Terms of service

TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS ANS SERVICES

These Terms and Conditions are the standard terms of engagement for Goods and Services supplied and work undertaken by Anti-Vibration Methods (Rubber) Co. Limited, a company registered in England and Wales under company number 02277135 whose registered office is Unit 5 Woodcock Industrial Estate, Woodcock Road, Warminster, Wiltshire, BA12 9DX

1.      Definitions in these conditions

1.1. In these Terms & Conditions, the following definitions apply:

“Buyer”	means any person, company or organisation which buys or has agreed to buy any Goods or Services.
“Contract”	Means the Contract between the Seller and the Buyer to provide goods of which these terms form a part.
‘Goods’	means any item which is sold by the Seller
'Parties'	Means both the Seller and the Buyer, and 'party' shall mean either.
"Price"	Means the price payable for the Goods and Services
“Quotation”	Means the Sellers’s letter or other communication to the Buyer setting out the price and other relevant details of the Goods and Services
“Seller”	Means Anti-Vibration Methods (Rubber) Co. Limited and includes all employees and agents of Anti-Vibration Methods (Rubber) Co. Limited.
“Services”	Means services, including any goods, materials, and installation, as described in the Seller’s Quotation, or any other document or email issued by them, as may be varied by Contract in writing between the parties.
“Tooling”	means any die, jig, fixture, mould, pattern, template, gage, testing device, supplies, materials or other items supplied to or purchased by Seller for use in the manufacture of the Buyers order and which has a normal physical life of one year or more.
“Writing”	Includes electronic mail and comparable means of communication.

 

2.      The Contract

2.1. Unless otherwise stated or withdrawn, all Quotations are valid for 30 days from the date of Quotation.

2.2. These conditions shall form part of every Contract of sale of goods entered into by the Seller. No alteration shall be effective unless in writing, signed by an authorised officer of the Seller and referring to these conditions.

2.3. The placing of any order by the Buyer, whether or not based upon a quotation, constitutes an offer by the Buyer to purchase the Goods or Services under these terms and shall not be binding on the Seller unless accepted by them in writing.

2.4. Order details supplied on a Purchase Order will be treated as the actual requirement even if this conflicts with any verbal instructions given by the Buyer.

2.5. Each order will be deemed a separate Contract to which these terms apply. The Seller can accept no liability for the working in combination of Goods, whether wholly of the Seller’s manufacture or otherwise, ordered in separate parts at different times.

2.6. Any illustrations, descriptions, imagery either displayed on the Seller’s Website, in marketing materials (both offline and online), catalogues, price lists or others are intended merely to present a general idea of goods services provided by the Seller. No part of these shall form part of any contract.

2.7. No representations or undertakings made or given on the Seller’s behalf before the Contract shall be binding on the Seller unless incorporated expressly in writing in the Contract.

2.8. These Terms & Conditions apply to the Contract to the exclusion of any other terms that the Buyer may seek to impose or incorporate or implied by trade, custom, practice, or course of dealing.

2.9. Goods ordered by the Buyer which are out of stock will be placed on back-order unless the Buyer shall specify Ex-stock or Cancel in its order.

3.      Quotations

3.1. Any quotation supplied by the Seller can be withdrawn at any time before the receipt of an unqualified acceptance from the Buyer and shall be deemed withdrawn if it has not been accepted within 30 days from its date or within the timeframe specified in the Quotation.

3.2. Any quotation provided by the Seller may be revised in the following circumstances:

3.2.1. If after the submission of the Quotation by the Seller or the submission of a Purchase Order by the Buyer, the Buyer instructs the Seller (whether in writing or orally) to provide additional goods or services not referenced or detailed within the document.

3.2.2. If following the submission of the Quotation by the Seller, there is an increase in the cost of materials to be supplied.

3.2.3. If following submission of the Quotation, it is discovered that there was a manifest error when the Quotation or tender was prepared.

3.3. Where the Seller is involved in the design of the Goods, any Quotation will contain provision for one revision of the design. Any additional modifications requested will incur additional charges.

3.4. The Seller shall not be obligated to provide a quotation to the Buyer. The Seller will only be bound to Quotations provided in writing to the Buyer, which their authorised representative has also signed. The Seller will not be bound by any quotations provided orally.

4.      Specification

4.1. All specifications, drawings and data contained in the Seller’s catalogues or otherwise supplied by the Seller are approximate unless stated in writing.

