Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions (Conditions) on which we supply any of the goods (Goods) listed on our website https://ampwire.co.uk(our site) to the customer (you).
It is important to read and understand these Conditions before placing your order.
You must accept these Conditions prior to submitting your order and they and the documents and policies referred to in them will form part of the Contract between us.

If Conditions are stated to apply to ‘Consumers’ then they will only apply to Consumers and not to ‘Business Customers’ (as such terms are defined below). If Conditions are stated to apply to Business Customers then they will only apply to Business Customers and not to Consumers. If no distinction is made then the Condition apples to both Consumers and Business Customers.

• INFORMATION ABOUT US
  • ampwire.co.uk is a website operated by AMP Wire Limited (we OR us). We are registered in England and Wales under company number 3633177 with our registered office and main trading address at Sun Iron Works, Ward Street, Chadderton, Oldham, OL9 9EX. Our VAT number is 786 3226 05.
• SERVICE AVAILABILITY
  
  • Whilst we endeavour to ensure that our site is available 24 hours a day for 7 days per week, we shall not be liable if for any reason our site is unavailable at any time or for any period.
  • Access to our site may be suspended temporarily and without notice in any instance of system failure, maintenance or repair, or for reasons beyond our control.
  • Responsibility for the security of any password issued to you rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
  • By using our site you agree to our Website Terms of Use accessible here https://ampwire.co.uk/website-terms-use/
  • We do not warrant that any Goods advertised for sale on our site are appropriate or available for use outside the United Kingdom. It is prohibited to access our site from territories where its contents are illegal or unlawful. If you access this site from a location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
• YOUR STATUS
  • By placing an order with us, you confirm that you are legally capable of entering into binding contracts; and
  • If you are a Business Customer, you confirm that you have authority to bind any business on whose behalf you purchase Goods from us.
  • If you are a Consumer you may only purchase Goods from our site if you are at least 18 years old.
• HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
  • You will have an opportunity to check and correct any input errors in your order up until you submit your order. After you submit your order we will give you an Order Reference Number and details of the Goods you have ordered. You will receive confirmation by email. Please keep this for your records as this is your VAT receipt. We may then send you an email telling you whether the Goods are in stock and advising you of an estimated delivery date. Please note that this does not mean that your order has been accepted.
  • Your order constitutes an offer to us to buy Goods subject to these Conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail acceptance (Acceptance). In the case of Goods that are in stock this will be the email that confirms that the Goods have been dispatched (the Dispatch Confirmation) or for Goods which have yet to be manufactured, this will be an email confirming the manufacture has started (the Order Confirmation) and giving an estimated delivery date. The contract between us (Contract) will only be formed when we send you the Acceptance.
  • Any quotation is given on the basis that no Contract shall come into existence until we accept your order in accordance with the provisions of condition 4.2. Any quotation is valid for a period of 30 days only from its date, provided that we have not previously withdrawn it. The placing of an order following any quotation or other indication of price and delivery shall not be binding on us unless and until we send you an Acceptance.
  • When deciding whether or not to accept your order we may use certain information about you, including any information received from credit reference agency checks. In particular, we may pass your details to a third party credit reference agency for them to check against certain public and private databases. They may keep a record to use in future security checks. This helps to protect you and us against fraudulent transactions. We process personal data in accordance with our Privacy Policy accessible here ampwire.co.uk/privacy/
  • We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method or suggest that you telephone us direct for further instructions.
  • We reserve the right to refuse access to our site, to remove or edit content, or to refuse or cancel orders at our discretion. If we cancel an order, it will be without charge to you, and we will reimburse any payment made by you.
  • The Contract will relate only to those Goods whose dispatch we have confirmed in the Acceptance. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
  • These Conditions and any documents or policies or terms referred to in them will be incorporated in the Contract to the exclusion of all other terms and conditions.
  •  You will provide us with all information, co-operation and support that may reasonably be required to enable us to carry out our obligations to you
• THE GOODS
  • We have a legal duty to provide to Consumers Goods that are in conformity with this Contract. Nothing in this Contract will affect your legal rights.
  • All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s website, catalogues or brochures or otherwise issued by the Company are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. Although we make every effort to be as accurate as possible, they shall not form part of the Contract and this is not a sale by sample.
  • Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part, subject to condition 6.If we are making the Goods to your specification or in accordance with your measurements, or if we require information from you in order to supply the Goods, you are responsible for ensuring that such specification, measurements or information is complete and correct and provided within a reasonable time.
  • if you wish to make a change to the Goods you have ordered please let us know. We will inform you if it is possible and of any changes to the price or delivery details as a result of the change requested. We will ask you to confirm if you want to proceed with the change. We are under no obligation to accept any change to the Contract requested by you and no such request shall be deemed to be accepted unless we confirm acceptance of it in writing.
  • We may make minor changes to Goods to address legal or regulatory requirements or to implement technical adjustments and improvements. Such changes will not affect your use of the Goods and will not affect the Contract.
  • If we need to make significant changes to Goods you have ordered we will notify you and you will have the option to change or cancel your order.
  • If we suspend supply of Goods indefinitely we will notify you and you will have the option to change or cancel your order.
  • We will use reasonable endeavours to transfer to you the benefit of any manufacturer’s warranty or guarantee given to us. For Goods which do not have a manufacturer’s guarantee, we provide a warranty that:
    • on delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
    • for a period of 2 years from delivery, the Goods shall be free from material defects;
    • if you have made it expressly known to us in your order that the Goods shall be suitable for a particular purpose and we have expressly stated in the Acceptance that we will supply Goods suitable for that purpose, then the Goods shall be reasonably fit for the purpose so stated,
• However, this warranty does not apply in the circumstances described in condition 5.10.
  • The warranty in condition 5.9 does not apply:
    • to any defect in the Goods arising from fair wear and tear;
    • to any defect in the Goods arising from wilful damage, abnormal storage or working conditions, accident, misuse or negligence by you or by any third party;
    • if you fail to install, operate, use or care for the Goods in accordance with the user instructions;
    • to any defect in the Goods arising from any breach by you of these terms and conditions;
    • to any defect in the Goods arising from any alteration or repair by you or by a third party who is not one of our authorised repairers;
    • to any defect in the Goods arising from any specification provided by you;
    • if you make any further use of any Goods which you have alleged to be defective after giving notice to us of any such defect;
    • if the defect relates to any work which is external to the Goods, or arises by virtue of any act or omission of yours relating to the operation of the Goods, or through transportation or relocation of the Goods not performed by, for or on behalf of us, or by subjecting the Goods to any unusual physical or other stress or adverse environmental conditions, or by use of the Goods in excess of any performance or load-bearing specifications recommended or otherwise stated by us;
    • the full price for the Goods has not been paid by the time for payment stipulated in condition 9; or
    • the defect is of a type specifically excluded by us by notice in writing,
  • If upon investigation, we reasonably determine that any defect or deficiency in, or malfunction or shortage or failure to correspond to specification of the Goods is a result of, or is excused by, any of the matters referred to in condition 5.10, you shall be liable for all costs reasonably incurred by us in investigating the same and determining the cause.
  • Our liability pursuant to condition 5.9 and subject to condition 5.10 shall be limited to the replacement of any part of the Goods found to be defective and notified to us within the period set forth in condition 5.13 (or, if the claim is on any manufacturer’s warranty, within the relevant manufacturer’s warranty period).
  • Any defect or deficiency in, or malfunction or shortage or failure to correspond to specification of the Goods must be notified to us within 3 days of the time when you discover or ought to have discovered the defect or deficiency, or malfunction or shortage or failure to correspond to specification, as applicable; otherwise, the Goods shall be deemed to be satisfactory and a charge will be made for additional rectification work. Any claim for damage to or loss of the Goods occurring whilst in transit must be referred to the carrier.
  • Subject to and without limiting the generality of any of the provisions of this Condition 5, additional individual guarantees may apply to certain Goods. The terms of any such guarantee (including the guarantee period) may be obtained from us upon request.
  • If you are a Consumer, the warranty in condition 5.9 is in addition to, and neither it nor its limitations affect, your legal rights in relation to Goods that are faulty or not as described.
• CONSUMER RIGHT TO CANCEL
  • This clause 6 relates to Consumers only.
  • For the purposes of these Conditions, you shall be contracting as a Consumer if you are purchasing Goods for domestic or private use only and not acting for the purposes of your business, trade or profession. All other customers shall be contracting as Business Customers.
