This is the User Agreement for Axis Controls (NW) Ltd (referred to as 'Axis Controls (NW) Ltd/we/us') of www.axiscontrols.co.uk an on-line information website operated by Axis Controls (NW) Ltd.
As a user of this website (referred to as "you/your") you acknowledge that any use of this website you make ("use/using") is subject to our terms and conditions below. Before using this website (‘Site') please read through these terms and conditions and print a copy for future reference.
Axis Controls (NW) Ltd reserves the right to change these terms and conditions at any time. It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions. Any such changes will take effect when posted on the website.
Certain website services will require registration and subsequent access to those services will be subject to you supplying your company name and email address. You must ensure that the details provided by you on registration or at any time are correct and complete. Please contact us if these details change.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing by email or to our contact address and all notices from us to you will be displayed on our website from time to time or sent by email.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude liability to you) the enforceability of any other part of these conditions will not be affected.
As a convenience to Axis Controls Ltd customers, the Site may include links to other web sites or material which are beyond its control. Axis Controls (NW) Ltd is not responsible for the content on the Internet or World Wide Web pages on its Site or any other site outside the www.axiscontrols.co.uk site.
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of Axis Controls (NW) Ltd howsoever arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within this Site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this site is strictly prohibited and you agree not to directly or indirectly breach our intellectual property rights.
The price and any other sums due to the Seller shall be paid to the Seller within thirty (30) days of the date of the invoice issued by the Seller. The Buyer shall pay interest on all sums due at the rate of 8% above Bank of England Base Rate per month calculated on a daily basis until payment is made in full after as well as before any judgement. The price shall be paid in full on the due date without deduction, setoff or counterclaim whatsoever. If the buyer defaults in paying any sum on its due date, the Seller may by giving written notice to the Buyer, without prejudice to any other rights it may have, either suspend future deliveries under any contract with the Buyer until the default is remedied or cancel such contract as far as any further goods remain to be delivered and to recover any damages and expenses involved in such suspensions or cancellations. If the Buyer defaults in the punctual payment of any sum owing to the Seller then the Seller shall be entitled to the immediate return of all goods sold by the Seller to the Buyer and all related documents of title to the Goods and the Buyer hereby authorises the Seller to recover the Goods and for that purpose to enter upon any premises where they are stored or reasonably believed to be located. Demand for or recovery of the Goods by the Seller shall not of itself discharge either the Buyer’s liability to pay for the whole of the price and to take delivery of the Goods or the Seller’s rights to sue for the whole of the price.
A “retention of title” clause is a clause that allows the supplier to retain ownership over the goods supplied until such time as certain conditions are met, thus providing the supplier with a form of security against the buyer's default or insolvency. A retention of title clause is sometimes known as a Romalpa clause or as a reservation of title clause.
Under the Sale of Goods Act 1979, where there is a contract for the sale of specific goods, the supplier can retain his right to ownership of those goods even though they have been delivered to the purchaser as long as all parties to the contract agree to this provision. For example, if it is stated in the contract, the supplier may retain the title to the goods until full payment is received. When valid, the supplier’s claim to any unused goods will be binding against any trustee or liquidator subsequently appointed.