Conditions of Contract

1) PREAMBLE These conditions shall apply save as varied by express agreement accepted in writing by both parties and unless previously withdrawn this tender is open for acceptance within 30 days hereof unless expressly agree in writing between the contractual parties. The company reserves the right to alter the prices in any of its price lists, change specification in the catalogues or terms offered to any customer at any time without notice. In all cases when no specific quotation has been made the prices and terms changed shall be those ruling at the date of dispatch. A.C Plastic Industries Limited, will be hereafter referred to as ACPI. Aquastow tanks are in compliance to Byelaw 30 of the “Water Supply Byelaws Guide”

VAT
VAT will be charged on all invoices unless client has previously advised contract is zero rated.

2) GUARANTEE
a) Subject as hereinafter as set out ACPI undertakes to remedy any defect resulting from faulty design or workmanship only. This liability is limited to defects in respect of which a claim is made within 12 months from the completion date of ACPI work
b) In order to avail themselves of their rights under this clause the client will notify ACPI in writing without delay of any defects that have appeared and shall give ACPI every opportunity of inspecting the remedying them
c) The indemnity for consequential costs liability in respect of any damage claimed in connection with this contract shall be limited to £1,000,000 for any one incident
d) Without prejudice to the foregoing the liability of ACPI shall not extend to consequential losses sustained by the client as a result of any defect resulting from faulty design or workmanship but shall be limited to claims for the replacement or repair (at ACPI option) of any defective or faulty goods
e) ACPI shall not be liable for any claim arising out of the installation or erection of goods where the same has not been carried out by ACPI own servants or agents.

3) RELIEF
A. ACPI shall not be responsible for frustration or delay in completion of the contract due to inclement weather, strikes, labour disputes and matters beyond the control of ACPI including delay on the part of suppliers of material, sub-contractors, other third parties breakages or damage in transit.
B. The prices agreed by the contract are based on ACPI’S present costs. Should these costs increase during the period between formation and completion of the contract the increases in the agreed price shall be payable by the client and shall be calculated according to the N.E.D.O Formula/Building Contracts (Series 2) Heating and Ventilating Index H 1 for labour and 2/32 for material.
c. No claim for non-delivery shortages or breakages in connection with goods sent by public or private carrier shall be accepted unless confirmed in writing within 3 days from delivery (or in case of non-delivery from the agreed date of delivery. If clear receipt is given by the customer to the carrier no claim of any sort for loss or damage in transit shall be accepted.
D. The terms, conditions and stipulations stated in this contract shall apply to this contract to the exclusion of any other terms, conditions or stipulations including any terms, conditions or stipulations incorporated in the clients form of acceptance or conditions of purchase or form of sub-contract.
E. Client shall be responsible for offloading all materials delivered to site and the placing of these adjacent to the point of installation.
F. Material delivered to site shall be inspected by the client. If packaging is damaged, or there are breakages or shortages then these must be notified in writing within three working days of receipt
G. The client shall be at risk and shall bear the cost of any loss or damage to any goods supplied under the contract from the moment of delivery to site.
H. If standard packaging has been broken open to facilitate offloading the client shall be responsible for sole storage on site.
I. Tolerances and deflection limits of bases are available on application.
J. Tanks offered are suitable to operate at maximum temperature of 39°C.
k. Fixing of ladders to waterproof membranes shall be the client’s responsibility
L. Builders weathering to “Moduline” sectional housings is excluded from ACPI supply.


