© Asfordby Storage & Haulage Ltd. 2021. All Rights Reserved.

Standard Conditions of Sale & Supply

1.    Asfordby Storage & Haulage Limited, Saxby Road, Melton Mowbray, Leicestershire, LE13 1BY, United Kingdom, registered in England and Wales under company number 690001, VAT number GB113703118. Asfordby Plant & Equipment is a registered trademark and brand of Asfordby Storage & Haulage Ltd (Trade Mark No: UK00003438863)

2.    These conditions of sale apply to the supply to the Customer of any goods offered for sale and ordered by the Customer either verbally, in writing or by any electronic means. All orders are subject to availability of goods. By ordering Goods, you agree to be bound by these conditions of sale. The conditions of sale, contents of the website and all held product inventory are subject to change or amendment by the Company at any time. The Company’s employees or agents are not authorised to make any representations, give any advice or make any recommendation concerning the goods unless confirmed by the Company in writing. By purchasing goods from the Company, the customer acknowledges that it does not rely on any such representations, advice or recommendations which are not confirmed in writing by the Company. Please also refer to clause 34.v of these Conditions in connection with Company representations. By purchasing goods, the Customer warrants that they have read and agreed to be bound by these conditions and warrants that they have the authority and capacity to make the purchase and bind both themselves as well as any employer or principal to honour any contract resulting therefrom.

Definitions

3.    In these Conditions:

i.  “the Company” means Asfordby Storage & Haulage Ltd (and its agents, employees and sub-contractors), trading as Asfordby Plant & Equipment, Saxby Road, Melton Mowbray, Leicestershire, LE13 1BY, United Kingdom, registered in England and Wales under company number 690001, VAT number GB113703118. Asfordby Plant & Equipment is a registered trademark and brand of Asfordby Storage & Haulage Ltd (Trade Mark No: UK000033438863)

ii.  “the Conditions” means the standard terms and conditions of sale set out in this document. These conditions of sale apply to the supply to the customer of any goods offered for sale by the Company. Please read these conditions before ordering any goods;

iii. “the Customer” means the person, firm, business or corporation who is entering into the contract for the sale of the goods;

iv. “Force Majeure Event” means any circumstance beyond the reasonable control of either party, whether affecting such party or its agents, subcontractors, or suppliers, including a strike, lockout, material shortage, utility outage, fire, flood, earthquake, severe weather, act of God, accident, trade sanction, embargo, act of war, national emergency, or new or changed law;

v. “Freight Forwarder” means a person or organisation nominated by the Customer to accept delivery of the Goods from the Company and to organise any onward shipment;

vi. “the Goods” means the Goods or Equipment offered for sale by the Company (including any instalment of the Goods and/or services or any parts for them);

vii. “HMRC” means Her Majesty’s Revenue and Customs Service;

viii. “IPR” means intellectual property rights (including without limitation any patent, copyright, design right, know how or trademark) whether or not registered or capable of registration;

ix. “Labour” means the workmanship supplied by the Company in the course of handling, modification, repair and/or service work carried out by the Company;

x. “Notice” shall mean notice in writing;

xi. “Order” means any form of written or verbal order confirmation from the Customer requesting Goods from the Company;

xii. “the Specification” means the specification for the Goods contained in the manufacturers’ technical literature relating to the Goods;

xiii. “Working Day” means any day other than Saturday or Sunday or Bank or Public Holiday.

General Provisions

4. No variation of these Conditions is to have any effect unless confirmed in writing by a Company Director.

5. These Conditions shall apply to the Supply of Goods contracts in so far as they are applicable to such contracts.

Health & Safety

6. The Goods are sold without user operating instructions and it is the responsibility of the Customer’s responsibility to ascertain and comply with these.

7. The Customer is solely responsible for providing at its own cost all safety equipment, including PPE (Personal Protective Equipment), and for fully equipping the Goods to meet the standards imposed pursuant to the Health and Safety at Work etc. Act 1974 in light of the Customer’s own working conditions, location of equipment and requirements, documented and communicated to the Customer’s employees and own customers.

