Terms & Conditions | ATP Consumables

Terms and conditions of sale February 2022:

ATP Consumables Ltd will sell products and components and the purchaser who places orders for products where in any part of the goods or products is accepted by the purchaser or on behalf of a purchaser or company will have purchased the products or goods subject to the terms and conditions which will constitute the contract of sale and purchase of the products or goods to the exclusion of any other terms and conditions of sale made or purported to be made by the buyer. The fore mentioned includes the standard terms and conditions of sale will be set out in this documents inclusive of any special terms of reference and conditions set out and agreed between the purchaser and the company.
If the purchaser orders purports to disregard theses terms and conditions this will render the terms and conditions to be ineffective and therefore useless for the purchaser unless prior written agreement has been agreed between both parties to change any of said conditions.
ATP Consumables Ltd will strive to ensure to the best of our ability to meet the requirements notified by the purchaser; however, it is the purchaser’s responsibility to ensure the products or goods purchased for use by the purchaser or company are fit for the use intended it is not the responsibility of ATP Consumables Ltd.
No manufacturers warranty, condition, and any description or representation unless made fraudulently issued or offered to ATP Consumables Ltd will be treated as terms within the contract unless clearly expressed and incorporated within any contract documents.
All fixed pricing terms are required to be expressly agreed between ATP Consumables and the purchaser. If fixed pricing terms have not been agreed the invoice price payable by the purchaser will fall under the company’s pricing matrix at the date of any despatches for each order placed. All despatched products or goods will be subject to the relevant delivery charges where appropriate, also where applicable will be subject to the addition of VAT.
Delivery dates or time periods for deliveries stated within the contract will be subject to approximated timings and therefore will not be of the quintessence of any contract. Following day deliveries will not be guaranteed and can only be offered for all orders placed before any cut off times. While ATP Consumables Ltd, will do all in its power to meet all specified following day delivery dates or delivery dates required. Delays may occur due to weather condition at that time, postal issues and any traffic conditions.
ATP Consumables Ltd can not be held liable or considered to be in breach of any contract for delivery delays or any failure to make a delivery of any purchases or goods outside of its control, including but without prejudice to the generality of the fore-mentioned, war, rebellion, revolution, strike, lock-outs, breakdowns of manufacturing equipment, governmental or other laws, regulations, rules of decrees, pandemics of any kind.
ATP Consumables Ltd warrants where applicable all products and goods on day of supply will fall within the manufacturing tolerances, meet the manufacturing quality of finish. The company will refund or replace at its own discretion the price paid for any products or goods which fall short of the warranty to the price invoiced for the products or goods. ATP Consumables Ltd will be unfamiliar to which use its products or goods will be subjected to, therefore any warranties given for correct use under the specification of the products or goods as to its suitability for proper use either express or implied, whether arising by statute, custom of the trade or at common laws are excluded.
ATP Consumables Ltd will subject to clause 8 above with products or goods manufactured by the company will at its own discretion, replace, credit or replace to the maximum the invoice value of the products or goods the purchaser in respect of any quality defects from faulty workmanship, materials as long as:

(a) The defects do not occur from misuse by the purchaser or the misuse of the purchasers’ own specifications.

(B) Notification of the defect must be given to the company within 2 days of delivery of products or goods supplied where the defect was not firstly apparent on delivery or during inspections at the time of delivery or within reasonable time of delivery when the defect was discovered.

(C) When products or goods are not manufactured directly by ATP Consumables Ltd therefore the liability to the company will be limited to passing to the purchaser benefits of any manufacturer’s warranty.

(D) If any goods are sold under the consumer sale therefore as defined by the consumer transactions will be restrictions on statements order 1976, the statutory rights of the purchaser are not affected by these conditions.

(E)In the case of death or personal injury caused by the company’s negligence, the company will not be liable to the purchaser by reason of any representation other than fraudulent misrepresentation or any implied warranties, conditions or other terms, or any duty of common law, or under the express terms of the contract for any consequential loss or damage whether for loss of any profits or otherwise, cost expenses, or other claims for consequential compensation whatsoever, whether caused by the negligence of the company, its employees or agents or otherwise, which arises out of or in connection with the supply of the products or goods or their resale by the purchaser, except as expressly provided in these conditions.

