1. About These Terms
1.1 These Terms and Conditions of Sale (“Terms”) apply to all sales and supplies of goods by Aston Building Supplies Ltd (“Aston Building Supplies”, “we”, “us” or “our”) to a business customer (“Customer”, “you” or “your”).
1.2 Aston Building Supplies operates primarily as a wholesale and B2B supplier of building materials and related products to the UK trade market.
1.3 These Terms apply exclusively to purchases made by customers acting in the course of a business, trade or profession.
1.4 By placing an order with us, you confirm that you are purchasing the goods for business purposes and agree to be bound by these Terms.
1.5 These Terms, together with the relevant quotation, order confirmation or invoice, form the contract between Aston Building Supplies and the Customer.
2. Orders and Contract Formation
2.1 All orders are subject to acceptance by Aston Building Supplies.
2.2 An order is not accepted until we issue an order confirmation, dispatch the goods, or otherwise confirm acceptance in writing.
2.3 We reserve the right to refuse or cancel an order where:
- the requested goods are unavailable;
- the price has been incorrectly displayed;
- the Customer has outstanding or overdue payments;
- delivery is not reasonably possible;
- the order contains an obvious error; or
- we reasonably suspect fraud or misuse of our services.
2.4 The Customer is responsible for ensuring that all order details, including product, quantity, dimensions, colour, specification, delivery address and contact information, are correct.
2.5 Once an order has been accepted, cancellation is only permitted with our written agreement and may be subject to reasonable costs already incurred.
3. Product Information and Specifications
3.1 Product descriptions, photographs, measurements, weights, colours and specifications are provided for general identification and guidance.
3.2 Where products are manufactured, packaged or supplied in batches, reasonable variations in colour, texture, finish, dimensions or packaging may occur.
3.3 Such reasonable variations shall not constitute a defect where the goods remain materially consistent with the agreed specification.
3.4 Where a Customer requires goods to meet a particular specification, standard, tolerance or application requirement, the Customer must confirm this with us before placing the order.
3.5 The Customer is responsible for ensuring that the goods are suitable for its intended application and that any relevant installation, technical or manufacturer requirements are followed.
4. Prices and VAT
4.1 Unless expressly stated otherwise, all prices are quoted in pounds sterling (£).
4.2 Prices are exclusive of VAT unless specifically stated to be VAT-inclusive.
4.3 VAT will be charged at the applicable rate.
4.4 Prices may change without notice before an order is accepted.
4.5 Once an order has been accepted, the agreed price will normally apply unless an error, additional delivery charge, agreed variation or other additional cost arises.
4.6 Any special delivery, pallet, oversized, remote-area, timed-delivery or other carriage charges will be payable by the Customer where applicable.
5. Payment
5.1 Unless a separate written credit agreement has been agreed, payment must be made in full before goods are dispatched.
5.2 Where a credit account has been approved, payment must be made within the agreed credit period stated on the invoice.
5.3 We reserve the right to withdraw or reduce credit facilities at any time where we reasonably consider that the Customer’s credit position or payment history has deteriorated.
5.4 If payment is not received by the due date, we may:
- suspend further orders or deliveries;
- withdraw credit facilities;
- require payment in advance;
- recover reasonable costs associated with collection of the debt; and
- exercise any other rights available to us under the contract or applicable law.
5.5 The Customer may not withhold or set off payment against amounts allegedly owed by Aston Building Supplies unless this has been expressly agreed in writing.
6. Delivery
6.1 We will use reasonable efforts to deliver goods within the estimated delivery period provided at the time of order.
6.2 Any delivery date or time given is an estimate unless expressly agreed in writing as a guaranteed delivery commitment.
6.3 Delivery may be made by Aston Building Supplies, a third-party courier, pallet network, freight provider or other delivery service.
6.4 The Customer must ensure that:
- the delivery address is correct and accessible;
- suitable access is available for the delivery vehicle;
- someone is available to receive the goods where required; and
- any relevant delivery restrictions are notified to us before dispatch.
6.5 The Customer is responsible for providing accurate delivery information.
6.6 Additional delivery charges may apply where:
- delivery cannot be completed because access is unavailable;
- the Customer provides an incorrect address;
- the Customer is unavailable to receive the goods;
- re-delivery is required;
- a special vehicle or service is required; or
- the goods require a delivery service different from the standard service quoted.
6.7 We are not responsible for delivery delays caused by circumstances outside our reasonable control, including courier delays, traffic, weather, industrial action, shortages, vehicle breakdowns or other third-party issues.
