These Terms and Conditions are applicable to your use of the services available under the domain at www.ashfordmodel.co.uk and at Ashford Model Supply Centre, distribution centre and wholesale outlet.
If you do not agree to be bound by these Terms and Conditions, you may not use or access those services. Please read these Terms and Conditions carefully. Agreement of these terms and conditions is conditional prior to point of sale.
DEFINITIONS
The following definitions apply to words and phrases used in these Terms and Conditions.
‘Ashford Model Supply Centre’ means Ashford Model Supply Centre trading as Ashford Model Supply Centre, Directors of the company or any associated or connected body with the business of the Company.
Ashford Model Supply Centre and all their subsidiary companies’ means any website or domain registered in the name of the Directors or Ashford Model Supply Centre.
'the Purchaser' means any person entering into a contract for the purchase or hire from Ashford Model Supply Centre of any Equipment, service or hire agreement whether via www.ashfordmodel.co.uk or any of their subsidiary companies websites or at Ashford Model Supply Centre stores.
'the Equipment' means that any item, product, service or hire arrangement supplied by the Ashford Model Supply Centre to the Purchaser. 'Ex Factory' means the title to equipment passes to the buyer when they leave any premises belonging to Ashford Model Supply Centre.
‘the Returns Authorisation Number’ means a number provided by the Services Department for the return of Equipment by the Purchaser.
'ARTF' or 'ARF' or ARTR means a reduced size model assembly kit that is partially prepared. The kit requires some construction skill to complete and may require some alteration and adjustment to achieve completion. Manufacturer’s liability ceases at the commencement of construction and no guarantees are offered or implied regarding construction, flight or drivability. Other components are usually required in addition to the supplied product. The buyer accepts these liabilities by beginning construction of the kit.
‘RTF’ or RTR means a reduced size model ready to fly or drive without need for any construction. The manufacturer guarantees flight or drivability, the performance and building standards are subject to pilot or drivers experience and ability.
'Compliant Product' means a product manufactured, tooled to a defined standard with defined usability for the end user.
'Recorded Delivery' means a service provided by Post Office Counters Ltd as a means to tracking a delivery and must be signed for as a means of receipt.
GENERAL
Ashford Model Supply Centre may amend these Terms and Conditions at any time by giving you notice (“Notice”) either by email or by posting amended Terms and Conditions on their website. New and existing Purchaser’s will be bound by any amended Terms and Conditions after the expiry of twenty four hours following the date and time of a notice.
These are the Standard Terms and Conditions of supply of Ashford Model Supply Centre which shall govern all contracts for the sale, supply or hire of Equipment by Ashford Model Supply Centre to the Purchaser. Any quotation or other communication sent by Ashford Model Supply Centre to the Purchaser shall be deemed to be an invitation to treat only. The Purchaser's purchase orders shall constitute offers to buy or hire only and the contract between Ashford Model Supply Centre and the purchaser shall come into effect upon Ashford Model Supply Centre’s acceptance, whether upon Ashford Model Supply Centre’s formal acknowledgements of order or otherwise, of the Purchaser's order.
Any written order or other communication of any kind from the Purchaser containing any terms and/or conditions inconsistent with these Terms and Conditions shall not be accepted by Ashford Model Supply Centre to the extent of such inconsistency and such inconsistent terms and/or conditions shall be deemed to be severable and shall be severed from the order or communication without otherwise affecting the validity thereof and any subsequent acceptance on these Terms and Conditions shall not constitute a counter offer. Acceptance of the Equipment by the Purchaser shall constitute acceptance by it of these Terms and Conditions.
No employee, servant or agent of Ashford Model Supply Centre has authority to vary these Terms and Conditions orally and no variation of these Terms and Conditions shall be effective or binding on Ashford Model Supply Centre unless made in writing or signed on behalf of Ashford Model Supply Centre by a director or other authorised signatory of the company.