  • If you are contracting as a Consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Goods and you will receive a full refund of the price paid for the Goods subject to the terms of our refunds policy (set out in clause 10 below). This right of cancellation does not apply to any Goods which are personalised, customised or made to order or to your specification.
  • You can always end your Contract with us if what you have bought is faulty or misdescribed or if you do not agree with a change in the Goods or an error in the price or description or a delay in delivery we have notified you about or if we have suspended supply or if you have a legal right to end the Contract because of something we have done wrong.
    • We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms and conditions will affect your legal rights.
  • To cancel a Contract if you change your mind, you can complete the online cancellation form [Cancellation Form] on our website. Alternatively you may use a paper copy of the form [Cancellation Form] and email it to info@ampwire.co.uk or by post to Sun Iron Works, Ward Street, Chadderton, Oldham, OL9 9EX and you must return the Goods to us, at your own cost and risk, within 14 days of informing us you want to cancel.
• AVAILABILITY, DELIVERY AND TERMS AND CONDITIONS OF CARRIAGE
  • All Goods are offered subject to availability. If something becomes unavailable, we may offer you an alternative or suggest that you telephone us for further advice.
  • Your order will be fulfilled by the delivery date set out in the Acceptance or, if no delivery date is specified, then within 30 days if you are contracting as a Consumer, or within a reasonable time of the date of the Acceptance if you are contracting as a Business Customer.
  • The prices listed on our site exclude delivery. A fee for delivery to mainland United Kingdom only (excluding the Scottish Highlands) will be added during the checkout process. A further charge will be payable for all other destinations, this includes Channel Islands, Northern Ireland, Isle of Man, Isle of Wight and the Scottish Highlands. Additional charges may be made for compliance with delivery restrictions such as difficult access or unreasonable delivery times. Please call or email us at info@ampwire.co.uk for prices .
  • All deliveries must be signed for. Please keep the receipt enclosed with your Goods.
  • Most Goods are delivered by courier or by post, depending on their size and value. For all Goods you will be asked or told about delivery dates as part of the order process.
  • Very occasionally different Goods from the same order may be delivered separately. Each delivery shall be paid for in accordance with the terms of this Contract and/or the Credit Account Terms and Conditions, if applicable. Each instalment shall be a separate contract. No cancellation or termination of any one contract relating to an instalment shall entitle you to cancel any other contract or instalment.
  • Deliveries will be made to the delivery address given at the time of order or if none, to your place of business. Please inform us before placing your order if there are any delivery restrictions. If you do not do so then we will not be responsible for any non-compliance.
  • You are responsible for providing at your own expense any appropriate equipment or manual labour required for unloading the Goods.
  • Delivery times are calculated in working days – i.e. Monday to Friday inclusive (but excluding bank and public holidays). Delivery may occur at any time on any particular working day.
  • If we are sending your Goods by post or courier, we will send you a dispatch notification by email to let you know the Goods have left our premises. Standard courier deliveries are usually made between 8am and 6pm Monday to Friday, when delivering to residential addresses we use a home network that can deliver up to 9pm Monday to Saturday. If you are out when the courier arrives, the courier will leave a card with a contact number for you to call. If you do not rearrange delivery then after a reasonable period we may charge storage costs or additional delivery charges or we may end the Contract and Condition 11 will apply.
  • We do everything we can to meet the delivery times specified. However, occasionally delivery times may be affected by various factors and therefore they cannot be guaranteed. We will inform you if we become aware of an unexpected delay and we will take reasonable steps to minimise the delay.
  • Estimated delivery times may take longer for deliveries beyond mainland United Kingdom.
  • Our prices do not include installation. If you wish to arrange for the Goods to be installed following delivery, please call us for prices. Installation will be subject to additional terms.
  • Our Terms and Conditions of Carriage, which describe the steps to be taken by you in relation to any order for which any Goods are missing, damaged, defective or incorrect, are set out in Conditions 7.14 – 7.18, below.
  • We aim to supply all Goods to you at the highest level of quality and in the same condition that the Goods are in when they leave our factory. All Goods are carefully packed to reach you in perfect condition.
  • You must establish the condition of the Goods delivered UPON ARRIVAL. Should you be at all dissatisfied with the condition of the Goods on arrival, DO NOT SIGN FOR THE GOODS AND DO NOT ACCEPT DELIVERY; you must make a written comment on the delivery paperwork and must not sign any paperwork that states that you have accepted the Goods in good condition. Please contact us immediately, if possible whilst the courier is still with you.