7. Delivery Inspection
7.1 The Customer must inspect goods as soon as reasonably practicable after delivery.
7.2 Any visible damage, shortage or incorrect goods must be reported to Aston Building Supplies within 48 hours of delivery, preferably with photographs and supporting delivery information.
7.3 Where goods are delivered on pallets, the Customer should inspect the pallet and packaging before signing for delivery.
7.4 Where damage is visible, the Customer should record the damage on the delivery documentation where possible.
7.5 Failure to report visible damage or shortages within a reasonable period may affect our ability to investigate and recover costs from the carrier.
7.6 This clause does not remove any legal rights that cannot lawfully be excluded or restricted.
8. Shortages and Incorrect Goods
8.1 If goods are missing from a delivery, the Customer must notify us promptly and provide details of the quantity received and quantity allegedly missing.
8.2 Where we reasonably establish that goods were incorrectly supplied or omitted, we may, at our discretion and subject to the Customer’s applicable legal rights:
- supply the missing goods;
- replace the incorrect goods;
- arrange collection of incorrect goods; or
- issue an appropriate refund or credit.
8.3 Customers must not dispose of, modify, install or resell goods that are alleged to be incorrect or defective until we have had a reasonable opportunity to investigate.
9. Damaged or Defective Goods
9.1 The Customer must notify us promptly where goods appear to be defective.
9.2 We may require photographs, batch information, packaging, installation information or other reasonable evidence to investigate a complaint.
9.3 Where appropriate, we may arrange an inspection of the goods.
9.4 If goods are confirmed to be defective and Aston Building Supplies is responsible, we will provide an appropriate remedy in accordance with the applicable contract and law.
9.5 We will not normally be responsible for defects or damage resulting from:
- incorrect installation;
- misuse;
- neglect;
- unsuitable storage;
- alteration or modification;
- failure to follow manufacturer instructions;
- normal wear and tear; or
- use outside the product’s intended application.
10. Returns
10.1 As these are B2B transactions, returns are not automatically accepted for unwanted, incorrectly ordered or surplus goods.
10.2 Any return must be agreed by Aston Building Supplies in writing before the goods are returned.
10.3 Where a return is agreed for reasons other than a fault or error attributable to Aston Building Supplies, the Customer may be responsible for:
- return carriage;
- collection charges;
- handling or restocking costs; and
- any loss in value arising from the condition of the goods.
10.4 Returned goods must normally be unused, undamaged and in their original saleable condition.
10.5 Bespoke, specially ordered, cut, modified, opened or non-standard goods may not be returnable unless we agree otherwise in writing.
10.6 Goods returned without prior authorisation may be refused or returned to the Customer at the Customer’s expense.
11. Cancellation
11.1 A Customer may request cancellation before dispatch, but cancellation is subject to our written acceptance.
11.2 Where goods have already been ordered, manufactured, allocated, packed or dispatched, we may recover reasonable costs incurred as a result of cancellation.
11.3 Special-order, bespoke, customised or non-stock goods may not be cancellable once the order has been accepted.
12. Risk
12.1 Risk in the goods passes to the Customer upon delivery to the Customer or its nominated representative.
12.2 Where the Customer appoints its own carrier or collection service, risk may pass when the goods are handed to that carrier or collected, subject to the applicable contract.
12.3 The Customer is responsible for ensuring that goods are appropriately stored and protected following delivery.
13. Retention of Title
13.1 Legal and beneficial title to the goods shall remain with Aston Building Supplies until we have received payment in full, in cleared funds, for:
- the goods concerned; and
- any other sums properly due from the Customer to Aston Building Supplies in respect of goods supplied.
13.2 Until title passes, the Customer shall:
- keep the goods identifiable as our property where reasonably practicable;
- not intentionally damage, alter or remove identifying marks from the goods;
- store the goods appropriately; and
- maintain reasonable insurance where appropriate.
13.3 If the Customer becomes insolvent, enters administration, liquidation or any similar process, or is otherwise unable to pay its debts as they fall due, we may exercise our rights in relation to goods for which title has not passed, subject to applicable law.
14. Customer’s Responsibilities
14.1 The Customer is responsible for:
- checking product suitability;
- providing accurate order information;
- providing correct delivery details;
- ensuring suitable access for delivery;
- complying with applicable installation requirements;
- following manufacturer instructions; and
- obtaining any permissions, approvals or professional advice required for its intended use of the goods.
14.2 The Customer must not rely solely on photographs or general product descriptions where a particular technical specification is essential to the intended application.
