Business to Business terms & conditions
1. Elite Supplies Conditions Apply
1.1 Unless otherwise specifically agreed in writing by elite supplies, all quotations and contracts for the supply of goods by elite supplies are made upon these Conditions of Sale (“the Conditions”) which shall at all times override any terms and conditions which the purchaser of such goods (“the Purchaser”) imposes or seeks to impose. “The Contract” means any contract made between the parties that incorporates the Conditions.
1.2 No terms or conditions endorsed on delivered or contained in the Purchaser’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
1.3 Delivery of any goods following a quotation for supply made by elite supplies will be made only upon the Conditions. Orders are accepted subject to the Conditions.
1.4 Any variation must be approved by an authorised elite supplies employee and be in writing. Any quotation or estimate is given subject to the Conditions.
2. Payment Terms
2.1 Terms of payment are 30 days from the date of invoice and in default elite supplies shall be entitled without notice to the Purchaser (even if the Purchaser has a contract with a third party) to:
2.1.1 terminate any outstanding order or quotation;
2.1.2 withhold and/or suspend supplies; or
2.1.3 reduce the Purchaser’s credit limit.
2.2 elite supplies shall also be entitled, at its discretion, to receive payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at that time or not.
2.3 In addition, elite supplies shall be entitled to claim interest on late payments pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. The Purchaser shall pay the interest together with the overdue amount and the Purchaser will indemnify elite in respect of all costs incurred by elite in recovering payment, including the cost of instructing solicitors.
2.4 No payment shall be deemed to have been received until elite has received cleared funds. Time of payment is of the essence.
2.5 In the event that the Purchaser tenders payment by cheque and the cheque is subsequently returned by the Purchaser’s bankers unpaid, the Purchaser will also indemnify elite supplies in respect of all resulting bank charges incurred by elite supplies.
2.6 The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by elite supplies to the Purchaser.
2.7 elite supplies reserves the right to set off, deduct or discount any amounts due from Arco under any other arrangement with the Purchaser against any monies due to elite supplies under this Contract.
3.1 All prices displayed in both elite supplies printed and online publications are subject to VAT where applicable.
3.2 Prices are correct at time of issue and are subject to change without prior notice.
3.3 The price charged to the Purchaser will be the prevailing price at the time of ordering.
4. Retention of Title
4.1 Risk in the goods supplied shall pass to the Purchaser on delivery. Title in such goods shall not pass to the Purchaser until elite supplies has received payment in full in cleared funds for such goods and any other goods supplied by elite supplies to the Purchaser for which payment is then due.
4.2 Until title to the goods passes, the Purchaser shall hold the goods on a fiduciary basis as elitesupplies bailee and shall keep them properly protected, insured, clearly identified and stored separately from any other goods (whether or not supplied by elite supplies). The Purchaser shall not destroy any identifying mark on packaging in the goods. The purchaser shall notify elite supplies immediately if if becomes subject to any of the events listed in Condition 12. The Purchaser may resell or use the Goods in the ordinary course of its business. If before title to the goods passes to the Purchaser, the Purchaser becomes subject to any of the events listed in Condition 12, or elite supplies reasonably believes that any such event is about to happen and notifies the Purchaser accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy elite may have, elite supplies may at any time require the Purchaser to deliver up the goods and if the Purchaser fails to do so promptly, enter any premises of the Purchaser or of any third party where the goods are stored in order to recover them.
5.1 Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact elite supplies
5.2 Unless otherwise agreed delivery of the goods shall take place at the Purchaser’s place of business.
5.3 Where elite supplies makes delivery of the goods to the Purchaser’s place of business or any other place as agreed in writing, all charges in relation to carriage, including, without limitation transport costs, insurance and unloading, will at elite supplies option, be borne by the Purchaser.
5.4 Delivery of the goods shall be completed on the goods arrival at the Purchaser’s place of business.
5.5 If the Purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk passing to the Purchaser (including for loss or damage caused by elite supplies negligence) and elite supplies may:
5.5.1 store the goods until delivery takes place, and charge the Purchaser for all related costs and expenses (including without limitation storage and insurance); or
5.5.2 sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Purchaser for any shortfall below the Contract price.
