Conditions of Use

Terms and Conditions Contents

1. Introduction
2. Information on the Website
3. Trade Marks
4. External Links
5. Public forums and User Submissions
6. Specific Use
7. Warranties
8. Disclaimer of Liability
9. Use of the Website
10. General
11. Trade order terms and conditions


1. Introduction
The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

3. Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.

4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner and/or a third partys computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.

6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

7. Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your companys personal information or material and information transmitted over our system.

8. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your companys personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

9. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

10. General

10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
10.2 Alteration
the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
10.3 Conflict.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
10.4 Waiver.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
10.5 Cession.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
10.6 Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

11. Trade order terms and conditions
The following trade order terms and conditions of sale apply to all sales of product from AEVOS ltd and PvaProducts which is a trading name of AEVOS ltd. All trade orders are subject by our Trade order terms and conditions and by placing an order with us and or by using a trade discount code you are bound to said terms.
1. General
These Conditions shall form the basis of the contract between AEVOS Limited ("the Seller") and the other party referred to overleaf ("the Purchaser") ("the Contract"). Notwithstanding anything to the contrary in the Purchasers standard conditions of purchase, these Conditions shall apply except so far as expressly agreed in writing by the Seller. No servant or agent of the Seller has power to vary these or to make representations or promises about the condition of the goods the subject of the Contract "the goods" their fitness for any purpose or any other matter whatsoever.
2. Quotations and Orders
Unless otherwise expressly stated in writing, all quotations and estimates by the Seller are invitations to treat. The Purchasers order is an offer and will become binding upon the Seller posting or delivering its confirmation of the order. A confirmed order may only be cancelled or varied with the Sellers written consent; the giving of the Sellers consent shall not in any way prejudice the Sellers right to recover from the Purchaser full compensation for any loss or expense arising from such cancellation or variation.
3. Cost Variation
All quotations and estimates issued by the Seller are, unless otherwise stated, based on current in store costs. All prices quoted are valid for 30 days only or until earlier placing of an order by the Purchaser, after which time they may be altered by the Seller without giving notice to the Purchaser. The Seller reserves the right, by giving notice to the Purchaser at any time before delivery, to increase the price of the goods to reflect any increase in cost to the Seller which is due to any factor beyond the reasonable control of the Seller, any changes requested by the Purchaser, or any delay caused by any instructions of the Purchaser, or failure of the Purchaser to give the Seller adequate information or instructions.
4. Documentation
The catalogues, advertisements and other statements made by the Seller are intended for information only and shall not form part of any quotation or contract unless expressly included in writing. The Purchaser shall keep the Seller indemnified against all costs, proceedings, claims and demands whatsoever to which the Seller may become liable as a result of work done in accordance with the Purchasers specifications and which involves infringement of any letters patent or registered design or otherwise the legally enforceable rights of a third party.
5. Delivery
Trade orders can take up to 10 working days production time, especially during busy sale and holiday periods but we always aim to dispatch as soon as possible (a) Dates of delivery are estimates only and the Seller shall not be liable in any respect whatsoever for the consequences of a delay howsoever caused.
(b) Where the Seller is to deliver, delivery shall be as near as possible to the Purchasers premises (or such other place as shall be agreed) as a safe hard road permits. The Purchaser shall provide at its own expense the labour for unloading and stacking; such labour to be available during normal working hours. Damage to goods due to inadequate site access or careless planning shall be at the purchasers risk. The Purchaser hereby agrees to indemnify the Seller against all costs and expenses incurred due to any damage incurred to any goods, plant or machinery owned by or at the Sellers risk arising from inadequate site access and/or the Purchasers careless or inadequate planning of delivery, unloading and/or storage of the goods.
(c) Where the goods are not delivered by the Seller, but by an independent carrier, delivery to the carrier shall be delivery by the Seller to the Purchaser. The Purchaser shall have a duty to acquaint itself with the carriers conditions of transport and delivery and will meet the said conditions
6. Claims
(a) In the case of any claim based on any defect in the quality or condition of the goods or their failure to correspond with specification, notification shall (whether or not delivery is refused) be given by the Purchaser to the Seller within 7 days from the date of delivery. Where an independent carrier has made/proffered delivery the Purchaser shall also notify the carrier of any claim in accordance with the carriers conditions of delivery, or if none in writing within 7 days of the date of delivery.
(b) If delivery is not refused and the Purchaser has not given notice in accordance with paragraph 6(a), the Purchaser shall not be entitled to reject the goods and the Seller shall have no liability for any such defect or failure, and the Purchaser shall be bound to pay the contractual price for the goods.