Warranty

8.

i. No warranty or service guarantee or certificate of compliance is supplied by the Company, or on behalf of any third party organisation, in respect of the Goods. The Customer acknowledges that the Goods are “sold as seen”. The Company gives no guarantee as to the description, quantity, and quality, condition, suitability for use and licencing, undamaged history or the non-existence of apparent or hidden defects. The Customer, without prejudice to its right under clause 12 below, waives to the extent permissible by law all rights it may otherwise have against the Company in respect of the condition of, or any damage or other loss caused by such Goods.

ii. In the event that the Goods are “sold as seen” the Customer will be deemed to have satisfied itself as to the condition of the Goods prior to purchase, and is put on notice that the Goods may not necessarily comply with The Health & Safety at Work Act etc.1974, or with any other legislation applicable in England and Wales, or with any legislation applicable in any other legal jurisdiction governing their use: it is the Customer’s responsibility to take such action as is necessary to ensure that any subsequent use of the Goods after purchase does not contravene such legislation.

Specification

9.

i. It is for the Customer to satisfy themselves as to the Specification.

ii. It is the Customer’s responsibility to ensure that the Goods are fit for the Customer’s purpose and the Company shall have no responsibility to the Customer for any damages claims or expenses suffered by the Customer or any third party arising as a result of the failure of the Goods to be fit for the Customer’s purpose.

iii. The Company shall not be liable to the Customer for any failure of the Goods to accord with any recommendation of the Company made in good faith but not contained in the Specification.

10. The Company shall have the right to alter the specification of the Goods without prior reference to the Customer provided that any such alteration does not in the Company’s opinion materially alter the quality or performance of the Goods.

11. All drawing dimensions and weights provided by the Company are approximate, and the Company does not warrant or represent them to be correct.

12.

i. In the case of damaged Goods or shortage upon collection or non-conformity with order, written notice must be given by the Customer to the Company within two Working Days of collection, stating the Customer’s contact telephone number and e-mail address and specifying in reasonable detail the circumstances giving rise to the claim;

ii. In default of compliance with the foregoing provisions of this Clause the Customer shall not be entitled to refuse to take collection of the Goods or any part of them.

Time for Collection

13. Where a period is named for collection by the Customer or his agent and is not extended by mutual agreement in writing, then the Company reserves the right to require the Customer to collect within that period.

14. The Company reserves the right to provide for partial collections by the Customer or his agent.

15. Although the Company will use reasonable endeavours to provide for collection of Goods at the rate and at the time quoted for collection, it shall not be liable for any loss or damage arising from its failure to do so and time of collection shall not be of essence of this contract.

16. In the case of a Force Majeure Event delaying any collection, such collection may be wholly or partially suspended and the time of such suspension added to the original contract period.

Storage of a Customer’s Goods and/or Equipment

17. Customers storing or leaving their Goods at the Company’s premises do so at their own risk and indemnify the Company against any claim for loss or damage caused by their Goods including, but not limited to, any breach of health and safety regulations caused by such Goods. Hazardous, toxic, drugs or any dangerous or illegal Goods are not allowed to be stored under any circumstances. Customers not collecting Goods on the agreed collection date will be requested to collect them and unless the Goods are collected or a written agreement is reached to extend the storage arrangements within 14 days of the original agreed collection date, the Company will dispose of the Goods either by sale or by whatever means necessary. All costs incurred by the Company shall be borne by the Customer. Storage charges may be varied from time to time and are subject to increase. Please check with us for prevailing charges.

Liability and Indemnity

18. The Company shall not be liable to the Customer and the Customer shall indemnify the Company against all actions, costs, claims and demands made against the Company for any loss and damage including consequential loss, business interruption or damage caused:-

i. By failure of the Customer or its employees, servants, contractors or agents to observe the directions and advice given by the Company or to implement any appropriate safety procedures;
ii. By any defect arising out of the use of or in the quality of the Goods supplied or in the Goods not being fit for any purpose;
iii. By any defect or deficiency in the Goods where the failure of the Customer to comply with the conditions for acceptance and collection contained in Clauses 13 and 14 hereof has prevented a proper verification and proof of such defect or deficiency;
iv. By the use of any Goods otherwise than within the stated capacity as stated in the Specification, or by the Customer’s failure to maintain the Goods in accordance with the maintenance schedule of the OEM (Original Equipment Manufacturers);
v. By any defect arising from fair wear and tear, wilful damage, abnormal working conditions or alteration, adjustment, adaptation or repair by a party other than the Company.

