any repaired or replaced goods shall be redelivered by the Seller free of charge to the original point of delivery but otherwise in accordance with these conditions of sale.
8. Payment
8.1 For Credit accounts, the price for the Goods shall be payable on the date stated in the Seller’s confirmation of the Buyer’s order and following receipt of an invoice from the Seller.
8.2 The discounts allowable to the Buyer are those shown on the Sellers’ quotation only, and, unless otherwise expressly agreed in writing, no other discounts or commissions are to become due or allowable to the Buyer (any previous course of dealing between the parties notwithstanding).
8.3 The Seller reserves the right to withdraw or vary credit facilities if given by the seller, at any time by summary written notice to the Buyer without either giving any reason for so doing, or thereby incurring any liability to the Buyer.
8.4 If the Buyer takes Goods from the Sellers in excess of the Buyer’s credit limit, the Sellers may require payment in cleared funds on or prior to delivery for such excess.
8.5 If the Buyer fails to make any payment to the Seller when due then, without prejudice to any other right or remedy that the Seller may have, the Seller shall be entitled to suspend any further deliveries to the Buyer and to charge interest (both before and after any judgment) on the amount unpaid at the rate of 4% per annum above the Bank of England base rate from time to time from the due date until the date of payment in full.
8.6 In the event of legal action being taken by the Seller against the Buyer for breach of payment obligations hereunder, the Buyer shall be responsible for all costs and disbursements incurred by the Seller on a full indemnity basis.
8.7 Were the seller does not offer Credit facilities to the buyer. We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.
8.8 By using a credit/debit card to pay for your order, you warrant that the card being used is either:
8.8.1 yours and that you are acting for yourself or as agent for your organisation with full authority to enter into this transaction; or
8.8.2 your organisation’s and that you have valid authority from your organisation to make the purchase with its credit/debit card.
8.9 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
8.10 In the unlikely event that the price of an item has been incorrectly advertised on the Site, we will contact you by email or telephone to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already confirmed despatch of your order, we will not be obliged to supply Goods at the incorrect price.
8.11 The Registered User shall be solely responsible for any associated bank charges incurred by us in relation to the purchase of the Goods, including without limitation any currency conversion charges where payment is made other than in pounds sterling.
9. Risks and Property
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery. For the purpose of this clause “delivery “shall mean the arrival of the goods at the place of delivery of the Buyer where delivery is by the Seller, or the safe loading of the goods into the Buyer’s vehicles at the Seller’s premises where delivery is through collection by the Buyer.
9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.
9.3 Until such time as the property in the goods passes to the Buyer, the Buyer shall keep the goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the goods in the ordinary course of its business, but shall account to the Sellers for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
9.4 Until such time as the property in the Goods passes to the Buyer (and provided that the Goods are still in existence and have not been resold), the Sellers shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
9.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so, all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Sellers) forthwith become due and payable.
10. Cancellation
Contracts and orders and parts thereof may be cancelled only by the Seller’s written acceptance of such cancellation. Where the Seller accepts such cancellation the Seller reserves the right to charge the Buyer with the amount of any losses or expenses directly or indirectly resulting from such cancellation.
11. Force Majeure
11.1 The Seller shall not be liable to the Buyer or be deemed to be in breach of these conditions by reason of any delay in performing or any failure to perform any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Seller’s control; act of God, explosion, flood, tempest, fire or accident;
11.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
11.3 acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
11.4 import or export regulations or embargoes;
11.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Sellers or of a third party);
11.6 difficulties in obtaining raw materials, labour, fuel parts, or machinery; and
11.7 Power failure or breakdown in machinery.
12. Insolvency
The Seller shall have the right to terminate the contract forthwith where the Buyer becomes insolvent or bankrupt or makes arrangements with its creditors or suffers a receiver or administrative receiver to be appointed or being a body corporate enters into liquidation (other than in connection with a reconstruction or amalgamation) in any of which cases the price for all Goods delivered shall become immediately due and payable.
13. Exclusion and limitation of liability
13.1 The Seller’s entire financial liability in respect of;
13.1.1 any breach by the Seller of these terms; and
13.1.2 any representation, statement or tortuous act or omission
including negligence arising from the supply of the Goods;
Shall be limited to the amount paid by the Buyer for the Goods.
13.2 The Seller shall not be liable to the Buyer in any circumstances for any loss of profits, loss of business, depletion of goodwill or for any indirect, special or consequential loss.
14. General
14.1 If the Seller waives any breach by the Buyer of these conditions that waiver shall not be considered as a waiver of any subsequent breach of that or any other provision.
14.2 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
14.3 These conditions shall be governed and construed in accordance with English law and all disputes arising in connection therewith shall be submitted to the jurisdiction of the English courts.
15. Delivery Costs
The delivery costs are for the UK only. Deliveries to offshore UK or International destinations are subject to delivery charges, which can be arranged upon request.
16. Purchasing
All items offered on our website are subject to availability. To purchase any of the items on our Web Site, click the "Add to Basket" button shown on each product page. When you place an order to purchase a product by clicking the button "Order Now", we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product that is accepted by us when we send e-mail confirmation to you that we’ve accepted your order or despatched the product to you. The contract will be filed. For safety reasons your order’s data are not accessible via Internet. We keep these data in confidence according to our privacy policy.
17. Customer Service
Any complaints regarding the goods or services supplied should be made to:
Actuation Valve & Control Ltd, Unit F Centro Park, Beckett Close, Knowsley Industrial Park, Liverpool, L33 7XS, Tel: 0151 547 1221
You can e-mail, write, telephone or fax us with your complaint. Our normal office hours are 8am - 10.00pm Monday - Friday,
18. Telephone Calls & Conversations
All calls are recorded for accuracy and training purpsoses.
19.Statutory Rights
19.1 These Terms and Conditions do not affect any of your statutory rights.
