Terms and Conditions

Terms and Standard Conditions of ATC Contract

A. Conditions Relating to all Contracts

1. General
These terms and conditions will apply to and govern any contract between Applied Thermal Control Ltd (hereinafter referred to as "Applied Thermal Control") and the purchaser. Any other terms, conditions, warranties or representations, whether made prior to, collateral with or subsequent to the contract are excluded. No additional terms of any nature put forward by the purchaser, whether printed on the purchaser’s documents or in any other form, shall apply unless they are separately bought to Applied Thermal Control’s notice and express consent thereto is given in Applied Thermal Control’s written acceptance. 

2. Contract date
The contract shall become binding upon the parties only when Applied Thermal Control accepts an order from the purchaser. Any quotation given by Applied Thermal Control shall be deemed to be an invitation to treat and not an offer on the part of Applied Thermal Control.

3. Cancellation
Orders placed and accepted by Applied Thermal Control are accepted cannot be cancelled except with our consent and on the terms which will indemnify us against loss. Goods returned without our consent will not be accepted for credit.

4. Prices
The prices quoted by Applied Thermal Control are the prices at the time of quotation only and the price to be paid shall unless the contrary appears in the agreement between the parties be the standard pricing ruling at the date of delivery, at the time of installation or at the time of carrying out a maintenance service referred to in the contract, whichever the case may be. All prices are ex-works and payable in the currency quoted.

5. Terms of Payment
Where the contract does not specify other terms of payment the purchaser if in the UK shall pay the full invoice value no later than nett 30 days after the invoice date and if elsewhere as agreed in the quote.

6. Overdue Accounts
The purchaser shall be liable to pay interest at the rate of 8% p.a. over the Bank of England base rate calculated on a daily basis on all overdue accounts.

7. Consequential Loss
Applied Thermal Control shall not be liable for any consequential loss or damage suffered by the purchaser howsoever caused including loss due to delay, loss of production, loss of profits, loss or damage to other property or goods and death or injury to persons.

8. Guarantee
a. Applied Thermal Control will accept liability for a period of twelve (12) months from the date of delivery, or where the goods or equipment are installed by Applied Thermal Control from the date of completion of installation, or where a service is being included by Applied Thermal Control from the date of such service to make good any defects in goods or equipment supplied by Applied Thermal Control which developed under proper use as a result of faulty materials or bad workmanship in manufacture, subject to the following provisions:
i. The goods or equipment have been installed by Applied Thermal Control or installed in accordance with the instructions given by Applied Thermal Control.
ii. The goods or equipment have at all times been operated in accordance with Applied Thermal Control's operating and maintenance instructions.
iii. The nature of all the input services to the equipment has not changed by a significant amount.
iv. There has been no exchange or modification of the goods or equipment or the parts thereof after installation without prior agreement with Applied Thermal Control
v. None of the settings of the plant control gear (save controls designed for customer's use) have been altered without written authority from Applied Thermal Control.
vi. The equipment has not been misused or damaged by external force.
b. Save as aforesaid Applied Thermal Control accepts no liability for any goods provided or installation or services carried out by Applied Thermal Control.

9. Claims and Returns of Goods or Equipment
The entitlement of the purchaser to any benefit of the guarantee shall be subject to the following conditions:
a. That any complaint shall be notified in writing to Applied Thermal Control in the case of alleged defects within twenty-one (21) days of the date of the alleged defect arising or being discovered by the purchaser and in any event not later than twenty-one (21) days after the expiration or the guarantee period.
b. That the purchaser shall prove to Applied Thermal Control's satisfaction that the alleged defect is one covered by one or more of the provisions of guarantee and Applied Thermal Control shall have sole discretion whether the equipment or the part in question should be made available for inspection by Applied Thermal Control's representative at the purchasers premises or whether the same should be returned at the purchasers cost and risk to Applied Thermal Control's service center. The purchaser shall also be responsible for all costs of redelivery of an alleged defective part after examination and/or repair by Applied Thermal Control unless Applied Thermal Control in its discretion shall otherwise decide.
c. Notwithstanding the foregoing permission in writing from Applied Thermal Control must be obtained before any goods or equipment are returned.

10. Jurisdiction
These terms and conditions of sale shall be subject to a continued in accordance with English law.

B. Conditions relating to supply and installation of goods.

1. Delivery
Every endeavour is made to deliver on or before the estimated date of delivery but no responsibility or liability will be accepted by us for delay caused in whole or in part by strikes, lock-outs, works breakdown, fire shortages of materials or labour, inabilities of sub-contractors, delay in approval of engineering drawings or any other event of whatsoever nature. When the price includes the cost of delivery to the purchasers premises or nominated site clear access or space for receiving the goods or equipment shall be provided. Applied Thermal Control shall not be responsible for offloading or putting goods and equipment into place unless this is expressly specified and agreed.