Neither party shall have any liability to the other in respect of any failure to perform obligations as a result of a Force Majeure Event. Notwithstanding this, each party shall use reasonable endeavours to continue to perform, or resume performance of such obligations for the duration of the Force Majeure Event. Notwithstanding the provisions of Clause 16 above, if any Force Majeure Event continues for more than 3 months, either party may terminate the relevant Order on written notice without either party having any liability to the other.

19. The Company shall not be liable to the Customer for any indirect or consequential damages or loss, or any loss of profit, business, revenue or production arising from a defect in the Goods other than consequential loss following directly from death or personal injury arising as a result of the negligence of the Company or its employees or sub-contractors.

Export

20. All business transacted by the parties is subject to the export control regulations of, but not limited to, the United Kingdom, European Union and the United States of America. Supply of Goods is made in accordance with information supplied by the Customer at the time of despatch by the Company. Export, re-export, re-transfer or use of Goods contrary to these regulations is a criminal offence and is the Customer’s responsibility.

As a minimum, Goods must not be supplied to Cuba, Iran, North Korea, Sudan or Syria nor to a person or organisation appearing on a UK government recognised “denied parties list”, including for example Bank of England Terrorists lists, EU Sanctions and US Denied Parties Lists.

All Orders must stipulate the delivery address and ultimate destination of the Goods, along with the agreed form of Incoterms 2010. Where Orders are received from UK Customers who are using a Freight Forwarder, the Company must be informed in writing, prior to delivery of the Goods, of who is to be named as the exporter with HMRC. For Where a Freight Forwarder is involved, the Company does not give the Customer any approval or authority, express or implied, for the Company to be named as the exporter.

The Exporter Customer is responsible for adherence to custom regulations and export licencing procedures.

The Company reserves the right to delay despatch of Goods or terminate the sale contract entirely if it does not receive satisfactory evidence as to the identity of the exporter and the ultimate destination of the Goods.

Risk and Title to the Goods and passing of Property

21.

i. Risk of damage to or loss of the Goods shall pass to the Customer on receipt of full payment by the Company and at the time when the Company notifies the Customer that the Goods are available for collection or, if before, at the time that the Goods are collected by the Customer or its agent; or in the case of Goods to be delivered otherwise than at the Company’s premises, at the time the Goods leave the Company’s premises. Risk shall pass upon collection of the goods from the Company’s premises, whether by the customer itself of by a carrier nominated by the Customer.

ii. Notwithstanding delivering and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods and full legal and beneficial ownership of the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Company to the Customer for which payment is then due.

iii. Until such time as the property in the Goods passes to the Customer, the Customer shall not remove any nameplates, markings or signs affixed to the goods by the manufacturer or by the company and shall keep the Goods marked and apart from all other Goods.

iv. Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as the Company’s property.

v. Until such time as the property in the Goods passes to the Customer, the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where Goods are stored and repossess the Goods.

vi. The Company shall be entitled to immediate re-collection of the goods and to re-sell the Goods at any time after the due date for payment, or before such date in the case of the occurrence of any of the events referred to in clauses 25 and 29 hereof and for the purpose of such recovery and/or re-sale of the Goods, the Company shall be entitled to enter upon any premises of the customer or any third party where Goods are stored and repossess the goods.

vii. The Customer shall not be entitled to pledge, or change by way of security for any indebtedness, any of the Goods which remain the property of the Company, but if the Customer does so all monies owing to the Company shall, without prejudice to any other right of the Company, forthwith become payable.

viii. The Goods shall be supplied to the Customer on an “ex-works” basis, and the Customer is responsible for loading goods on collection, for all export procedures to include any licence requirements, for onward transport and for all costs arising of whatever nature after collection of the goods.

Insurance, Risk and Loss

22. The Customer is advised to insure the Goods before they leave the Company’s premises, as no claims for loss or damage will be entertained. Claims for any injuries or accidents caused by the Goods will also not be entertained.