PURCHASE OF KNIVES, BLADES, RAZOR BLADES AND ADHESIVES To purchase knives or blades, razor blades and adhesives from this site you must be over eighteen years of age.
It is a criminal offence to sell knives or blades, razor blades and adhesives to anyone under the age of eighteen. When placing an order for knives or blades, razor blades and adhesives, the buyer will be asked to declare that they are of the appropriate legal age.
If (we Ashford Model Supply Centre) discover that the buyer is not permitted to purchase knives or blades, razor blades and adhesives (we Ashford Model Supply Centre) are entitled to cancel the order immediately, without notice.
By ticking this box at the point of sale represents your declaration that you are of a legal age to purchase these item(s).
DELIVERY
The sale is termed “Ex-factory”. Each delivery constitutes a separate contract between the courier and the Purchaser. All liabilities regarding the Equipment become the responsibility of the Purchaser immediately at the point of sale regardless of payment terms.
Ashford Model Supply Centre shall deliver or produce delivery of the Equipment as instructed by the Purchaser on behalf of the Purchaser to the address specified in the Purchaser's order.
Note A: If the Purchaser chooses delivery by means of "Recorded Delivery" the purchaser shall be charged an additional sum at the current rate demanded by Post Office Counters Ltd and delivery shall be made as defined by the Purchaser.
Note B: "Recorded Delivery" does not guarantee the Purchaser a delivery time faster than a standard delivery.
Unless otherwise expressly agreed in writing the price of the Equipment excludes all costs of packing and delivery which are charged to the Purchaser in addition to the price of the Equipment. In the event equipment is returned to the supplier because the address is incorrect or misleading and redelivery is required additional transit costs will be applied.
Products will not be dispatched to P.O. Boxes or third party destinations without proof to the delivery agent that the address is the purchasers fixed personal or business address.
The Purchaser shall arrange for insurance of the Equipment during transit and shall bear the costs thereof.
Ashford Model Supply Centre is not responsible for any damage incurred during transit.
Ashford Model Supply Centre will use all reasonable endeavours to effect delivery of the Equipment via the Purchasers chosen delivery agent by any delivery date requested by the Purchaser in writing, in any order, but time of delivery shall not be of the essence of any contract and Ashford Model Supply Centre shall not be liable for any failure to effect delivery on or by such date or otherwise.
Ashford Model Supply Centre reserves the right to suspend all deliveries to the Purchaser and/or terminate any contract for the supply of equipment to the Purchaser without liability in the event of any breach by the Purchaser of these Terms and Conditions.
EQUIPMENT IN TRANSIT All equipment sold to the purchaser are sold strictly 'Ex Factory', at the point of sale the liability for loss or damage and the expenses of shipment also pass from vendor to buyer. Any loss or damage incurred during transit is the responsibility of the Purchaser and all investigation of the loss or damage is between the Purchaser and the Purchasers chosen delivery agent.
At the point of sale the Purchaser will be asked which delivery service is preferred and should the purchaser not have arranged a delivery agent one may be suggested on their behalf. Ashford Model Supply Centre may remain responsible for the booking of the chosen transit agent and the transfer of payment to that agent at the request of the Purchaser. This service is conducted on behalf of the Purchaser and is agreed at the point of sale.
Terms and conditions of each delivery agent may be obtained directly from the delivery agents head office.
"Transit Care" is advised for all consignments above £20.00 in value and can be arranged by the purchaser at the point of sale "if desired" at a rate of £7.00 per consignment. Please note this is not an insurance against transit damage, but an additional service supplied by Ashford Model Supply Centre to supply addition packing for transit purposes to assist in the prevention of transit damage. Transit damage can not be guaranteed once released to your chosen courier service.
LATE DELIVERY
Whilst Ashford Model Supply Centre will use every reasonable endeavour to arrange delivery in accordance with the Purchaser’s requirements the company will not be liable for any consequences of late delivery howsoever caused.