4.2. The Seller reserves the right without prior notice to effect modifications and design changes and to discontinue the manufacturing of any goods as part of a continuous product development programme.

4.3. Except in quotations against detailed drawings, statements of dimensions submitted with any quotation are approximate.

4.4. Illustrations and descriptions of goods are provided to present a general idea only and shall not form any part of a Contract.

4.5. All drawings, quotations and descriptive matter remain the Seller's property, are copyright and are returnable upon request. These are confidential and must not be transmitted to other persons without the Sellers's express consent.

4.6. The Seller does not accept responsibility for any drawings prepared by others. The Buyer shall indemnify the Seller from and against all actions, claims, costs and proceedings that arise due to the manufacture of components according to the drawings and specifications of the Buyer, where such drawings and specifications of the Buyer shall be erroneous. Additional work caused by defects in drawings designs or specifications shall be chargeable at extra cost.

5.      Prices

5.1. Prices quoted by the Seller are based upon its prices ruling at the date of Quotation. The Seller reserves the right to adjust its prices when accepting an order outside of the quotation validity period to reflect any increase in the cost of supplying the goods or the publication of a new price list occurring after Quotation.

5.2. Unless stated in writing, prices quoted by the Seller are exclusive of the cost of packaging and delivery and Value Added Tax (‘VAT’). VAT will be charged at the applicable rate. The Seller’s VAT number is GB422999714

5.3. The minimum order value (excluding packaging, delivery and VAT) shall be £30 net.

5.4. The Buyer shall not be entitled to make any deduction from the price by way of set-off or counterclaim.

6.      Payment

6.1. In the absence of agreed credit terms, payment shall be made in full in advance of delivery.

6.2. Credit accounts are offered subject to procedures set by the Seller and require the completion of a signed Credit Application Form. The Seller has the right to refuse to open a credit account.

6.3. The Seller’s credit terms are as may be negotiated individually from time to time and will be stated in the invoice. Bank details for Bank Transfer payments are on the invoice. The Seller also accepts payment by company cheque.

6.4. No payment shall be deemed to have been received until the Seller has received cleared funds.

6.5. Any charges or fees payable to any financial institution or bank for processing electronic payment in respect of the Buyer’s order are the Buyer’s responsibility and must be paid by the Buyer. Any refund payable by the Seller to the Buyer will not include an amount in respect of any such charges or fees.

6.6. Time for payment shall be of the essence of the Contract.

6.7. Any queries relating to an invoice must be received within seven (7) days from the date of the invoice. Until a query is resolved, the Buyer remains liable to pay the undisputed part of an invoice within the original timescale detailed on it.

6.8. If payment of the price or any part thereof is not made by the due date, the Seller may:

6.8.1. Suspend any further provision of goods or services to the Buyer with immediate effect. Any such suspension period shall be disregarded for contractual time limits previously agreed for the provision of the goods or services.

6.8.2. Charge interest at the rate of 2% per month or part thereof, compounded, on the unpaid amount starting from the date the invoice became overdue until paid, whether before or after any court judgement.

6.8.3. Apply a charge of £10 (to cover administrative expenses and not as a penalty) per reminder for overdue payment submitted to the Buyer. The Seller shall be entitled to submit such reminders weekly once the invoice has become overdue.

6.8.4. Seek to recover all costs reasonably incurred by the Seller in collecting payment of any overdue invoices from the Buyer.

6.8.5. Seek to repossess the goods, and for that purpose, the Seller shall be entitled to enter upon any premises where the Goods are stored or where they are reasonably thought to be stored.

6.9. The Seller will not provide or issue any guarantees, certificates, or other similar documents to the Buyer for goods and services unless payment has been made and received in full.

6.10. The Seller shall have a general lien over any Buyer's goods in its possession for all money due to it from the Buyer. If any lien is not satisfied within 14 days of such money becoming due, the Seller may sell the goods as agent for the Buyer and apply the proceeds, after deducting the expenses of sale, towards the monies due and the balance (if any) shall be paid to the Buyer.

7.      Quality of Goods

7.1. The Buyer must advise the Seller of any critical industry-specific standards required before the provision of any goods begins.

7.2. The Seller warrants that the Goods will be of satisfactory quality at the time of delivery.

7.3. The Buyer shall be responsible for determining whether the goods ordered are suitable and sufficient for their purpose.

7.4. The Seller shall have no liability for the failure of the goods to perform per specification when their operation shall cause such failure in conditions which shall be unsuitable unless the Buyer shall have stated in its order that such conditions would apply and the Seller accepted such stipulation in writing.