15. Limitation of Liability
15.1 Nothing in these Terms excludes or limits liability which cannot legally be excluded or limited.
15.2 Subject to clause 15.1, Aston Building Supplies shall not be liable for indirect or consequential losses, including loss of profit, loss of revenue, loss of business, loss of anticipated savings or loss of opportunity, except where such liability cannot lawfully be excluded.
15.3 Subject to clause 15.1, our liability arising from any individual order shall not exceed the total price paid or payable for the goods giving rise to the claim.
15.4 The Customer remains responsible for ensuring that the goods are suitable for its intended purpose and for their proper installation and use.
16. Events Outside Our Control
16.1 Aston Building Supplies shall not be liable for failure or delay in performing its obligations where the failure or delay results from circumstances beyond our reasonable control.
16.2 Such circumstances may include:
- severe weather;
- flooding;
- fire;
- transport disruption;
- courier or freight failures;
- strikes or industrial disputes;
- shortages of materials;
- supplier failures;
- government restrictions;
- war or civil unrest;
- energy or fuel shortages;
- cyber incidents; or
- other events beyond our reasonable control.
16.3 Where such circumstances occur, we will use reasonable efforts to minimise the impact and resume performance as soon as reasonably practicable.
17. Credit Accounts and Overdue Balances
17.1 Credit facilities are subject to approval by Aston Building Supplies.
17.2 Credit limits and payment terms may be reviewed periodically.
17.3 We reserve the right to suspend a credit account where invoices remain unpaid after their due date.
17.4 Where an account becomes overdue, we may require all future orders to be paid in advance until the account is brought up to date.
17.5 The Customer remains responsible for all properly due sums notwithstanding any dispute concerning another invoice or order.
18. Trade and Wholesale Pricing
18.1 Wholesale and trade prices may be subject to minimum order quantities, trade account status, volume requirements or agreed commercial arrangements.
18.2 Trade prices and discounts are confidential commercial information and should not be disclosed to third parties without our written consent.
18.3 Aston Building Supplies may withdraw, amend or review trade pricing where circumstances reasonably require.
19. Product Resale
19.1 Customers purchasing goods for resale are responsible for ensuring that their own descriptions, advertising, technical information and representations about the products are accurate.
19.2 The Customer must not make claims about a product which are inconsistent with information supplied by Aston Building Supplies or the manufacturer.
19.3 Where products require specific installation, safety or technical information, the Customer must ensure that appropriate information is passed to its own customers where applicable.
20. Intellectual Property
20.1 Unless otherwise agreed, all intellectual property rights in Aston Building Supplies’ own photographs, product descriptions, catalogues, logos, branding and marketing materials remain our property or the property of our licensors.
20.2 Customers must not reproduce or commercially use our branding, photographs or marketing materials without prior written permission.
21. Confidentiality
21.1 Each party shall keep confidential any commercially sensitive information received from the other party in connection with the business relationship.
21.2 This includes pricing, trade discounts, supplier information, customer information and commercially sensitive arrangements.
22. Data Protection
22.1 We will process personal information in accordance with applicable UK data protection legislation.
22.2 Customer information may be used for purposes including:
- processing orders;
- arranging delivery;
- issuing invoices;
- managing credit accounts;
- communicating about orders;
- preventing fraud; and
- complying with legal and regulatory obligations.
23. Complaints and Disputes
23.1 Customers should first contact Aston Building Supplies to attempt to resolve any complaint or dispute.
23.2 The Customer must provide sufficient information and supporting evidence to allow the issue to be investigated.
23.3 Both parties will use reasonable efforts to resolve commercial disputes promptly and in good faith before commencing court proceedings where appropriate.
24. General
24.1 These Terms constitute the standard terms on which Aston Building Supplies supplies goods to B2B customers.
24.2 Any amendment to these Terms must be agreed in writing.
24.3 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to apply.
24.4 A failure by Aston Building Supplies to enforce a right immediately does not constitute a waiver of that right.
24.5 The Customer may not transfer or assign its rights or obligations under a contract without our written consent.
25. Governing Law and Jurisdiction
25.1 These Terms and any contract between Aston Building Supplies and the Customer shall be governed by the laws of England and Wales.
25.2 Subject to any mandatory legal requirements, the courts of England and Wales shall have jurisdiction over disputes arising from or relating to the contract.
26. Acceptance of Terms
By placing an order with Aston Building Supplies Ltd, the Customer confirms that:
- it is acting in the course of a business, trade or profession;
- it has authority to place the order;
- it has reviewed and accepted these Terms;
- the information provided when ordering is accurate; and
- it agrees to be bound by these Terms.