SHORTAGES Retail Purchase: The Purchaser shall examine the Equipment immediately on receipt. Ashford Model Supply Centre reserves the right to reject claims in respect of shortages unless the same are submitted in writing to the company at its Premises within 7 (seven) days after delivery of the equipment or in the case of non-delivery, 7(seven) days after the due date for delivery.
Wholesale Purchase: The Purchaser shall examine the Equipment immediately on receipt and report any damage or deficiency within 48 hrs or receipt. Ashford Model Supply Centre reserves the right to reject claims in respect of shortages unless the same are submitted in writing to the Company at its Premises within 7 (seven) days after delivery of the equipment or in the case of non-delivery, 7(seven) days after the due date for delivery.
Used Products, End of Line and Job Lots: The Purchaser or the Purchasers representative shall examine the Equipment immediately on receipt and define any discrepancies there found in the presence of the Ashford Model Supply Centre representative. Ashford Model Supply Centre will reject all claims in respect of shortages or damage in transit or non-delivery thereafter. These products are identified as being “sold as seen” and thereafter the product belongs wholly to the Purchaser in title and ownership.
PRICE & PAYMENT
The invoice price of the Equipment shall be the price specified in any quotation or acceptance of order and shall be exclusive of VAT or any other similar sales or purchase tax or customs duties payable or to be accounted for by Ashford Model Supply Centre in relation to the sale and supply of the Equipment to the Purchaser, which shall be charged in addition at the rate in force at the date of Ashford Model Supply Centre's invoice to the Purchaser.
Ashford Model Supply Centre reserves the right to raise invoices either in the currency of the contract concerned or in that Purchaser’s national currency. Payment of Ashford Model Supply Centre’s invoices must be made in the currency shown on them.
All Ashford Model Supply Centre invoices are due for payment within the time shown on the invoice concerned. Invoices may be sent by first class post and/or by email to the Purchaser’s address supplied to Ashford Model Supply Centre.
Packages in excess of thirty inches in length will be subject to an additional charge.This charge will be determined by the standard Parcel Force rate calculated on size and weight.
CREDIT CARD CHARGES
There are no credit card charges.
BANKING AGENTS Agents such as PayPal incur a surcharge of 4.99% of the total invoice. The surcharge must be covered by the Purchaser at the point of sale. Proof of money exchange must be provided prior to equipment being dispatched.
WHOLESALE CUSTOMERS
Payment shall be made in full at the time of placing an order by the Purchaser.
On subsequent repeat orders subject to the Purchaser’s good credit rating, payment must be made within the time agreed (not exceeding 30 (thirty) days) of the date of Ashford Model Supply Centre's invoice. Without prejudice to its other rights hereunder in connection with late payment Ashford Model Supply Centre shall be entitled to charge interest on overdue accounts at the rate of 5.5% above the base rate of HSBC Bank per month, such interest to accrue at a daily rate from the due date until payment.
IMPORT CUSTOMERS
Payment shall be made in full at the time of placing an order by the Purchaser to:
ASHFORD MODEL SUPPLY CENTRE STORES
Where Equipment is purchased via Ashford Model Supply Centre stores then immediate payment is required without exception.
TITLE
Until all payments due from the Purchaser to Ashford Model Supply Centre for the supply of Equipment have been received in full the Purchaser shall hold the Equipment in a fiduciary capacity as bailee for Ashford Model Supply Centre and:
Legal and beneficial title to the Equipment shall remain with Ashford Model Supply Centre and the Purchaser shall hold the Equipment in such a way that it can be clearly identified as the property of Ashford Model Supply Centre. Ashford Model Supply Centre reserves the right to dispose of the Equipment and may retake possession at any time and for that purpose may by its servants or agent’s enter upon any land or premises occupied by the Purchaser.
Without prejudice to the foregoing the Purchaser shall be entitled to use the Equipment in the normal course of business provided that any monies so received for its use shall be held separately in an account opened for such purpose and designated as being held on behalf of Ashford Model Supply Centre to whom the Purchaser shall have a fiduciary duty to account to the extent of its indebtedness. Such account shall not be permitted to be overdrawn and the monies therein shall not be charged by the Purchaser to secure any liability of the Purchaser.