7.5. The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Seller under sections 13 and 15 below.

8.      Installation

8.1. If the Seller undertakes the installation of the goods, the Buyer shall be responsible for ensuring:

8.1.1. suitable and acceptable site conditions

8.1.2. The completion of all required preparatory work

8.1.3. Continuous and satisfactory means of access and egress to the site, including for the transportation of tools, equipment and materials

8.1.4. The provision of a power supply, adequate lighting and proper welfare facilities

8.1.5. sufficient protection for all tools, equipment and materials from the time of delivery to the site.

8.1.6. The Seller shall be able to undertake such work without interruption during normal business hours.

8.2. If the Buyer or its representatives cancel planned installation work at less than two weeks’ notice, the Seller reserves the right to charge the Buyer at the agreed rate for the specified time.

8.3. Should work be delayed due to the actions or inactions of the Buyer or its representatives, the Seller reserves the right to charge for costs, lost time, and for any resultant additional time required for installation.

8.4. Upon completion of the installation, the Seller shall test the goods. The Buyer shall be invited to attend such tests. But such tests shall not be delayed in the event of the Buyer failing to attend.

8.5. The installation of the goods shall be deemed satisfactory unless the Buyer shall give notice of any fault within three (3) days of testing the goods.

8.6. If extra tests are required on-site by the Buyer or its representative, these will be chargeable unless otherwise specified.

8.7. The provisions of paragraphs 10.4 and 15.2 shall apply with the necessary changes regarding delays or defects in installation.

8.8. The Seller shall have no liability for redecoration or repair arising from the siting or installation of the goods.

9.      Tooling and Materials

9.1. Where the Buyer has been granted credit terms, invoicing, and payment terms for Tooling will be as follows:

9.1.1. 35% invoiced upfront, which must be paid before Tooling is ordered.

9.1.2. 35% invoiced on delivery of tooling to the Seller, which must be paid before any commissioning/trial work can begin.

9.1.3. The balance will be invoiced 30 days after delivery of the Tooling to the Seller and is payable on the Sellers standard payment terms.

9.2. All Tooling created and supplied by the Seller remains the Seller's property unless a line item for “tooling/part-tooling” is included in the Quotation and invoice.

9.3. Where the Seller has adapted its Tooling, at the Buyer’s cost, or the Seller incorporates the Buyers product-related elements into the Tooling, the Buyers is deemed to have contributed towards tooling costs but does not have ownership or any rights in the Tooling.

9.4. The Buyer is deemed to own the Tooling where it has supplied or paid for the whole tool (“Buyer Owned Tooling”).

9.5. The Seller will store Buyer Owned Tooling for up to two years after the last use of the tool at no cost, but storage costs will be payable after this point. Alternatively, the tool can be shipped to the Buyer at its expense.

9.6. If any Buyer Owned Tooling needs (in the Seller’s opinion) to be repaired or replaced, the Seller shall be entitled to charge the Buyer for such repair or replacement (including but not limited to any replacement parts).

9.7. If any Buyer Owned Tooling needs (in the Seller’s opinion) to be cleaned excessively (whether due to use of materials specified by the Buyer, moving from sample volumes to production volumes, moving to new compounds specified by the Buyer or otherwise), the Seller shall be entitled to charge the Buyer for such cleaning.

9.8. Without prejudice to any other right or remedy that it may have, the Seller shall be entitled to retain possession of any Tooling belonging to the Buyer until the Buyer has paid all sums due to the Seller under the Contract.

9.9. Tooling often requires minor adjustments to get final products within specification. This is considered a normal part of the manufacturing process and does not imply a correction is needed, or an error has been made.

9.10. While the Seller takes all reasonable care of the Buyer's parts, components, and goods in its possession, the Seller accepts no responsibility for any damage, distortion, faults, or defects therein that appear or develop during the work undertaken by the Seller. Subject to availability of parts, materials and labour, the Seller will be prepared to correct any such damage, distortion faults or defects at the Buyer's request and expense. The Seller holds all goods received by the Seller for repair or otherwise at the Buyer's risk regarding loss or damage except where the cause of loss or damage was the result of the Seller's negligence.

9.11. The Seller will not source any Conflict Minerals (3TG) and will comply at all times with EU Conflict Minerals Regulation.

10.   Delivery Times

10.1. The time for delivery shall be calculated from the date of acceptance of an order by the Seller or from the date of its receipt of all information required to fulfil the order, if later.