Delivery of the Goods

23.

i. Delivery of the Goods shall be made by the Customer collecting the Goods at the Company’s premises at the agreed time or at any time after the Company has notified the Customer that the Goods are ready for collection.

ii. Any dates quoted by the Company for Goods delivery are approximate only, and the Company shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the contract unless previously agreed in writing. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.

iii. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these conditions of any one or more instalments shall not entitle the Customer to treat the contract as whole as repudiated.

iv. If the Company fails to deliver the Goods (or any instalment) for any reason other than any cause beyond the Company’s reasonable control or the Customer’s fault, and the Company is accordingly liable to the Customer, the Company’s liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to over and above the price of the Goods under the contract originally agreed with the Company.

v. If the Customer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Company’s fault) then, without prejudice to any other right or remedy available to the Company, the Company may either a) store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or b) sell the Goods at the best price readily obtainable and, (after deducting all reasonable storing and selling expenses), account to the Customer for the excess over the price under the contract, or charge the Customer for any shortfall below the price under the contract.

Terms of Payment

24.

i. Payment shall be net cash due:-
a) Prior to collection in the case of Goods;
b) Time of payment shall be of the essence of this Contract.

ii. If the Customer cannot collect when it has been notified that the Goods are ready for collection, then the time when the Goods are ready shall count as the collection date and payment shall be made accordingly unless otherwise agreed in writing.

iii. The Company shall be entitled to charge interest on overdue accounts at 4% above HSBC Bank plc base lending rate for the time being in force calculated at monthly rates.

iv. If any dispute connected with an invoice exists, the Customer may not withhold or delay payment of those elements of the invoice which are not in dispute.

v. The Company reserves the right to charge a fee in respect of any cancelled Order. Such fee shall be calculated at 15% of the value of the cancelled Order. The parties acknowledge that such fee is fair and reasonable estimate of the likely administrative, storage and re-marketing costs to be incurred by the Company arising from the cancellation.

25. If before collection is effected there arise reasonable grounds for the Company to believe that the Customer will not be able to make payment, the Company shall have the right to demand security for the payment or such other assurance as it may require. From the date of demand for security or other assurance until the date of satisfactory provision of this, the Company shall be under no obligation to implement any part of the Contract. If acceptable security or other assurance is not offered within such reasonable period as may be specified by the Company, the Company may terminate the contract without further liability, but the Customer shall be liable to the Company as a consequence of such termination.

26. The Company shall have a lien on all property of the Customer in the Company’s possession in respect of sums due from the Customer to the Company but unpaid. The Company shall be entitled on giving fourteen days’ notice in writing to the Customer to dispose of such property and to apply the proceeds to the reduction of the debt.

27. The Customer hereby waives any right which it may have against the Company to set off any sums which may be due to it for whatever reason and undertakes to pay the Company for the Goods in accordance with the terms of payment set out under Clause 24.

Customer Unable to Complete Payment

28. Customers unable to complete payment on the due date of payment will be notified and if no satisfactory written contact is received within 14 days, the company reserves the right to sell the goods. Any losses incurred will be charged to the Customer, including all costs of storage, security and insurance.

Termination of Contract

29. In the event that:-

i. The Customer commits any breach of these Conditions or unreasonably delays payment; or

ii. An incumbrancer takes possession, or a receiver is appointed over any of the Customer’s assets; or

iii. The Customer makes any voluntary arrangement with creditors or becomes subject to an administration order; or

iv. The Customer goes into liquidation; or

v. A winding up petition or bankruptcy petition is entered against the Customer; or

vi. Execution is levied against the property or assets of the Customer, or

vii. The Customer enters into an agreement with a third party where the Company has reason to believe they will be detrimentally affected;

viii. Anything analogous to the foregoing under the law of any jurisdiction occurs in relation to the Customer, then in any such case the Company shall have the right to terminate any contract then subsisting, upon written notice of such termination being posted to the Customer’s registered office or (being an individual) his last known address in the United Kingdom and the Contract shall be deemed to have been determined without prejudice to claim or right the Company may otherwise make.