All risk in respect of products and goods will be transferred to the purchaser on delivery. If products and goods are delivered by ATP consumables Ltd own transport a delivery will be considered complete at the time the products or goods are received or lifted from the delivery vehicle. If products or goods are delivered by other means of a currier service or postal service or other transportation, then delivery will be deemed to have taken place when the products or goods are transferred to the delivery service provider or transporter via road, rail or any other means of delivery transfer, unless previously and specifically agreed otherwise in writing.
Full ownership of any products or goods to be delivered by ATP Consumables Ltd can only be transferred to the purchaser after all momentary payments owed by the purchaser to ATP Consumables Ltd or any associated companies with ATP Consumables Ltd has been made in full. Whereas some of the products and goods supplied by ATP Consumables Ltd has been paid for and some not, ATP Consumables Ltd is entitled to respectively consider that any goods disposed of by the purchaser will be only that of which has been paid for, therefore any products or goods outstanding or remaining will be theses for which payment has not been made. Until the agreed date of payment the purchaser will be duty bound to store the products or goods in such a manner that is clearly still the property of ATP consumables Ltd. Subject to the fore-mentioned the purchaser will have the right to sell the products or goods before all outstanding liabilities between the purchaser and ATP Consumables Ltd has been made.
Until the ownership of the products or goods has transferred the purchaser can not and under the agreement have no power to mortgage, charge, or otherwise encumber the products or goods or dispose of the fore-mentioned products or goods other than by resale in compliance with the purchaser course of business, otherwise prior written consent from ATP Consumables Ltd must be given, if the purchaser does so at this point all monitories owing to ATP Consumables Ltd shall without prejudice to any other rights or remedy to ATP Consumables Ltd fore with become due and payable.
At any point while there are any outstanding monetary values and due from the purchaser to ATP Consumables Ltd the purchaser shall deal with the products and goods in any manner save by resale or usage in accordance with the purchaser normal course of business, adverse to ATP consumables Ltd title or being an individual we will have the right to have a receiving order made against him or be made bankrupt or being a company will enter into liquidation or will request and appoint or have appointed a receiver or if any products or goods in the possession of the purchaser whether they are ATP Consumables Ltd products or goods or not are seized under the execution or distress or any other forms of legal process or if the purchaser fails to make payment to ATP Consumables Ltd in full for the products or goods or any other products or goods that have previously been supplied by ATP Consumables Ltd within 48 hours of the service of formal written demands for payments then thereupon the purchaser will cease to be in the possession of the products or goods with ATP consumables Ltd consent and its representative(s) will have the right to enter upon the premises of any purchaser with the intention to remove such products or goods and therefore will not be found liable for any damage or injury reasonably done to or any other property of the purchaser or in the purchaser possession during such removal and retaking of possessions.
In respect of any claims for non-deliveries, discrepancy in weights or damage must be notified in writing within 7 days from date of products or goods having been despatched. Any invoice over charges must be notified in writing within 7 days.
Should the purchaser fail to take the delivery of products or goods or fail to give ATP Consumables Ltd adequate delivery instructions at the time of any delivery other than for reason beyond the purchasers reasonable control or by reason of ATP Consumables Ltd fault, therefore without prejudice to any other rights or remedy available to ATP Consumables Ltd may

(A) Store any products or goods until an actual delivery can be made, therefore will charge the purchaser for the reasonable costs associated with including any insurance of storage and administration charges or

(B)have the right to sell any products or goods at the best available price obtainable and after any deductions including all reasonable storage, administration costs and selling costs account to the purchaser for the excess over the price under the contract or charge the purchaser for any shortfall below the price under any contract.

Any orders placed may not be cancelled by the purchaser except when given ATP Consumables Ltd consent and on terms which will indemnify ATP Consumables Ltd against any losses inclusive of any profits, costs, including the costs of all labour charges and material used, damages, charges and any expenses incurred by ATP Consumables Ltd as a result of any cancellations. The purchaser cannot return any products or goods ordered to the purchaser’s specification and deliver companies cannot accept any returns of products or goods without written ATP Consumables Ltd consent. Any products or goods returned without ATP Consumables Ltd consent will not be accepted for a refund or credit.
Restocking of any products or goods returned will be subject to a 30% charge on the cost of the products or goods returned in resalable condition having been ordered by mistake or in access of purchasers requirements.
The purchaser will not reserve the right to reject any deliveries of products or goods on the grounds of variation of quantity from the purchasers orders whereby such variations is not more that 10% or not less than 10% of the quantity of products or goods ordered.
The purchaser will not reserve the right to withhold any payments in part or full due to ATP Consumables Ltd by reason of any disputed claim of the purchaser for defective products or goods or alleged a breach of contract by ATP Consumables Ltd.
Without prejudice to any of the companies rights ATP Consumables Ltd may without notice to the purchaser terminate any contract or suspend deliveries without liability to the purchaser in any event the purchaser failing to make payments for products or goods when due or if the purchaser exceeds any credit limit offered as specified by ATP Consumables Ltd via contract or if any distress execution or other legal processes will be levied up to the purchaser or if the purchaser ceases or threatens to cease to carry on business or becomes insolvent or being a body corporate has passed a resolution for voluntary winding-up or will be a subject to winding up order of the court or has a receiver appointed to the purchaser’s company reasonable apprehends that any of the events mentioned in this clauses is about to occur in relation to the purchaser and notifies the purchaser accordingly.
ATP Consumables Ltd may at any point in whole or part postpone, waiver, compound, release, compromise, in its absolute discretion, any of their liability owed to it or any rights granted to it under the contract by the purchaser without in any way prejudicing or will affect its rights in respect of any other liability or right not so released, compounded, postponed or waived.
No single or partial exercise or failure or delay in exercising any right, power or remedy by either party shall constitute a waiver by that party of, or impair or preclude any further exercise of that or any right, power or remedy arising under the contract or otherwise.
Any provisions within these conditions is found by any court or competent authority to be invalid, unlawful or enforceable in any jurisdiction, that provision will be deemed not to be a part of these condition, it will not affect the enforceability of the remainder of these conditions nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
The contract between ATP Consumables Ltd and the purchaser will be deemed to have been made in England and will be governed in all respects by English law. The purchaser will submit to the jurisdiction of the English courts Telephone 01623706241

ATP Consumables Ltd, 32 Grove Park Crescent , Gosforth, Newcastle Upon Tyne NE3 1BP