10.2. The time for delivery shall not be of the essence of the Contract.

10.3. The Seller shall be entitled to make partial deliveries unless otherwise agreed in writing, and these conditions shall apply to each delivery.

10.4. The Seller shall endeavour to meet the Buyer’s delivery requirements but shall not be liable for any loss or damage caused by delay in delivery. The Buyer shall not be entitled to cancel the Contract because of such delay.

11.   Delivery

11.1. Unless otherwise agreed, delivery shall be effected at the premises of the Buyer or other place specified in the Contract for delivery and method of carriage and choice of carrier shall be determined by the Seller.

11.2. The Buyer shall be responsible for paying the Seller’s carriage charges unless it shall make its own arrangements with the Seller's agreement before the Seller arranges carriage. If goods are collected by the Buyer or by a carrier according to arrangements made by the Buyer, delivery shall be deemed to take place on collection.

11.3. Upon the Seller notifying the Buyer that the goods are ready for delivery, the Buyer shall agree to accept delivery. The Buyer shall be responsible for ensuring good access to the delivery site and providing such cranage and any other assistance for unloading as specified in the Contract. If the Buyer should fail to give proper delivery instructions or accept delivery when tendered or to provide such access or assistance, it shall be liable for all additional costs incurred by the Seller.

11.4. If delivery should be delayed at the Buyer's request, the Seller may place the goods in storage at the Buyers risk, and The Buyer shall pay such storage cost and any other costs incurred by the Seller as a result of such delay.

12.   Title and Risk

12.1. Title to the goods remains in the Seller until payment in full is made by the Buyer.

12.2. The provisions of section 12 shall not prevent the Buyer from fixing the goods to any other products or selling the goods in the normal course of business but in the event of sale to the extent of the Buyer’s indebtedness to the Seller in respect of the goods, the Buyer shall hold the proceeds of sale or the right to receive the same on trust for the Seller and shall, at its request either (i) place the proceeds of sale in a separate account of the Buyer in such a way as to identify the beneficial ownership of the Seller or (ii) assign the right to receive the proceeds of sale to the Seller.

12.3. If the Buyer defaults in payment for any goods and at any time when the Seller shall have reasonable grounds for doubting that payment will be made on the due date, the Seller, without prejudice to its rights, may enter upon any land or premises where goods may be, to detach them if fixed and to recover possession of them.

12.4. The risk in the goods shall pass to the Buyer on delivery or placing in storage per paragraph 11.4.

13.   Damage in Transit

13.1. The Seller shall have no liability in respect of goods lost or damaged in transit unless the Buyer or its agent notes such loss or damage on the delivery receipt and gives notice thereof in writing to the Seller and the carrier within seven ( 7) days of delivery or such shorter period as may be required by the carrier’s conditions of carriage or, in the case of the whole consignment failing to arrive gives notice thereof in writing to the Seller within seven (7) days of receipt of the Seller’s invoice or despatch note or the estimated date of delivery, if later.

13.2. The Seller’s liability in respect of goods lost or damaged in transit shall be limited to repairing or replacing such goods.

14.   Returns

14.1. The Seller shall have no obligation to accept the return of goods, which shall be surplus to the Buyer’s requirements or ordered in error. Any decision by the Seller to accept the return of goods for credit shall not affect the Buyer’s obligation to pay the price thereof on the due date for payment. Such credit shall not exceed 90% of the goods and shall be conditional upon the goods and packaging being returned without any damage or marking within 30 days of the delivery date.

14.2. Goods alleged to be damaged before delivery will in no circumstances be replaced or repaired free of charge after their unqualified acceptance by the Customer. Errors and shortages must be notified immediately on receipt of goods. In any event, no later than seven (7) days from delivery date, quoting any reference and delivery note numbers.

14.3. The company requires photographic evidence of any damage to the packaging or goods.

14.4. Goods must be returned to the Seller within fourteen (14) days of first notification. When returning Goods, the company strongly recommends the Customer obtain proof of carriage. The company cannot accept responsibility for parcels lost in transit.

14.5. When returning Goods, they must be returned in original packaging. If the packaging is damaged, the Customer must ensure that additional packaging is used to prevent further damage.

15.   Warranty

15.1. Subject to section 4, the Seller warrants that the Goods will comply with specification and be of merchantable quality but not that they shall be fit for any particular purpose.