2. Storage
If Applied Thermal Control did not receive forwarding instructions sufficient to enable them to despatch the goods or equipment fourteen (14) days after the date of notification that they are ready to despatch, the purchaser shall accept delivery when tendered or arrange storage, Applied Thermal Control shall be entitled to arrange storage either at their own works or elsewhere on the purchaser's behalf and notify the purchaser of all changes for storage, insurance and conveyance which shall be the responsibility of and invoiced to the purchaser.

3. Damage in transit
Applied Thermal Control will only be responsible for damage or deterioration in transit when the contract price includes the cost of delivery to the purchasers premises or nominated site and even in that event only if the purchaser notifies Applied Thermal Control of such damage within twenty four (24) hours of delivery.

4. Installation, testing and inspection
In cases where Applied Thermal Control do not install the goods or equipment they will be prepared to give written advice about installation. If the presence on site of a representative of Applied Thermal Control is required for installation and/or commissioning Applied Thermal Control shall be entitled to charge thereof in addition to the contract price. In cases where the contract price includes the cost of installation and/or commissioning and this is delayed without default on the part of Applied Thermal Control any additional cost to Applied Thermal Control on the installation or commissioning caused but the delay shall be paid by the purchaser in addition to the contract price.

5. Passing of risk
The risk in goods shall pass to the customer when goods are available and tendered for delivery, or in accordance with INCO Terms 2010, where quoted.

6. Title
Irrespective of any provisions in the contract of these conditions as to risk, all goods and equipment sold shall remain the property of Applied Thermal Control until these conditions have been filled and Applied Thermal Control has been paid in full thereof. The purchaser shall not endeavour to dispose of or mortgage or charge or lend or part with possession of the goods and equipment other than in accordance with the agreed payment terms without the express consent or Applied Thermal Control. In the event of the customer selling the goods he shall hold the goods until sale and gross profit of sale upon trust for Applied Thermal Control and shall until payment keep funds in a separate designated account.

C. Conditions relating to provision of after sale service
1. Site visits will take place at the intervals specified in Applied Thermal Control's quotation or service contract proposal and Applied Thermal Control undertakes to give prior notice to each visit.
2. In addition to the cost of the service as specified in the quotation or proposal and clause A4 hereof an extra charge will be made for materials used during the visits and where applicable an extra charge will be made for hotel accommodation and any other expenses incurred.
3. The prices herein referred to are based on service work being carried out during normal working hours during Monday to Friday inclusive but excluding Bank Holidays. Applied Thermal Control shall be entitled to make an additional charge in respect of any service work carried out outside these hours.
4. On satisfactory completion of each service visit Applied Thermal Control's representative will provide for signature a report which the purchaser shall ensure is signed by a duly authorised person.
5. The service contract work to be carried out shall be in accordance with the particulars and specification which are attached to Applied Thermal Control's quotation or proposal.
6. The service contract shall continue unless terminated by either party giving not less than three (3) months previous notice in writing to the other.

D. Compliance with the Modern Slavery Act 2015
At Applied Thermal Control, we recognize the responsibility that we share with our suppliers to buy, produce and sell our products in an ethical manner. Our Ethical Trading Policy is a core element of this commitment to responsible sourcing. We want our customers to be confident that the people who make our products are treated fairly, with respect for human rights and are not exposed to unsafe working conditions. We believe that when ethical standards are in place, this can improve worker well being, productivity and quality, which benefits both our suppliers and our customers. Only suppliers that share our standards and values will be considered appropriate to trade with Applied Thermal Control and we seek to develop long-term trading relationships with suppliers based on the principle of fair, open and honest dealings at all times. This is the second publication of our Ethical Trading Policy and represents our latest requirements on ethical trade. We will regularly review and, where necessary, update the Policy to ensure it remains responsive to our stakeholders expectations, our business strategy and industry practice.

We hereby confirm that we abide by all the requirements of the Modern Slavery Act 2015. We understand that false declarations are unlawful.

If you have any questions relating to our terms and conditions please contact us:

Applied Thermal Control Ltd
39 Hayhill Industrial Estate
Barrow upon Soar  
Leicestershire
LE12 8LD 
United Kingdom 

Tel: +44 1530 839998
Email : sales@app-therm.com
Website : app-therm.com