1.Definitions:-
- “We” or “us” means AIMS Limited.
- “You” means the company purchasing goods or services from us.
- “Goods” mean the items which you agree to buy from us.
3.We may employ sub-contractors to assist us to fulfil this contract.
4.We will take all reasonable steps to ensure that we meet the delivery time set out in our proposal or quotation. However the delivery time is not an essential term of the contract between us.
5.Risk in the goods will pass to you upon delivery.
6.You will be deemed to have accepted the goods 3 days after we have delivered the goods to you.
7.Any goods that we supply to you remain our sole property until you have paid for them in full. Until you have made full payment you will identify the goods and ensure that they are adequately insured on an “all risks” basis while on your premises.
8.If you become insolvent or enter into any arrangement with your creditors before the goods have been paid for in full we reserve the right to terminate our contract with you and to immediately recover the goods. You agree to give us access to any place where the goods are stored to enable us to recover them.
9.We warrant that the goods will correspond to any description given by us and that they will be free from any manufacturing defects. No other warranties whatsoever (including fitness for purpose) are implied or given unless given in writing by one of our directors.
10.All descriptions, drawings, and specifications given by us are approximations unless are specific to the contract and shall not give rise to any liability on our part unless any variation materially and adversely affects the performance of the goods.
11.Unless agreed otherwise in writing, any design advice given by us does not form part of any contract with you and shall not give rise to any liability whatsoever on our part.
12.If we do any work in accordance with your specifications you agree to indemnify us against any claims alleging infringement of intellectual property rights.
13.We shall not be liable in any circumstances whatsoever for loss of profit or other consequential damage, however caused.
14.We shall not be liable for failure to perform our obligations under the contract where the failure results from circumstances outside our reasonable control. Non exhaustive examples of such circumstances include act of God, war, riots, storms, explosion, fire, flood, strikes, Government action, delay by suppliers, shortages of materials and labour shortages.
15.Our prices are quoted “ex works” and do not include VAT, carriage, insurances, duties or any other taxes. You agree to fully indemnify us for any expense we may incur in meeting these obligations.
16.Payment of our invoices is required within 30 days of the date of the invoice. In the event a deposit payment is applicable to the contract payment is required immediately on receipt of our invoice for the deposit amount.
17.You shall not set off against any payment due under the contract any sum which is not immediately payable by us or which is disputed by us.
18.Any contract between us will be governed by the laws of England and subject to the exclusive jurisdiction of the English Courts.
