Terms and Conditions
andamp; Standard Conditions of ATC Contract
A. Conditions Relating to all Contracts
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.
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
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 3% p.a. over
Lloyds Bank PLC 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.
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
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
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
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
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
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
c. Notwithstanding the foregoing permission in writing from Applied Thermal
Control must be obtained before any goods or equipment are returned.
These terms and conditions of sale shall be subject to a continued in
B. Conditions relating to supply and installation
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.
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
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.
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
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
If you have any questions relating to our terms and conditions
please contact us:
Unit 1 Garden Court
Tel: +44 1530 839998
Email : email@example.com
Website : app-therm.com