EQUIPMENT
The Purchasers accepts responsibility to ensure all Equipment is kept in a serviceable and compliant/upgraded condition and servicing is continued at the Purchaser’s cost regularly throughout the remainder of the Equipments life.
The Purchaser’s acknowledge that Ashford Model Supply Centre have no obligation or duty to notify Purchasers of the changing health and safety standards or the necessity to alter or replace components to maintain compliance with current guidelines. No warranty or guarantee is implied with the sale of any Equipment and no refunds will be given for incorrect orders once an order has been accepted by Ashford Model Supply Centre. The Purchaser must raise all questions relating to their purchase and the Equipment with Ashford Model Supply Centre and agree all costs prior to ordering the Equipment.
LIMITATION OF LIABILITY
If Ashford Model Supply Centre receives notice from the Purchaser of any breach of the warranty then Ashford Model Supply Centre will at its own expense and within a reasonable time after receiving such notice at its discretion either repair or remedy the defect or error in question, replace the Equipment or such part as is defective or refund to the Purchaser the price paid for the Equipment, provided that Ashford Model Supply Centre shall have no liability or obligation under the warranty unless Ashford Model Supply Centre receives notice in writing from the Purchaser of the breach of warranty within three working days of the breach. The Purchaser will at its own cost return the defective Equipment to Ashford Model Supply Centre's Premises for either repair or component replacement. Ashford Model Supply Centre will at its cost deliver the repaired or replacement Equipment to the Purchaser's premises. In the event the Equipment is being used and is of a repairable nature repairs may be conducted onsite. Ashford Model Supply Centre will not be responsible for anything greater than the price paid for the Equipment.
The warranty above is given by Ashford Model Supply Centre subject to the following conditions:
Ashford Model Supply Centre shall be under no liability in respect of’ any defects in the Equipment arising from fair wear and tear, wilful damage, accident, negligence, abnormal working conditions or environmental working conditions, failure to follow Ashford Model Supply Centre's or the manufacturers instructions (whether oral or in writing) or misuse or modification of the Equipment or Software without Ashford Model Supply Centre's approval.
Ashfrd Model Supply Centre isr not be responsible for the outcome resulting from any sustained crash damage, repair or supply of spare parts of any kind which results from the purchasers inability to control the model accidental or otherwise.
Ashford Model Supply Centre shall be under no liability if equipment is deemed to be used or acquired from a source other than a Ashford Model Supply Centre outlet or website. The Purchasers accepts responsibility to ensure all Equipment is kept in a serviceable and compliant/upgraded condition at the Purchaser’s cost and servicing is continued regularly throughout the remainder of the Equipments life.
Except as expressly stated in these terms and conditions Ashford Model Supply Centre makes no warranty that the Equipment will be fit or suitable for any particular purpose for which it is required by the Purchaser even where the Purchaser has made such purpose known to Ashford Model Supply Centre.
Except as expressly stated in these Terms and conditions all warranties, conditions, terms, undertakings and obligations expressed or implied by statute, common law, custom, trade usage, course of dealing or otherwise are hereby excluded to the fullest extent permitted by law.
Ashford Model Supply Centre shall not be liable to the Purchaser whether for breach of contract, breach of statutory duty, breach of any duty at common law or otherwise for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) whether caused by the negligence of Ashford Model Supply Centre, its employees or agents or otherwise incurred by the Purchaser arising out of or in connection with the design, manufacture, supply or use of the Equipment.
In respect of equipment purchased for the purpose of construction such as a product sold as ARTF or ARF or products in component format. Ashford Model Supply Centre shall not be liable in any respect and the Purchaser understands that the product requires some construction skill to complete and may require some alteration and adjustment to achieve completion and final use. Manufacturer’s liability ceases at the commencement of construction and no guarantees are offered or implied regardless of nature. Other components are usually required in addition to the supplied product. The buyer accepts these liabilities by commencing construction of the product.
