1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. No alterations or additions. These terms and conditions will apply to the exclusion of any of your terms of purchase, purchase order, acceptance note or similar document. No alteration of these terms and conditions will be agreed unless specifically agreed in writing by a director of ATE. However, if the Buyer is a consumer ATE accepts responsibility for verbal statements made by ATE’s staff.
3. Illustrations, descriptions, weights, and measurements – shall be taken by the Buyer as a guide only and are not binding in detail. ATE, without notice, reserves the right to make changes to any specifications as it sees fit.
4. Information about us and how to contact us
4.1 Who we are. We are ATE (UK) Limited a company registered in England and Wales. Our company registration number is 07569911 and our registered office is at Haven Road, Colchester, Essex CO2 8HT. Our VAT number is 637024063.
4.2 How to contact us. You can contact us by telephoning our customer service team on 01206 795949 or by writing to us at the above address or by email :- [email protected]
4.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
5. Our contract with you
5.1 How we will accept your order. Our acceptance of your order will take place when we write or email you to accept it, at which point a contract will come into existence between you and us.
5.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
5.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
6. Our products
6.1 We reserve the right to change the prices of our Products at any time and Products will not necessarily be the same as shown in any printed catalogue. The latest prices for Products will be shown on our website.
6.2 Products may vary slightly from their pictures. The images of the products on our website or in our brochure/catalogue are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the pictures in our brochure/catalogue accurately reflects the colour of the products. Your product may vary slightly from those images.
6.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website or in our brochure.
7. Your rights to make changes
7.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10, Your rights to end the contract).
8. Our rights to make changes
8.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
8.2 Brexit trigger, renegotiation and termination. If a Brexit Trigger Event occurs, then we may:
(a) require you to negotiate in good faith an amendment to these terms to alleviate the Brexit Trigger Event; and
(b) if no such amendment is made to this Agreement within 5 days, terminate any order you have made for goods on written notice. On termination under this clause, clause (Consequences of termination) shall apply. For the avoidance of doubt if any order is terminated under this clause we shall have no obligation to the supply the goods concerned.
8.3 Brexit Trigger Event means any of the following events occurring since the UK has ceased to be a Member State of the European Union:
(a) an adverse impact on our ability to perform the order in accordance with its terms and the law;
(b) an increase in the costs incurred by us in supplying the goods ordered of at least 5% since the price for the goods was last agreed;
8.4 Overlap with other rights and obligations. Save as expressly provided in this clause 8, a Brexit Trigger Event shall not terminate or alter (or give us or you a right to terminate or alter) these terms, or invalidate any terms or discharge or excuse performance under them. If there is an inconsistency between the provisions of this clause and any other terms the provisions of this clause shall prevail.
9. Providing the products
9.1 Delivery costs. Orders over £125 excluding VAT are normally carriage paid in the UK mainland only, excluding the highlands an islands. The costs of delivery will be as advertised on our website or in our brochure/catalogue or otherwise agreed with you.
9.2 When we will provide the products. We would normally expect to deliver orders placed before 16.30 for items in stock next day. Items out of stock , specials, or bespoke items, will be delivered as soon as is reasonably possible.We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.3 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
9.4 When you own goods. You own a product which is goods once we have received payment in full.
9.5 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 8).
9.6 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13.9). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.8).
10. Your rights to end the contract
10.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
(c) If you have just changed your mind about the product, see clause 10.3. If you are a consumer you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.6.
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products (if you are buying as a consumer) bought over the telephone or by mail order or by exchange of emails you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(c) any products which become mixed inseparably with other items after their delivery.
(d) any products which have been made to your own specification or which have been ordered in specifically for you.
10.5 How long do I have to change my mind? If you are a consumer you have 14 days after you receive the goods.
10.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 10.1), you can still end the contract before it is completed, but you may have to pay us compensation and/or handling charges. A contract for goods is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) compensation for the net costs we will incur as a result of your ending the contract
10.7 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
10.8 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
10.9 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
10.10 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.11 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.12 When your refund will be made. We will make any refunds due to you as soon as possible. If you are consumer and you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.8.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11. Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you compensation for the net costs we will incur as a result of your breaking the contract.
12. If there is a problem with the product
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team as shown in 4.2 above.
12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights as a Consumer
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If you are a consumer and you buy goods from us the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
See also clause 10.3.
12.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services as detailed in 4.2 above for a return label or to arrange collection.
12.4 Returns on Business to Business sales. Goods returned or rejected on business to business sales where we are not at fault are subject to a return charge to be set at our discretion. We do not accept returns of goods which we do not normally stock or which have been made to a Buyer’s specific instruction.
13. Price and payment
13.1 Where to find the price for the product. The price of the product (which excludes VAT) will be the price as set out in our brochure/catalogue or on our website or told to you in the course of email exchanges. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 If we incur charges for non-payment of a cheque. You will be liable in full for these.
13.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.5 When you must pay and how you must pay. We accept payment by debit or credit card or direct credit transfer. Unless we have agreed to let you have a credit account goods have to be paid for before we dispatch them. If goods are normally stocked but are out of stock or if you are ordering goods which we don’t normally supply a 50% deposit will be taken on receipt of order with the balance being paid when the goods are despatched. For bespoke products 100% of the price is payable at the time of the order.
13.6 Currency Fluctuations. If there is a currency fluctuation so that goods become materially more expensive for us to supply to you after we have accepted an order we reserve the right to cancel that order and make a full refund.
13.7 Credit Accounts. If you wish to have a credit account with us you will need to contact us to fill in an application. If you trade as a limited company a director of your company will have to complete a guarantee of your debts as a continuing guarantee before the credit account is open. Invoices rendered for goods supplied on credit are due for payment 30 days from month end of delivery date.
13.8 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you in accordance with the Late Payment of Commercial Debts (Interest) Act 1998
13.9 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. The limit of our liability will be the price you paid for the goods which you have bought.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including if you are buying as a consumer the right to receive products which are as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
14.3 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue to be in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.