  • Evidence of damage must be sent to us as proof. For example, this can be photographic evidence such as mobile phone footage sent on to us via email.
  • If a carrier service is used for delivery, we cannot accept liability for Goods damaged in transit, if you the customer have signed for them on the carrier’s paperwork, subject to Condition 12.1.
  • Without prejudice to any of the provisions of these Terms and Conditions of Carriage, if we, acting reasonably, are satisfied (i) that the deficiency in the Goods would not have been reasonably apparent to you upon delivery of the Goods to you, or (ii) that the deficiency in the Goods only manifested itself following delivery of the Goods to you, then the provisions of Condition 10.3.2 will apply.
  • If you are a Business Customer and have requested installation services we will use reasonable endeavours to install on the date set out in the Acceptance with reasonable skill and care and subject to reasonable access being provided and full and accurate information being provided to us prior to installation in the installation questionnaire.
  • AMP Wire Ltd will not be able to refund orders or costs in the event of service interruptions or failures caused by events beyond AMP Wire’s control.
• RISK AND TITLE
  • The Goods will be your responsibility and risk from the time of delivery.
  • If and for any reason you fail to accept delivery of any of the Goods, or we are unable to deliver the Goods on time because you have not provided appropriate instructions, documents, licences or authorisations, we will charge you an abortive delivery charge and:
    • responsibility for and risk in the Goods shall pass to you (including for loss or damage caused by our negligence);
    • the Goods shall be deemed to have been delivered.
    • we may store the Goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance); or
    • sell the Goods at the best price readily obtainable and (after deducting any reasonable costs and expenses in connection with the storage and expedited sale of the Goods), charge you for any shortfall below the price for the Goods; and
    • we may charge a charge for redelivery of the Goods, together with a holding fee for the prior holding of the Goods at our premises; or
    • any carrier charges for redelivery to you or to us.
  • Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, (including carriage charges, where applicable).
  • If you are contracting as a Business Customer, ownership of the Goods will only pass to you upon:
    • our receipt of the sums detailed in Condition 8.3 above, and
    • all other sums which are or which become due to us from you on any account.
  • Until ownership of the Goods has passed to you, if you are contracting as a Business Customer, you must:
    • Store the Goods (at no cost to us) separately from all your other goods and any goods of any third party in such a way that they remain identifiable as our property;
    • Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the  Goods in satisfactory condition and keep it insured on our behalf for the full price of the Goods against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us; and
    • Hold the proceeds of the insurance referred to in condition 8.3.2 on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
  • If you are contracting as a Business Customer, your right to possession of the Goods shall terminate immediately, if any of the circumstances in clause 11 arises.
• PRICE AND PAYMENT
  • Prices for the Goods, however given, are based on conditions ruling on the date of their giving and are subject to change. The effective price for the Goods shall be the price confirmed by us in the Acceptance pursuant to condition 4.2, subject to condition 6 and 9.5.
  • All prices on our site are indicative and in UK pounds sterling, they exclude VAT and exclude delivery charges. The final indicative price including delivery to mainland United Kingdom and VAT is shown in your Shopping Basket.
  • The total cost of your order will be the price of the Goods you order, plus delivery charges, plus VAT. All this will be set out clearly in your Shopping Basket before you submit your order.
  • Prices are liable to change at any time, to reflect any increase in the cost due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, any increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by you, or any delay caused by any instructions from you or your failure of to give us adequate, accurate or complete information or instructions. Changes will not affect orders in respect of which we have already sent you an Acceptance .
  • Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you.  If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or cancel your order and notify you of such cancellation.
  • We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
  • Payment for Goods will be made at the time or order, subject to condition 9.8, by credit or debit card or PayPal, unless as a Business Customer you have an approved trade account open with AMP Wire ltd. We accept payment with MasterCard, Visa, Delta, PayPal and Switch.
  • If you are a Business Customer and you have a Credit Account Agreement with us, we shall be entitled to invoice you for the price of the Goods on or at any time after acceptance of your order. Payment shall be made in accordance with the terms of your Credit Account Agreement.