Ashford Model Supply Centre shall use all reasonable endeavours to assign to the Purchaser the benefit of any guarantee, condition or warranty which may expressly or by implication have been given to Ashford Model Supply Centre by the manufacturer or any other supplier of the Equipment to the extent to which the same may be capable of assignment. The Purchaser agrees to complete and return to the manufacturer or other supplier of the Equipment such registration card or other documentation as the manufacturer or other supplier may require in order to gain the benefit of such guarantee, condition or warranty.
Ashford Model Supply Centre shall not be liable to the Purchaser for any claims, liabilities, damages, losses or expenses incurred by the Purchaser resulting from any negligence on the part of Ashford Model Supply Centre or its employees or agents in connection with the design, manufacture, supply or use of the Equipment except where such negligence results in death or personal injury or where such negligence results in damage to property (where Ashford Model Supply Centre's liability will be limited to £1,000,000 per incident).
Neither Ashford Model Supply Centre nor any of our employees, or agents give any guarantee that the Equipment, services and access to them will be continuous, uninterrupted or secure nor that the operation of the website will not be interfered with by circumstances outside our control. The website, Equipment and our services are provided “as is” and as and when available, and to the extent permissible by law Ashford Model Supply Centre exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
Neither Ashford Model Supply Centre nor any of our employees, or agents will be liable for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special indirect or consequential damages (however arising, including negligence) arising out of or in connection with our Equipment and or services or the website.
Ashford Model Supply Centre’s liability to the Purchaser or any third party, and the liability of our employees and agents shall in all circumstance be limited to the gross price of the Equipment (only) paid to Ashford Model Supply Centre.
In the event that you have any right, claim or action against any other Purchaser arising from that Purchaser’s use of the website, you agree to pursue such a right, claim or action independently of and without recourse to Ashford Model Supply Centre, and you release Ashford Model Supply Centre (and our employees and agents) from all claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in any way connected with such right, claim or action.
INDEMNITY
You agree to indemnify Ashford Model Supply Centre and our employees and agents fully and effectively against any claim, costs or demand, including legal fees, made by any third party due to or arising out of the Purchaser's breach of these Terms and Conditions.
RETURNS AUTHORISATION PROCEDURE
Any equipment returned to Ashford Model Supply Centre by a Purchaser must have a Returns Authorisation Number regardless of the reason for its return. Ashford Model Supply Centre shall reject any delivery of returned equipment which does not have a valid Returns Authorisation Number.
To obtain a Returns Authorisation Number the Purchaser shall contact the Services Department of Ashford Model Supply Centre which in the first instance will try to resolve the relevant query over the telephone and will require the following information:
· Equipment make and type
· Serial Number
· Full description of the problem
· Ashford Model Supply Centre Invoice number.
In the event of the Services Department being unsuccessful in resolving the query they will then issue a Returns Authorisation Number. When returning Equipment the Purchaser shall ensure that the Returns Authorisation Number is clearly marked on the outside of the packaging.
Equipment can only be returned in approved suppliers packaging. Failure to comply with this may void any warranty. Dispatch of the equipment to Ashford Model Supply Centre is the Purchaser’s responsibility.
For Equipment returned to the Purchaser under warranty the Purchaser will not incur shipping charges for the return of the Equipment to the Purchaser if delivery is within UK mainland only.
For Equipment to be returned to the Purchaser outside of UK mainland and or without warranty the Purchaser shall incur shipping charges to be paid prior to delivery.
Should the goods be received on return to Ashford Model Supply Centre in an unacceptable condition, broken or in a condition where it's primary function is no longer possible then the warranty will bee deemed void and the Purchaser will be required to pay any further transit costs.
Returns without cause, not found to be faulty or found necessary for Ashford Model Supply Centre to have to replace the original packaging are subject to a 20% restocking charge.