(c) Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods is notified to the Seller in accordance with paragraph 6(a), the Seller shall be entitled either (at its sole discretion) to replace the goods (or part in question) or refund to the Purchaser the price (or a proportionate part of the price) of the goods upon return of said goods, but the Seller shall have no further liability to the Purchaser.
7. Except as may be the inalienable statutory right of the Purchaser or except as may be specifically provided herein or otherwise agreed in writing by the Seller no warranties are to be agreed or to be implied in the contract between Purchaser and Seller and without prejudice to the generality of this exclusion no warranty is to be given or to be implied as to the life or wear of the goods or as to their suitability for any particular purpose or for their use under any specific condition without such specific provision or agreement in writing by the Seller.
8. The Seller shall not be liable to the Purchaser or be deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations, if the delay or failure was due to any cause beyond the Sellers reasonable control.
9. Title to and Risk in Goods
(a) On delivery of goods to the Purchaser the risk therein passes to the Purchaser. Notwithstanding delivery and the passing of risk, the title and property to the goods shall remain with the Seller until the Seller receives in cash or cleared funds payment in full of the price of the goods.
(b) Until such time as the property in the goods passes to the Purchaser, the Purchaser shall hold the goods as the Sellers fiduciary agent and bailee, and shall keep the goods separate from those of the Seller and third parties, and properly stored, protected and insured, and identified as the Sellers property. The Purchaser shall be entitled to resell or use the goods in the ordinary course of its business, and shall keep all such proceeds separate from any monies or property of the Purchaser and third parties.
(c) Until property in the goods passes to the Purchaser, the Seller shall be entitled at any time to require the Purchaser to deliver up the goods to the Seller (or as it directs) and if the Purchaser fails to do so forthwith, to enter upon any premises where the goods are stored and repossess the goods.
10. Terms of Payment
(a) All items are to be paid for in full before goods enter the manufacturing process.
(b) Credit account. The Seller shall be entitled to invoice the Purchaser on or at any time after delivery or the tendering of delivery of the goods. The Purchaser shall pay the price of the goods within 30 days of the end of the month (subject to credit account agreed) in which the Sellers invoice is dated. The price for the goods is exclusive of any applicable value added tax or other sales tax, which the Purchaser shall be additionally liable to pay to the Seller at the time of paying the price of the goods.
(c) The Seller reserves the right to charge interest on overdue accounts (both before as well as after any judgment) at the rate of 2% above base lending rate of the Sellers Bankers for the time being in force. The Seller shall without prejudice to any other remedy available to it, be entitled in the event of a default by the Purchaser in making payment at due time to suspend or cancel any further deliveries.
11. Termination
If the Purchaser shall make default in or commit a breach of these Conditions or any other of its obligations to the Seller of if distress or execution be levied upon the Purchasers property or assets or if the Purchaser shall make any arrangement or composition with creditors or (being an individual) commits an act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented against him or (if the Purchaser is a limited company) any resolution or petition to wind up such companys business (except for amalgamation and reconstruction) shall be passed or presented or if a receiver or an administrative receiver or an administrator is appointed, or the Purchaser ceases, or threatens to cease to carry on business, or the Seller reasonably apprehends that any of the foregoing is about to occur and notifies the Purchaser accordingly, the Seller shall have the right forthwith to determine any contract then subsisting and upon written notice of such determination being posted to the Purchasers last known address or registered office any subsisting contract shall be deemed to be determined without prejudice to any claim or right the Seller may otherwise have or exercise.
12. Weights and measures
All stock is weighed or measured using computer numerically conrolled machinery which is calibrated on a daily basis to ensure acuracy. We always set our machines to over measure. All weights and measurements are net measurements and we deem a tollerance of +/-5% to be acceptable on bulk trade orders.
13. Export Terms
(a) In this paragraph "Incoterms" means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the contract is made. Unless the context otherwise requires, any term or expression which is defined or given a particular meaning in the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
(b) Where the goods are supplied for export from the United Kingdom, the provisions of this paragraph 12 shall (subject to any special terms agreed in writing between the Purchaser and the Seller) apply notwithstanding any other provisions of these Conditions.
(c) The Purchaser shall be responsible for complying with any legislation or regulation governing the importation of the goods into the country of destination and for the payment of any duties thereon.
(d) Unless otherwise agreed in writing between the Purchaser and the Seller, the goods shall be delivered ex-works. (e) The Purchaser shall be responsible for arranging for testing and inspection of the goods at the Sellers premises before shipment. The Seller shall have no liability for any claim in respect of any defect in the goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.
14. Waiver
No waiver by the Seller of any breach of the contract between the Seller and the Purchaser, by the Purchaser shall be considered as a waiver of any subsequent breach of the same or any other provision.
15. Applicable Law
This Contract shall be construed in accordance with the laws of England.

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