Terms and Conditions

DEFINITION

These conditions of Sale are between Atay Global LTD (Seller) and the Retailer (Buyer);
Should the End-user have any questions or queries regarding their order they must seek help through their Retailer;
These conditions of Sale are expressly incorporated as terms of any orders (the goods) which we accept;
"Goods" means the goods which we supply in accordance with these conditions;
"Seller" shall mean goods solely supplied by Atay Global Ltd;
"Buyer" shall mean the trading entity that has entered into this formal contract with the Seller;
"End-User" shall mean the legal entity purchasing the Goods from the Buyer;
Unless otherwise expressly agreed in writing by the Seller, these conditions shall form part of this contract, and they shall apply not only to the present transactions but also to all future business between the Seller and the Buyer;
Each separate new order will be viewed as a new 'contract' and the Seller will be subject to all Terms & Conditions of Sale at the point of order
These Conditions shall apply to all orders.

BASIS OF SALE

These terms and conditions govern all sales made by The Seller. Any changes or exceptions to these terms will only be valid if explicitly agreed upon in writing by both parties. The Seller reserves the right to correct any typographical, clerical, or other errors in the sales materials, quotations, price lists, order confirmations, invoices, or other documents, without incurring any liability.
Please note that this agreement does not transfer ownership of any Intellectual Property Rights the seller holds. These remain the Sellers exclusive property. All orders are subject to the Sellers approval and stock availability. If the items the Buyer orders are out of stock or not part of our standard inventory, the seller will reach out to the Buyer to arrange a convenient delivery timeframe.

RETENTION & TRANSFER OF TITLE OF GOODS

Title to the 'Goods' shall remain the Seller's property until paid in full by the Buyer.
Goods supplied by the Seller shall be at the Buyers risk immediately on delivery to the Buyer or into custody on the Buyer’s behalf (whichever is the soonest) and the Buyer should therefore be insured accordingly.
Property in Goods supplied will only pass to the Buyer when the Goods, which are the subject of the contract, have been paid for in full. When payment has become due and has not been received in full by the Seller the Seller shall have the absolute right and sole discretion to treat the contract as discharged and repossess the Goods supplied there under.
In the event of the Buyer becoming insolvent or of a liquidator or receiver being appointed to administer the Buyer's affairs prior to payment in full to the Seller, the Seller shall have the absolute right and sole discretion to forthwith treat the contract as discharged and to repossess the Goods with no formal or legal notice. Should the Goods (or any of them) be converted into a new product, whether or not such conversion involved the additional mixture of any other goods whatsoever and in whatever proportions, the conversion shall be deemed to have been affected on behalf of the Seller and the Seller shall be the full legal and beneficial ownership of the new product.
The Buyer shall be at liberty to sell the Goods and the new products/amendments to any contracted order as stipulated within this clause, above ordinary course of business on the basis that to proceed of the sale shall belong to the Seller whom the Buyer account on demand.
The Seller may at any time revoke the Buyer's "Power of Sale" by notice in writing to the Buyer if default for longer than 7 (seven) days in the payment of any sum whatsoever due to the Seller (whether in respect of the goods or any other goods whatsoever) if the Seller has bona fide doubts as to the Solvency of the Buyer. Upon determination of the Buyer's "Power of Sale", the Buyer shall place the Goods and the new products at the disposal of the Seller who shall be entitled to enter upon any premises of the Buyer for the purpose of removing such goods and new products/amendments from the premises (including severance from the reality where necessary).

ORDERS AND SPECIFICATIONS

The Buyer is responsible for ensuring that the details of any order they place with the Seller, including any applicable specifications, are accurate.
Additionally, the Buyer must provide The Seller with all necessary information about the goods within a reasonable timeframe to allow the Seller to fulfil the order as agreed. The quantities, descriptions, and specifications of the goods will align with those outlined in the quotation or in the acknowledgement of the order. All technical data, measurements, and performance outputs provided are based on the manufacturer’s specifications at the time of publication.
Please note that manufacturers reserve the right to modify, discontinue, or update products, including all brackets and fixtures, as shown in our catalogue. The Seller recommends confirming the validity of any published technical data and prices at the time of placing the order. For white radiators, variations may occur between different colour codes due to manufacturing tolerances.
Additionally, some colour finishes may differ ever so slightly from the provided colour samples or RAL charts.
All heat outputs are quoted on individual pages, in compliance with BSEN442. All dimensions are given as an indication only.
These products conform to European Ecodesign Directive (2009/125/EC) Lot 20.