Chargeable repairs must be paid by the Purchaser before release/dispatch of the Equipment from Ashford Model Supply Centre unless it is previously agreed in writing to charge it to the Purchaser’s account.
RETURNED EQUIPMENT FOR CREDIT
Any items returned for credit must have prior authorisation from the Services Department of Ashford Model Supply Centre. Failure to have authorisation will result in Ashford Model Supply Centre refusing to accept delivery. No one other than the Service Department is permitted to give such authorisation.
EXPORT OUTSIDE THE UNITED KINGDOM
Where the Purchaser intends to export the Equipment outside the United Kingdom, the Purchaser undertakes to make any necessary application and obtain any United Kingdom Export License and any import licence to any country outside the United Kingdom required in respect of the Equipment.
The Purchaser hereby undertakes that it will make any necessary application for and will obtain any necessary authorisation, re-export licenses required under any state laws or regulation in respect of the export of the equipment to any country outside the United Kingdom.
DATA PROTECTION
Personal data shall only be recorded and processed if the purchaser passes on such information voluntarily within the context of the order or when opening a sales account.
Without the express consent of the purchaser Ashford Model Supply Centre shall only use the data provided by the purchaser to fulfil and process the order. After complete processing of the order and payment in full of the purchase price the purchaser's data shall be blocked for all further purposes and deleted on expiry of tax and commercial law requirements provided that further use of the data was expressly not consented to.
TERMINATION
Ashford Model Supply Centre may by notice to the Purchaser cancel all or any part of any contract or order forthwith in the event that the Purchaser is in breach of any of these Terms and Conditions or the Purchaser (if an individual) becomes bankrupt or makes any composition or arrangement with his creditors or (being a company) goes into liquidation, either voluntarily or compulsorily, has a receiver or administrative receiver appointed over all or any part of its assets or undertaking, becomes subject to an administration order or makes or see Ashford Model Supply Centre to make any composition or arrangement with its creditors or proposes any voluntary arrangement under section 1 of the Insolvency Act 1986.
Termination of any contract in any manner whatsoever shall be without prejudice to the rights of Ashford Model Supply Centre accrued as at the date of such termination.
FORCE MAJEURE
Neither of the parties shall be liable to the other in respect of any claim arising under any contract where the same arises by reason of any act or cause beyond the reasonable control of such party.
WAIVER OF BREACH
Ashford Model Supply Centre shall not be prejudiced or restricted in any way by any indulgence or forbearance extended to the Purchaser and no waiver by Ashford Model Supply Centre in respect of any breach by the Purchaser shall operate as a waiver in respect of any subsequent breach.
ASSIGNMENT
Any contract between Ashford Model Supply Centre and the Purchaser is personal to the Purchaser and shall not be capable of assignment by the Purchaser to any third party without the prior written consent of Ashford Model Supply Centre.
ENTIRE AGREEMENT
These Terms and Conditions shall constitute the entire agreement between Ashford Model Supply Centre and the Purchaser. All previous terms and conditions of Ashford Model Supply Centre are hereby superseded and excluded from any contract unless expressly agreed in writing by Ashford Model Supply Centre.
GOVERNING LAW
These Terms and Conditions and any contract between Ashford Model Supply Centre and the Purchaser incorporating the same shall be governed by and construed exclusively in accordance with English law and the parties hereby agree to submit any dispute arising therefrom to the exclusive jurisdiction of the English Courts.
CANCELLATION BY THE PURCHASER
In the event the Purchaser wishes to cancel any order placed via any one of the Ashford Model Supply Centre internet sites, the Purchaser must in the first instance notify Ashford Model Supply Centre without delay. If the equipment has been dispatched or released to the Purchasers chosen courier service the cancelation will be acknowledged in the same manner as if it were a return without cause. If the cancelation is due to Ashford Model Supply Centre having to place a product on back order then a return email following notification will be sufficient.
