Legal
By accessing this website you agree to bound by the Terms and Conditions as displayed below.
These terms and conditions are accepted in full on presentation and are deemed fair proper and acceptable by all parties, if unsigned and not returned these terms and conditions apply.
The terms and conditions set out below shall apply to any quotation or acceptance of order given by Acorn Bearings & Transmission Co. Limited (hereinafter called "the Seller") and no additions or variations shall apply unless specifically agreed between the Buyer and the Seller in writing
Intellectual Property. The Seller is a distributor of industrial products from various companies, OEM's, manufacturers and distributors (hereinafter "the Manufacturers"). Where advertised, all Manufacturer images, text, articles, designs, drawings, catalogues, logos and technical information displayed on this website remains the property of the respective Manufacturer. The Seller does not imply or intend to mislead the impression of any relationship or official distributorship with any of the featured Manufacturers. Any Manufacturer may request, in writing, to no longer be featured on the Seller's website or communications and the Seller shall comply promptly, without any liability to the Seller whatsoever. The Seller offers details of the Manufacturers' products purely for illustrative reference only and strongly recommends direct contact with the Manufacturer for full details of their product ranges for sales and service.
Unfair Contract Terms. The Seller has drawn up these terms and conditions in light of the Unfair Contract Terms Act 1977 as amended and believes them to be fair and reasonable and its prices and insurance arrangements are based upon contracts made under them. If the Buyer considers these terms and conditions to be unreasonable, he must inform the Seller in writing before any contract is accepted by the Seller - otherwise the Buyer will be deemed to have accepted that the Seller’s terms and conditions are fair and reasonable.
Information Quality.Every reasonable attempt has been made to ensure the information on this website is reasonable and fit for purpose. However, the Seller strongly recommends to contract the specific Manufacturer directly for any questions or queries prior to commitment. The Seller accepts no liability whatsoever for any errors, omissions or anomalies which may or may not occur as a result of acting upon information offered by the Seller.
Acceptance. Unless specified otherwise in writing by the Seller, all quotations are open for a period of seven days from the date of quotation. No order will become legally binding until it is accepted in writing by the Seller.
Prices. Prices are subject to alteration without prior notice. The Seller may at its discretion amend the price for all or part of the goods supplied under the contract to the current price for such goods at the time of delivery. In the event that the quantity differs from the quantity originally quoted for, the Seller reserves the right to amend the price. Prices quoted do not include V.A.T. and this will be added at the rate ruling at the time of delivery.
Delivery. Dates quoted by the Seller for delivery, are subject to confirmation at the time the order is accepted by the Seller. Delivery dates are quoted in good faith but the Seller accepts no liability for late delivery, however caused.
Delivery by Instalments. If any order for goods is to be delivered by several instalments, each instalment shall be treated as a separate and identifiable contract and the rights of either party shall be construed accordingly. Orders can only be accepted for schedule delivery, when the value of each shipment is not less than that stipulated by the Seller at the time of dispatch. The prices charged shall be governed by the call-off quantity and not the overall order quantity. Deliveries can only be accepted for a period terminating not later than 12 months from the date of the order.
Terms of Payment. Credit accounts approved by the Seller: Payments is due net cash thirty days from date of invoice. Other accounts:- Cash with order or cash against pro-forma invoice. Due date for payment shall be of the essence. The Seller reserves the right to withhold deliveries if:
- The Buyer shall fail to comply with any request made by the Seller at any time for payment prior to delivery, irrespective of whether the order has been accepted on credit terms or otherwise.
- Payment for Previous deliveries has not been made by the due date.
We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to our agreed credit terms.
Order Values. Orders can be accepted only if they conform to the minimum order values stipulated by the Seller.
Carriage. The Seller reserves the right to charge carriage where applicable in accordance with the Seller’s Policy current at time of dispatch.
Risk. Risk shall pass to the Buyer on delivery, to the address designated by the Buyer or to the carrier nominated by the Buyer, or on collection, whichever shall occur first.
Property. Retention of title and the ownership of property of all goods delivered to the Buyer shall remain vested in the Seller and the Buyer shall hold the goods as bailee only until the Buyer shall have paid all monies owing in respect of all goods delivered by the Seller. The Buyer may however sell such goods for Seller’s account (but as a principal in relation to its customers) in the ordinary course of its business in which case it shall owe a fiduciary duty to the Seller to account to the Seller for the proceeds of sale and shall keep said proceeds in a separate bank account.