Price

30.

i. All prices are subject to any validity period expressly stated, and thereafter may be subject to alteration by the Company without notice;

ii. All prices are exclusive of VAT which shall be charged by the Company where applicable at the then prevailing rate.

Shipping Overseas

31. Whilst the Company are happy to assist with shipping, we are not shippers and Customers are advised to satisfy themselves as to the requirements for shipping overseas. The Company is not liable for the default of carriers for late shipment or any other problems with shipping companies, shipping lines, bills of lading, duties, damages in transit or port, or any claim due to shipping overseas. . If the Company arranges shipping, the Company’s policy is to charge a Customer what the Company are charged plus an administration fee, plus any extra bills of lading or delivery charges.

Inspections for Goods Shipped Overseas

32. Equipment inspection for duty valuation is a requirement of some overseas countries. Whilst the Company will provide reasonable assistance in the formalities, it is the Customer’s entire responsibility to satisfy itself as to the specific requirements of the destination country. The Company does not accept responsibility for delay, expenses incurred or duty payable by the Customer. Customers should check with the relevant country’s customs authorities for details of formalities. The Company will make a small administration charge for any other expenses incurred in the inspections procedure.

Inspection of Equipment

33. Customers or their nominated professional body are allowed unlimited time and access to make inspections and tests as they see fit to satisfy themselves as to the condition and suitability of the Goods during the Company’s usual trading hours, at the expense of the Customer. The Customer’s attention is drawn to the requirements of The Health and Safety at Work etc. Act 1974. The Customer and their agent shall take all reasonable care during inspections to prevent damage or injury to the Company staff, property or other customers and visitors, and will indemnify the Company against any claims arising from their or their agent’s inspections of the Goods. Customers and their agents are on the Company’s premises at their own risk and shall take reasonable steps to ensure their own safety and will have no claim against the Company in the event that the Customer or its agent suffers any or damage as a result of the Customer or agent failing to take reasonable care.

Miscellaneous Terms and Conditions

34.

i. The Company is an independent wholesaler who is not sponsored, associated, approved, endorsed or affiliated with the manufacturers of Goods sold by the Company. The name, logo and trademarks of any other Goods referred to or sold by the Company are the trademarks of their respective holders. Any reference to trademarked names or other marks is for the purposes of reference only.

ii. The Customer hereby undertakes to ensure that any product purchased will only be used, moved or displayed by the Customer when the Customer has ensured that such use and/or movement and/or display is lawful and safe.

iii. It is expressly brought to the Customer’s attention that the time of sale, any item of plant machinery purchased may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other Act or Regulations thereunder governing the use of that plant machinery or equipment in a working environment. Customers purchasing any such plant machinery or equipment are required to ensure that the use of any such plant machinery or equipment does not contravene any such Act or Regulations which are applicable.

iv. It is brought to the Customer’s attention that certain types of plant or main service installations could contain dangerous chemicals or substances which if not handled correctly during their removal from site could be in breach of the Health and Safety at Work etc. Act 1974, Sections 2-9 and the Control of Substances Hazardous to Health Regulations 1988 (COSHH) or any other current legislation covering the use of such chemicals or substances in a working environment.

v. Customers should rely exclusively upon their own inspection of any goods and should not treat statements made in any sale particulars such as may be found on the Company’s website, or by an Officer of the Company either as representation by the Company or otherwise to be relied upon. Any sale is not a consumer sale and the Consumer Rights Act 2015 does not apply. No goods are warranted or held out to be merchantable or safe for use, or warranted or held out as complying with statutory requirements for use, display or movement by the Customer.

vi. The Customer shall be responsible for the removal of Goods for which they have paid in full. Such removal must be carried out safely and lawfully. Flame-cutting, the use of explosives or any other potentially hazardous process shall not be permissible at the Company premises without advance written consent from the Company. The Customer agrees to insure against and to indemnify the Company against any and all claims arising in respect of injury or damage to any person or property, caused by or in connection with the acts or omissions of the Customer, whether caused by the Customer, his servants or agents or his principals or employer. The Company may ask the Customer to provide a Risk Assessment and Method Statement prior to the removal of any goods. Such Risk Assessment and Method Statement must be approved by the Company prior to the commencement of the removal process.