5.6 Any dates specified by elite supplies for delivery of the goods are intended to be an estimate and time of delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time. elite supplies shall not be liable for any delay in delivery of the goods that is caused by an event of force majeure or the Purchaser’s failure to provide elite suplies with adequate delivery instructions that are relevant to the supply of the goods.
5.7 elite supplies reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the Purchaser to terminate the contract.
5.8 The quantity of any consignment of goods recorded by elite upon dispatch from elite upplies place of business shall be conclusive evidence of the quantity received by the Purchaser can provide conclusive evidence proving the contrary.
5.9 Claims for shortages or damaged goods must be made in writing to elite supplies within 3 days of receipt of the goods.
5.10 Claims for non delivery must be made to elite supplies within 10 days of dispatch shown on invoice.
6.1 Notwithstanding any other provision in the Contract, elite supplies may at its option allow the Purchaser to return the goods upon the following conditions:
6.1.1 that the relevant goods are non-faulty;
6.1.2 that the relevant goods are goods that are ordinarily held in stock at one of elite supplies locations;
6.1.3 that the Purchaser notifies within 10 days of delivery of its intention to return the goods;
6.1.4 that the goods are returned to elite supplies within 15 days of delivery;
6.1.5 elite supplies and the Purchaser shall agree whether the goods shall be delivered by the Purchaser to elite or collected by elite from the Purchaser;
6.1.6 that the goods are undamaged, in the original packaging, with all trademarks or other labelling intact and fully suitable for re-sale;
6.1.7 the Purchaser agrees to pay elite supplies a 15% handling fee against the return of non-faulty standard goods. This handling fee will be reduced to 10% if the return is processed via website.
6.2 Notwithstanding any other provision in the Contract, elite may from time to time at its sole option accept the return of non standard, non faulty goods upon separate rates, terms and conditions, to be agreed with the Purchaser in advance of any such return. Non standard goods are goods which are not ordinarily held in stock at one of elites locations.
7.1 elite supplies warrants that upon delivery the goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
7.2 Subject to Condition 7.3, if:
7.2.1 the Purchaser notifies elite supplies of the alleged defect within 3 days of the time when the Purchaser discovers or ought to have discovered the defect;
7.2.2 complies with any reasonable requestor instruction from elite supplies;
7.2.3 affords elite supplies a reasonable opportunity to inspect that relevant goods.
7.2.4 allows elite supplies to collect the relevant goods. elite supplies shall, at its option, replace the defective goods, or issue a credit note in respect of the defective goods.
7.3 elite supplies shall have no liability under the warranty in this Condition in any of the following events:
7.3.1 any defect arising from wilful damage, negligence, abnormal storage conditions,
7.3.2 failure to follow to the manufacturers instructions whichever is appropriate (whether oral or in writing);
7.3.3 if the total price for the goods has not been paid by the due date for payment;
7.3.4 in respect of any type of defect or damage specifically excluded by elite by notice in writing; or
7.3.5 if the Purchaser makes any further use of the goods after giving notice in accordance with this Condition.
7.4 Except as provided in this Condition 7, elite shall have no further liability to the Purchaser in respect of the goods’ failure to comply with the warranty set out in Condition 0.
7.5 The terms implied by section 13-15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
7.6 These Conditions shall apply to any repaired to replacement goods supplied by Arco.
9.1 Any services which are subject to a separate fee and are to be performed by elite supplies under the Contract are performed in accordance with elite supplies terms and conditions of service. A copy of the terms and conditions are available upon request
7. All Rights Reserved
19.1 No part of any elite publication may be reproduced or transmitted in any form or by any means including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.
19.2 Such written permission must be obtained before any part of this publication is stored in a retrieval system of any nature.
19.3 All prices are subject to VAT. All prices are subject to alteration without notice. elite supplies reserve the right to amend the Conditions which are subject
7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8.1 The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Company, other members of the Company’s group of Companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
8.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, or results of the use of the Website, any websites linked to it and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even forseeable, provided that this section 8 shall not prevent claims for loss or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories contained in the paragraph 8.2
8.3 Nothing in this legal notice shall exclude or limit the Company’s liability for:
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
8.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Governing Law and Jurisdiction
9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.