PRICES

All prices are strictly net unless otherwise quoted. The Seller reserves the right to increase the prices quoted without notification, should there be any increase in the cost of labour, materials, duties, rates of exchange, freight or other charges, expenses and costs payable by the Seller before delivery.
Unless otherwise expressly stated by the Seller in writing, all orders are accepted on the condition that Goods will be charged at the prices ruling on the day of delivery. Unless otherwise agreed in writing by the Seller, these Terms & Conditions of Sale supersede any earlier pricing or amendments to pricing. The Seller agreed to supply Goods to the Buyer on agreed pricing terms and the Seller reserves the right to amend these terms without prior notification.

APPROVED CREDIT LIMITS AND ACCOUNT PAYMENT TERMS

The Seller requires the full balance of the total amount due to commission an order, the balance being paid prior to delivery unless credit facilities have been granted by the Seller in writing.
Payment shall be made to the Seller, strictly 30 days from the end of the month after the date of invoice (unless terms to the contrary have been agreed by the Seller).
Invoices are generated on the date of despatch.
Remittances are to be made direct to the Seller's UK Head Office.
The Seller reserves the right to reduce or remove credit facilities with no notification, should payment terms not be adhered to.

DISPATCH

All quoted dispatched dates are given bona fide and are what the Seller expects to achieve, with every effort made to adhere to them.
The Seller shall not accept any liability for failure to dispatch within such a time.
Time for dispatch shall be extended for a reasonable time if delay is caused by instructions or lack of instructions from the Buyer.
Dispatch time may be extended during holiday period and factory shut down.

STORAGE

If the Seller does not receive instructions within 14 days after notification that the goods are ready for despatch, Goods will be delivered to the Buyer at the address specified on the order.
The Seller is prepared in an emergency (storage facilities permitting) to store goods on a temporary basis at such a charge as the Seller may deem reasonable and the Buyer will be notified of these charges in writing.
Any charges for storage or for demurrage after despatch must be paid for by the Buyer before despatch.

DELIVERY

Every effort will be made to adhere to quoted delivery dates by the Seller.
Deliveries are dependent on outside courier companies.
The Seller shall not accept any liability for failure to despatch within such a time.
Where deliveries fail due to the End-User, the Seller may pass on failed delivery/redelivery charges to the Buyer.
Failure to provide all requested information to the Seller may lead to extended despatch times.
Despatch times may be extended during holiday periods and company shutdowns.
Packaging is free, disposal of is not the responsibility of the Seller.
Pallet deliveries will made curb side.
The consignee is responsible for transporting goods into their property.
Goods may be left safe at the Couriers discretion but only when requested by the End-User.
It is recommended that once checked, goods are stored in their original packaging in a safe and secure area.
The Seller cannot accept responsibility for items damaged after delivery and cannot accept any responsibility for any claims that occur after delivery, unless notified and investigated within the contracted time limit.
All Goods dispatched by the Seller is notified to the Buyer and the Buyer must notify the Seller if Goods are not received within 10 days of dispatch notification for any claim of "non-delivery" of Goods to be valid.
Any damages, defects and shortages must be reported by the Buyer in writing within three working days of delivery and failure to comply may invalidate any claim.
Once notified of any damages, defects or shortages, the Seller may request evidence of damage for verification.
The Seller will then professionally and fairly review each case individually and thereafter it is to the Sellers discretion after investigation to either repair or replace any goods or part of goods so damaged; or allow the Buyer credit in respect thereof in such amount as may be agreed with the Buyer or in default as fixed by the Seller at the Seller's discretion.
The Seller's liability under this condition shall be limited to repairing or allowing credit as previously stated.

UNAVOIDABLE LOSS OR DELAY

The Seller shall not be liable for any non-delivery or late delivery of Goods on own-vehicle or 3rd Party Carrier.
The Seller shall not accept responsibility in respect of Goods to have been lost or damaged in transit where delivery is otherwise than by the Seller.
The Seller can accept no responsibility for loss or delay occasioned by ware, civil commotions, strikes, lock outs trade disputes, shortages of labour, fire accident or destruction of plant, machines, apparatus or materials or loss or damage to any of the Seller's suppliers or in transit or any act of God or force majeure or other circumstances over which the Seller has no control.