15.2. The Seller will repair or replace any goods which under proper use prove to be defective within five (5) years from the date of delivery due to faulty materials or bad workmanship or, subject to Section 4, the Seller’s failure to supply goods of the specification or quality ordered, provided:

15.2.1. in the case of defects that would have been apparent on reasonable inspection on delivery, the Buyer notifies the Seller of the defect in writing within seven (7) days of the date of delivery,

15.2.2. in the case of any other defect, that the Buyer notifies Seller of the defect in writing within ten (10) days of the date when the defect became apparent and in the event, within twelve (12) months from the date of delivery

15.2.3. that the Buyer and any user of the goods has complied with the instructions of the Seller or manufacturer of the goods as to the maintenance and operation;

15.2.4. The Buyer shall be able to provide evidence of compliance with the recommended maintenance, usage and storage of any goods.

15.2.5. The Buyer shall give to or arrange for the Seller the opportunity to inspect and test the goods and, if requested, shall return the goods to the Seller, carriage paid, such carriage charges to be refunded by the Seller if the defect shall constitute a valid claim under this clause.

16.  Cancellation

16.1. No order accepted by the Seller may be cancelled by the Buyer except with the Seller’s Contract in writing. The Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of any cancellation.

17.  Termination

17.1. The Seller reserves the right to terminate the Contract with immediate effect in the event of any of the following:

17.1.1. The Buyer passes a resolution for winding up (other than for solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

17.1.2. The Buyer ceases to carry on its business or substantially the whole of their business; or

17.1.3. The Buyer becomes insolvent or enters into some form of insolvency arrangement.; or

17.1.4. A liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of the Buyer’s assets.

17.1.5. The Buyer (being an individual) dies or, because of illness or incapacity (whether mental or physical), is incapable of managing their own affairs or becomes a patient under any mental health legislation.

17.1.6. The Buyer’s financial position deteriorates to such an extent that in the Seller’s opinion, the Buyer’s capability to fulfil its obligations under these Terms adequately has been placed in jeopardy.

17.2. If either Party breaches a material provision under this Contract, and, in the case of a breach capable of being remedied, fails to remedy it within fourteen (14) days of being given written notice of the breach, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.

17.3. All notices of termination of the Contract should be submitted to the other Party in writing.

18.  Consequences of Termination

18.1. On termination of the Contract for any reason:

18.1.1. All outstanding unpaid invoices and interest become immediately payable.

18.1.2. The Buyer should return all unused goods which have not been fully paid for.  If not returned promptly, the Seller may enter the Buyer’s premises and take possession of them. Until they have been returned, the Buyer is solely responsible for their safekeeping and warrant that the Buyer will not use them for any purpose not connected with this Contract;

18.2. The accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

18.3. Clauses that expressly or implicitly have effect after termination shall continue in full force and effect.

19.  Intellectual Property

19.1. All drawings and other documents supplied by one Party to the other shall remain the copyright and property of the Party providing them. They may not be copied or reproduced without its consent, and such documents shall be returned in the event of the Contract not being made or completed.

19.2. Where any designs or specifications have been supplied by the Buyer for the manufacture by or to the order of the Seller, the Buyer warrants that the use of those designs or specifications for the manufacturing process, assembly or supply of the goods shall not infringe the rights of any third party.

19.3. The Buyer shall notify the Seller immediately of any circumstances coming to its attention which may be likely to give rise to any claim that the goods infringe the rights of any third party and shall permit the Seller to conduct any action or negotiations thereof in the name of the Buyer but at the Seller’s expense.

19.4. The Buyer shall indemnify the Seller in full against all liability and cost of any infringement (alleged and proven) by the Buyer of any patent, copyright, or other intellectual or industrial property.

20.  Liability

20.1. Nothing in this Contract shall exclude or limit either Party’s liability for death or personal injury resulting from the negligence of that Party or their employees, agents or sub-contractors, for fraudulent misrepresentation or concealment or any other liability that cannot be in any way excluded or limited at law.

20.2. Except as otherwise expressly provided in the Contract:

20.2.1. The Seller’s liability in contract, tort, negligence or otherwise arising out of or in connection with the Contract or the performance or observation of its obligations under the Contract shall be limited in aggregate to the order price paid by the Buyer to the Seller under the Contract; and

20.2.2. The Seller shall not be liable in contract, tort, negligence, or otherwise arising out of or in connection with this Contract for any economic losses (including, without limitation, any loss of profits, business, contracts, goodwill, revenue or anticipated savings) or any special, indirect or consequential losses or any destruction of data arising out of or in connection with the Contract.