Proper Law of Contract and Notices

35. These Conditions and any contract made in accordance with them will be subject to English Law and the Company and the Customer submit to the non-exclusive jurisdiction of the English courts. Any notice to be given in shall be sent by first class recorded delivery post or by air mail if overseas. The Company’s address for service is as stated in Clause 1 of these Conditions. The Customer’s address for service is its registered office or his address stated in the contract, or any other address for service previously notified by the Customer to the Company. A notice is deemed to have been served at the expiration of 48 hours or (in the case of air mail) 7 days after the envelope containing it is delivered into the custody of the postal authorities. Proof of service can be established by providing proof that the envelope containing the notice was properly addressed and delivered into the custody office of the postal authority as a prepaid first class recorded letter or air mail letter (as appropriate).

Rights of Third Parties

36. No persons other than the Company and the Customer shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Conditions. The Company and the Customer reserve the right to amend the contract without giving notice or requiring the consent of any third party.

Waiver

No waiver by the Company of any breach of the clauses of these Conditions by the Customer shall be considered a waiver of any subsequent breach of the same clause or any other clause. If any clause of these Conditions is held to be invalid or unenforceable in whole or in part, the validity of the other clauses of Conditions and the remainder of the clause shall not be affected.

Website Terms & Conditions

  1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    We sell and supply industrial power generation machinery and parts.  The machinery and parts are supplied by a range of manufacturers. We are an independent business and are not in any way affiliated with any manufacturer. If you purchase machinery and/or parts from us, that purchase will be subject to separate terms and conditions.

  1. Copyright notice

2.1    Copyright (c) 2019 Asfordby Storage & Haulage Ltd.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Licence to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser; and

(c)    print pages from our website, subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.4    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website, save to the extent expressly permitted by these terms and conditions.

3.5    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Downloadable content

4.1    We may from time to time make available on the website downloadable content (such as technical specifications).

4.2    In addition to the rights granted under Section 3.1 above, you may redistribute print and electronic copies of downloadable content within your business, organisation, company or group of companies, providing that copies of downloadable content must not be edited or amended in any way and must retain:

(a)    the name of our company;

(b)    any disclaimers, copyright notices and other legal notices; and

(c)    any authorial credits.

  1. Acceptable use

5.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)    violate the directives set out in the robots.txt file for our website; or

(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

  1. Information that you provide

6.1    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Limited warranties

7.1    ‌You acknowledge that we are not affiliated with any of the manufacturers of any goods that are advertised on our website.

7.2    We do not warrant or represent:

(a)    the completeness or accuracy of the product information and other information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

7.3    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

7.4    To the maximum extent permitted by applicable law and subject to Section 8.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

8.1    Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

8.2    The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions:

(a)    are subject to Section 8.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

8.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

8.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

8.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

8.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

8.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

8.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Breaches of these terms and conditions

9.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website; and/or

(f)    commence legal action against you, whether for breach of contract or otherwise.

9.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

  1. Third party websites

10.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

10.2  We have no control over third party websites and their contents, and subject to Section 8.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Variation

11.1  We may revise these terms and conditions from time to time.

11.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

  1. Assignment

12.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

12.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

13.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Entire agreement

14.1  Subject to Section 8.1, these terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

15.1  These terms and conditions shall be governed by and construed in accordance with English law.

15.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  1. Statutory and regulatory disclosures

16.1  We are members of the East Midlands Chamber of Commerce, the Freight Transport Association and the United Kingdom Warehousing Association.

16.2  Our VAT number is GB 113 703 118.

  1. Our details

17.1  This website is owned and operated by Asfordby Storage & Haulage Ltd.

17.2  We are registered in England and Wales under registration number 00690001, and our registered office is at Saxby Road, Melton Mowbray, Leicestershire, LE13 1BY, United Kingdom.

17.3  You can contact us:

(a)    by post, to the postal address given above;

(b)    using our website contact form;

(c)    by telephone, on the contact number published on our website from time to time; or

(d)    by email, using the email address published on our website from time to time.

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