INSTALLATION

The goods will be considered accepted once the goods have been delivered. Please note that The Seller cannot under any circumstance accept claims for any visible defects identified after installation. The Seller does not accept responsibility for any costs related to installation, including but not limited to plumber's fees, decorator's charges, transport expenses, late penalties, or any other associated costs. This applies to situations arising from defects in the goods, such as manufacturing faults (e.g. leaks) that become evident during or after installation, or delays in the delivery of the goods.
The Seller strongly advises against scheduling any installers or contractors until the goods have been delivered and thoroughly inspected. If any items appear to be damaged, the seller advises to refrain from proceeding with installation.

CARRIAGE CHARGES

All prices are inclusive of carriage charges within the mainland of the United Kingdom.
The Highlands of Scotland and Isles off the United Kingdom and Scotland are exceptions to pricing inclusive of carriage charges and carry an additional delivery charge which is required to be agreed the Seller and the Buyer prior to despatch.
A quotation for deliveries and timings of deliveries outside of mainland United Kingdom can be requested to the Seller.
Orders under the valve of £60 Ex. VAT will be subject to a delivery fee if the order does not include a radiator/towel rail.

CANCELLATIONS OR ALTERATIONS

Orders cannot be cancelled except with the Seller's consent and on terms that will indemnify the Seller against loss.
Cancellations must be made in writing and acknowledged by the Seller.
Any alterations to an order must be made in writing and acknowledged, please note that orders cannot be altered once an order has been despatched.
Where goods are rejected by the consignee/End-User, charges may apply to the Buyer and will be advised by the Seller.
Once all custom made/bespoke finish/RAL orders have entered into and commenced production, these cannot be cancelled not can be returned on delivery.

RETURN OF GOODS

Only in exceptional circumstances and by previous agreement with the Seller will the Seller accept back for credit items that have been supplied against confirmed orders.
Providing the goods to be returned are new, packaged as new and in un-used condition the net value of the goods returned less a re-stocking charge will be credited to the Buyer subject to inspection.
The Seller has the right to deny any return and credit upon receipt and inspection of the Goods.

COLLECTIONS

Collections will be booked at the discretion of the Seller providing requested Returns Collection Form has been completed and accepted accordingly and images have been provided.
Failed collections may be chargeable and will be advised to the Buyer by the Seller.

PERFORMANCE

No liability will be accepted by the Seller or the Seller’s servants, agents or sub-contractors for failure to attain any performance figures quoted unless the Seller has specifically guaranteed them unless they are quoted in our official catalogue in force at the date of delivery.
The Seller reserves the right to amend our performance specification periodically but should this occur between the date of order and the date of delivery the Seller will immediately advise the Buyer.

GUARANTEE AND LIABILITY

The guarantee is offered subject to the goods being installed by a full certified and registered installer.
Any alterations to the specification using non-approved parts/accessories/fittings or incorrect installation shall invalidate the guarantee in full.
The Seller shall have sole discretion when deciding to replace an item which is agreed to be faulty.
In cases of replacement the Seller reserves the right to offer the nearest equivalent product where the original is not available.
The Sellers liability is limited to the supply of replacement product/parts and does not include cost incurred in effecting a replacement.
All replacement products are chargeable.
Credit will only be raised upon receipt and inspection of the original goods.
Goods found to be in good working order and damaged products where damage is believed to have been caused on site will not be credited.
Under no circumstances will the Seller or their employees, agents or subcontractors be liable for any loss or damage of any kind whatsoever, (except arising from death or personal injury) whether consequential or otherwise caused directly or indirectly by any negligence on the Sellers part or part of any of the seller employees, agents or subcontractors, in connection with or arising out of the manufacture or supply of the goods or in connection with any advice or statement given or made by or on the sellers behalf.

SAMPLES & DISPLAYS

All goods supplied for samples and displays are subject to agreed discounts and are for display use only (NOT FOR RESALE).
Display products remain the property of the Seller until paid in full.

LAW, JURISDICTION AND LANGUAGE

These conditions shall be constructed and governed in accordance with English Law and any dispute or difference arising between the Seller and the Buyer concerning or relating to these conditions shall be submitted to the exclusive jurisdiction of the Courts of England & Wales.
The Seller reserves the right to change these Terms & Conditions without prior notification.
All Contracts are concluded in English