21.  Complaints, Communication and Contact Details

21.1. The Seller strives for excellence in all its work. If the Buyer is not satisfied in any way, it should contact the Seller as soon as possible. The Seller would appreciate every opportunity to resolve any dispute amicably.

21.2. Should the Seller not resolve the dispute to the Buyer’s satisfaction, it can be referred to the arbitration of a person mutually agreed upon.

21.3. All queries should be directed to Sales@AntiVibrationMethods.co.uk.

22.  Force Majeure

22.1. The Seller shall not be liable for any loss or damage sustained by the Buyer because of any Act of God, an act of the Customer or third parties, adverse weather, plant failure, civil disturbance, embargoes, pandemic, epidemic, government action, delay in delivery to the company, delay on the part of the company’s suppliers, shortage of any service, industrial action, hostilities, flood, fire, late receipt of the Customer’s specifications, shortage of labour, products and materials or strikes, or any other circumstances beyond the Seller’s control and in such event, insofar as the Contract shall not have been performed, the Seller may either terminate the Contract and return any advance payment received or delay delivery for such period as may be necessary.

23.  Confidentiality

23.1. Each Party acknowledges that in connection with this Contract, it may receive certain confidential or proprietary technical and business information and materials of the other Party (“Confidential Information”).

23.2. Each Party, its agents and employers, shall hold and maintain in strict confidence all Confidential Information, shall not disclose such Confidential Information to any third party and shall not use any Confidential Information except as may be necessary to perform its obligations under this Contract except as may be required by a court or governmental authority of competent jurisdiction.

23.3. Notwithstanding the preceding, Confidential Information shall not include any information in the public domain or that becomes publicly known through no fault of the receiving Party or is otherwise correctly received by a third party without an obligation of confidentiality.

23.4. On the conclusion or termination of the Contract, both parties shall cease to use all copies of confidential information obtained from the other except in so far as the law requires the information be retained in which event it shall be kept until such period is over and, in any event, kept strictly confidential under the provisions of this clause.

24.  Data Protection

24.1. ‘Data Protection Legislation’ refers to The Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time.

24.2. All personal information that the Seller may collect (including, but not limited to, the Buyer’s name, postal address, email address, and telephone number) will be collected, used, and held according to the provisions of Data Protection Legislation as defined above.

24.3. The Seller’s privacy policy sets out how it collects, uses, and stores personal information.

24.4. In certain circumstances, and with the Buyer’s consent, the Seller may pass the Buyer’s personal information on to credit reference agencies. These agencies are also bound by the Data Protection Legislation as defined above and should use and hold personal information accordingly.

24.5. The Seller will not pass on the Buyer’s personal information to any other third parties for marketing purposes without first obtaining the Buyer’s express consent. 

25.  Notices

25.1. Any notice to be given by either Party to the other shall be properly given if sent by email, facsimile or post to the Party to be served at its head office or last known address and shall be deemed to have been served, in the case of postal delivery, when in the normal course of post it would have been delivered.

26.  Export

26.1. The Buyer should inform the Seller of any goods purchased to export as the terms and conditions herein are primarily for the home market. It is the Buyer's responsibility to ensure that all such exports comply with the UK Export Regulations as administered by the Department for International Trade.

27.  Other Important Terms

27.1. Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other Party in any way.

27.2. This Contract represents the entire Contract between the parties regarding the services and shall prevail over any conditions contained or referred to in any of your documents or otherwise.

27.3. If any part of this Contract is found to be void or unenforceable by any court of competent jurisdiction, such part shall be severed from this Contract, which will otherwise remain in full force and effect.

27.4. These terms shall remain in force until altered in writing and signed by both parties.

27.5. The failure by the Seller at any time or for any period to enforce any one or more of these terms and conditions shall not be a waiver of them or a waiver of the right to enforce such terms and conditions on a future occasion.

27.6. The Seller may transfer or subcontract its rights and obligations under these terms to another person or organisation, but this will not affect the Buyer’s rights or the Seller’s obligations under these terms.

27.7. The Buyer may not assign this Contract or any rights or obligations under it without the Seller’s prior written consent.

28.  Governing Law and Jurisdiction

28.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed under, English law, and the Buyer irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.

 

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Anti Vibration Methods (Rubber) Co Ltd (AVMR) makes available information, materials, and products on this Website subject to its Terms and Conditions of Sale. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. AVMR reserves the right to change product specifications and these terms and conditions from time to time at its sole discretion.