No Right of Set-off. The Buyer shall not be entitled to the benefit of any set-off to which he might otherwise be entitled in law or equity. All sums payable under this contract will be payable without deduction and the Seller shall be entitled in the event of non-payment to obtain and enforce judgement thereon without any stay of execution pending the determination of any cross claim by the Buyer without prejudice to any other rights under these terms and conditions.
Right to Sub-Contract. The Seller shall be entitled to sub-contract any part of the contract.
Loss or Damage in Transit. Claims in respect of any shortage, damage or defective packing must be made within 10 days of the dispatch date and be accompanied by the packing note. Any claims relating to a total loss of goods must be made in writing within 21 days of the invoice date, quoting the invoice number.
Special Products. Special products are those which there is no corresponding order code in the Seller’s sales literature or where the product’s non-stock status is so indicated. Orders for special products can only be accepted subject to the Seller’s right to deliver and charge for up to 10% more or less than the quantity ordered. Returns of special products cannot be accepted by the Seller for credit or exchange unless a defect in production is proved.
Cancellations and Variations. No cancellation or variation of an order will be accepted other than by express agreement in writing. Cancellation of orders will only be accepted in special circumstances and in such cases a handling fee will be charged. Any variations to orders must be advised in writing and where extra cost are involved we reserve the right to recover those.
Goods Returned. No returns can be accepted unless the prior agreement of the Seller’s Office is obtained in writing and an appropriate returns note number given. Under no circumstances can Special, Made to Order or Shelf-Dated Products be returned. Returns must in all cases be supported by the Seller’s invoice number and a statement giving the reason for return. Goods incorrectly ordered or surplus to requirements or a duplicated due to confirming orders not being thus marked, will be credited less a re-stocking charge of 50% of net goods ordered, or £100 which ever is the greater. Provided that the goods are in unused condition and are deemed by the Seller as fit for re-sale. That they are returned to the Seller within 30 days of the invoice date, in any such circumstances no returns shall be accepted after this date.
Force Majeure. The Seller shall be excused from liability if performance of the contract is prevented or hindered by any cause whatsoever beyond the Seller’s control and shall not be liable for any loss or damage resulting from any such cause.
Liability. The Seller shall not be under any liability whether in contract, tort or otherwise and whether or not resulting from the negligence of the Seller or of its employees in respect of defects in goods delivered or for any damage or loss resulting from such defects. The Seller shall not be under any liability for damage. loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to negligence on the part of the Seller or of its employees. In no event shall any breach of contract on the part of the Seller or tort (including negligence) or failure of any kind on the part of the Seller or of its employees give rise to any liability for loss of revenue or any consequential loss or damage arising from any cause whatsoever.
Product Information. The Seller has taken every, reasonable precaution to ensure that descriptions, drawings and other information in correspondence, sales literature, etc., are accurate, but no warranty is given in respect thereof and the Seller shall not be liable for any error therein. The Buyer shall be responsible for ensuring the fitness of the product for the use intended.
Copyright. The Buyer shall not acquire title to or any interest whatsoever in the copyright in any plans, drawings, writings or products originated by or supplied to it by the Seller. No trade mark or name, patent or patent application number carried on any of the goods supplied by the Seller shall be erased or replaced by the Buyer without written consent of the Seller.
Tools. Tools made to the order of the Buyer for the manufacture of goods to be supplied under the contract remain the Seller’s property notwithstanding that the Buyer may have been debited with any sum in respect of the cost thereof. Such tools shall at the request of the Buyer be transferred to it without further payment if the Seller is unable or unwilling to execute any order from such tools within a reasonable period or shall go in to liquidation (except for the purpose of amalgamation or re-construction) provided the Buyer shall have discharged all its liabilities to the Seller whether under this contract or otherwise. the Seller reserves the right to destroy any tools which have not been used for a period of 3 years on giving the Buyer 3 months notice in writing. The Seller undertakes to keep the tools in good repair at its own expense. The Seller undertakes that the tools shall be used for the Buyer’s sole benefit unless the Seller shall have previously received the Buyer’s written consent to do otherwise.
Arbitration. The Seller reserves the right to refer any dispute under this contract to arbitration in accordance with the Arbitration Acts and an arbitrator appointed by the President or a Vice President of the Chartered Institute of Arbitrators will act as sole Arbitrator in the event of the Seller exercising this right.
Any future purchase orders verbal or otherwise between the Buyer and the Seller are subject to the Sellers full and final terms and conditions, irrespective of, and revokes any other terms and conditions which may or may not have been received by the Seller.