4. TITLE AND RISK
A. THE OWNERSHIP OF THE GOODS SOLD BY US TO THE CUSTOMER SHALL REMAIN WITH US UNTIL THE CUSTOMER HAS PAID.
B. For the purpose of these terms all liquidated sums owed by the customer to us on any account or grounds whatsoever shall be deemed to form part of the said price.
C. The risk in the goods shall pass to the customer on delivery or collection.
D. The goods will be stored on the customers premises separately from his own goods and those of any other person and the customer will not interfere with any identification marks or serial numbers on the goods.
E. WE MAY AT ANY TIME RECOVER AND RESELL GOODS TO WHICH TITLE SHALL NOT HAVE PASSED.
F. By its servants or agents we shall be entitled to access to the customers premised or those under his control or those to which the customer has a right of access where the goods are stored or reasonable thought to be stores for the purpose of inspection or re-possession at any time.
G. Upon the goods being re-possessed by us pursuant to this condition the risk in them shall revert to us but not otherwise and the customer liability for payment to us shall be extinguished to the extent of the sale price or lower market value of those goods to the customer subject and without prejudice to the liability of the customer to us for any transport or handling charges, legal costs or other expenses reasonably incurred by us in exercise of its rights hereunder.
H. If any of the goods are incorporated in or used as material for other goods before payment to us all our rights hereunder in the goods shall extend to those other goods.
I. The customer shall hold all proceeds of sale or otherwise arising on disposal or use of the goods whether they be mixed with the goods of the customer or another or incorporated in the property of another on trust for.
J. IN THE EVENT OF AN ADMINSTRATIVE RECEIVER BEING APPOINTED OR A PETITION BEING PRESENTED OR ORDER MADE FOR THE APPOINTMENT OF AN ADMINISTRATOR OR WINDING UP OF THE CUSTOMER OR ANY RESOLUTION BEING PASSED FOR ITS LIQUIDATION IN SO FAR AS IT IS LAWFUL WE SHALL BE DEEMED TO HAVE FORTHWITH REVOKED ANY LICENCE OR AUTHORITY FOR THE FURURE USE OF OUR GOODS IN THE POSSESION OR CONTROL OF THE CUSTOMER AND SHALL NOT BE DEEMED TO CONSENT TO THE EXERCISE OF ANY ACTUAL OR CLAIMNED RIGHT OF ANY SUCH PERSON IN RESPECT OF ITS GOODS EXCEPT TO THE EXTENT THAT SUCH PERSON PAYS THE PURCHASE PRICE OF THE GOODS TO US OR PERSONALLY UNDERTAKES SO TO DO WITHIN 28 DAYS.
5. INSTALLATION.
A. Client shall be responsible for the design construction and checking of bases.
B. If following inspection by ACPL base does not comply with tolerances the client will be responsible for site visit waiting time and expenses. The client shall notify ACPI in writing that rectification has been completed to ACPI’S specification.
C. 500mm clearance is necessary around above and below the tank with free and unobstructed access for installation.
D. The client shall provide the following services free electric power, scaffolding to comply to Health & Safety requirements, uninterrupted access to site, mechanical handling and insurance for materials on site.
E. Outlets from tanks are fitted with standard flanged or threaded fittings. Damage to these whilst fitting the pipe work shall be at risk to the customer. All pipes and valves must be independently supported so as not to impose stresses onto tank outlets.
F. Client shall be responsible for site measuring outlet connections. No responsibility will be accepted for prefabricated pipe work.
G. Tanks shall not be moved after they have been installed.
H. Where the site has been excavated the builder is to provide reasonable protection for clean and uninterrupted working conditions and access.
I. On completion an Installation Acceptance Certificate shall be raised which shall be signed by the client and/or the Main Contractor.

6. TESTING
a. ACPI’s Products are carefully inspected and where practicable submitted to standard tests at the works before dispatch. If required, special tests will be carried out in the presence of your representatives and a further charge will be made in the event of any delay on your part in attending such tests after seven days notice the tests will proceed in your absence and shall be deemed to have been made in your presence. Unless otherwise provided all tests must be made at the Company’s works.
b. Unless otherwise agreed between ACPL and the client testing of the tank(s)is expressly excluded and is the responsibility of the client.
C. Water supply, drainage, pumping facilities to be available for testing tanks on site at pre-determined size. If adequate water supply is not available, client must accept any one of the following alternatives:
l. Additional cost for waiting time whilst tank(s) are being lifted
11.Testing of Tank(s) without the attendance of our personnel
1111.Cost of returning to site to carry out such tests.
1v.Torque shall be applied to bolts on completion and the client shall test within 10 days from the date on the signed Completion Certificate
D. If the client has not been able to comply with clause C.1v a charge for the return visit will be made.
E. ACPI shall accept no liability due to water damage during testing.
F. Sterilisation to be carried out by others but only after satisfactory test has been achieved.
G. ACPI shall not be responsible for providing valves or blank flanges for the purpose of testing.
7. ARBITRATION
Any disputes or differences which may arise at any time between the parties to this
contract whether as to construction or otherwise shall be referred to arbitration by
an arbitrator to be agreed between the parties or in default of agreement to be
appointed by ........e.g. The president for the time being of the British
Plastic Federation under the provisions of the Arbitration Act 1950 or any
modification or re-enactment thereof.
8. LAW APPLICABLE
This contract shall in all respects be governed by and interpreted according to
English Law.
9. TERMS OF PAYMENT.
A. Strictly 30 days nett subject to approval or credit facilities, or otherwise as quoted.
B. Any outstanding balance shall be due irrespective if the claim is not certified by the Architect/Consultant or unpaid by the Main Contractor.
C. Retentions may only be withheld from payments where practical and final completion dates and retention percentages have been notified to ACPI on contract acknowledgements forms.