  • If you are a Business Customer and you do not make any payment to us by the due date we may:
    • charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount;
    • suspend any warranty for the Goods or any other goods supplied by us whether or not they have been paid for;
    • appropriate any payment made by you to such of the Goods as we may think fit;
    • set off any amount owed by us to you against any amount owed by you to us on any account whatsoever;
    • terminate the Contract, or suspend or cancel any future delivery of Goods;
    • cancel any discount (if any) offered to you; and
    • if you have a Credit Account Agreement with us, withdraw or reduce your credit limit or bring forward the due date for payment without notice; and
    • we reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
• OUR REFUNDS POLICY
  • If you are contracting as a Consumer, when you return Goods to us:
    • and you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 6.1 above) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
    • we will pay the costs of return if the Goods are faulty or misdescribed or if you are ending the Contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. The maximum we will refund for return delivery costs will be the costs of delivery by the least expensive delivery method we offer even if you choose to return the Goods by a more expensive method of delivery.
  • Any refunds due to you will be by the method you used for payment, but we may make deductions as set out in Condition 10.1.2. We will make the refund as soon as possible and if you are a Consumer exercising your right to change your mind, within 14 days of us receiving the Goods.
  • When you return Goods to us for any other reason, returns will be subject to the following process:
    • Returns of any non-faulty Goods by Business Customers under this Condition 10.3.1 shall only be refunded or replaced without charge if you contact us in writing within 7 days of receipt of the Goods, informing us of your wish to return them and thereafter follow the procedure for returning the Goods which will be notified to you by us. Without limitation, you must take reasonable care of any Goods in your possession and any Goods must be returned in the same condition in which you received them with all original packaging and at your own cost and risk; in addition, all returns will be subject to our consent and the payment of a 15% restocking charge and delivery and re-delivery charges. Any Goods which are personalised, customised or made to order or to your specification may not be returned unless the Goods are found to be damaged or defective;
    • Subject to our Terms and Conditions of Carriage, if as a Business Customer you wish to return Goods to us because they are damaged or defective, or do not materially conform to their specification, any such damage, defect or nonconformity must be notified to us as soon as possible, but in any event within 7 days of the date that you discovered or ought to have discovered the damage, defect or nonconformity and no further use of the Goods must be made following discovery of the damage, defect or nonconformity. We will examine the returned Goods and will notify you whether we will refund, repair or replace the Goods via e-mail within a reasonable period of time.  We will usually process a refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the damaged, defective or nonconforming Goods. Goods returned by you in accordance with this provision because of damage, defect or nonconformity will be repaired or replaced or refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
  • We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
  • You have a legal obligation to take reasonable care of the Goods while they are in your possession. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  • If you are a Business Customer who fails to take reasonable care of the Goods as set out in Condition 10.3 we may at our discretion refuse to refund or replace such Goods.
  • You must not make any improper use of, or make any unauthorised modifications or repairs to, the Goods, and you must otherwise take reasonable care to avoid any risk of damage occurring to the Goods by any means.
  • Notwithstanding the provisions of clause 12.1.1, unless otherwise agreed by us in writing in any particular instance, you shall be solely responsible for selecting Goods which are suitable for use with any application with which they are to be used.
• ENDING THE CONTRACT
  • If you are a Business Customer we may end the Contract if:
    • You commit a material breach of the Contract and fail to remedy that breach within 14 days of being asked to do so;
    • You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
    • You suffer or allow any execution, whether legal or equitable, to be levied on your property or be obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or you cease to trade, or you encumber or in any other way charge the Goods.
    • We have reasonable cause to believe that you are unable to pay your debts in which case we are under no obligation to supply the Goods to you if you have not already provided payment.
    • You do not within a reasonable time provide us with information that is necessary to make or deliver the Goods.
  • If you are a Consumer we may end the Contract if:
    • You do not within a reasonable time provide us with information that is necessary to make or deliver the Goods.
  • If any of the events in condition 11.1 or 11.2 occurs:
    • we may suspend delivery of the Goods.
  • you will pay us reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
  • On termination of the Contract you must pay to us immediately all of our outstanding invoices and interest.
  • Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.
  • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
• LIABILITY
  1. If you are contracting as a Consumer:
     1. We warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all of the purposes for which goods of the kind are commonly supplied; but
     2. We shall only be liable to you for:
        1. Losses that are caused as a result of any breach of Contract by us; and
        2. Losses that are caused as a result of our negligence.
     3. We shall not be liable for any loss pursuant to Condition 12.1.2 if:
        1. Any such loss is not foreseeable. Losses are foreseeable if they were obvious or we both knew it might happen at the time the Contract was formed; or
        2. Any such loss (or any part thereof) was caused by or contributed to by your breach of any of these Conditions;
        3. Any such loss is a business loss. The Goods are supplied for domestic and private use only.
  2. If you are contracting as a Business Customer:
     • All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.
     • Without limiting the generality of Condition 12.2.1, we shall not be liable to you if any monies due from you to us have not been paid in full.
     • Without prejudice to any of the provisions of this Condition 12.2, we shall have no liability to you for any:
       • Consequential losses;
       • Loss of profits and/or damage to goodwill;
       • Special damages and indirect losses;
       • Business interruption, loss of business, contracts and/or opportunity;
       • Inconvenience, delay or loss of production; and/or
       • Where installation services are provided:
         • Loss arising out of any inaccuracy or omission in information provided by you on the installation questionnaire; or
         • your failure to provide reasonable access to install; or
         • any circumstances which would have been reasonably discovered by a site survey where we have recommended a site survey and you have not carried one out.
     • Subject to the remainder of this Condition 12, our aggregate liability to you (whether for breach of Contract or for negligence or otherwise howsoever), for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed the price of the Goods purchased from us.
     • You shall fully indemnify and hold us harmless against any and all losses, damages and costs whatsoever arising from any breach of any of your obligations under any of these Conditions and/or the Contract, whether attributable to you, to your servants or agents, or to any subcontractors appointed by you.
  3. Whether you are a Consumer or a Business Customer:
     1. nothing in these Conditions shall exclude or limit in any way our liability:
        1. For death or personal injury caused by our negligence;
        2. Under section 2(3) of the Consumer Protection Act 1987;
        3. For fraud or fraudulent misrepresentation; or
        4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
     2. If any Goods are to be manufactured, ordered, designed, built, configured, altered, adapted, or subjected to any process by or on behalf of us for you, in each case in accordance with any documents, specification, design, instructions, plans, drawings, designs or other materials, and any data or other information provided by you relating to the Goods (Input Material) you will be responsible for any and all loss, damage, costs and expenses awarded against or incurred by us in connection with, or paid or agreed to be paid by, us in settlement of any claim:
        1. for infringement of any patent, copyright, design, trade mark or any other intellectual property right of any other person resulting from our use of any Input Material;
        2. that any Input Material, contravenes any applicable safety or other statutory or regulatory requirement; and
        3. that any Goods supplied in accordance with any Input Material are defective, insofar as the defect or alleged defect in the Goods is attributable to the design of the Goods.
• CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS:
• For Business Customers:
  • We each agree that in the course of supplying Goods to you, we may disclose to each other certain information which is marked confidential or which one might reasonably suppose is confidential (Confidential Information). The Customer and the Company agree that each party will maintain the Confidential Information’s confidentiality and not disseminate it to any third party without the disclosing party’s prior written consent, save that this obligation shall not apply to any Confidential Information that either party has a duty (whether legal or otherwise) to communicate or that is in the public domain or is already in the receiving party’s possession through no fault of the receiving party.
  • You acknowledge our ownership or use under licence of any design rights, utility models, patents, inventions, logos, business names, trademarks, domain names, copyright, moral rights, rights in databases, source codes, reports, drawings, specifications, know how, trade secrets, rights in software, rights in the nature of unfair competition and the right to sue for passing off and any other equivalent or similar rights to any of the foregoing in any jurisdiction, whether registered or unregistered (Intellectual Property Rights) in any documents, plans, drawings, designs or other materials, and any data or other information provided by us relating to the Goods and in any Goods supplied to you pursuant to the Contract and you agree not to contest our ownership or use of any such Intellectual Property Rights. Without limitation, you shall not acquire any such Intellectual Property Rights or any licence or grant of rights therein, nor shall you register or attempt or permit to be registered, any such Intellectual Property Rights or any licence or grant of rights therein. You further acknowledge that, without limitation, any and all Intellectual Property Rights developed by us in supplying any Goods shall become vested and shall vest in us absolutely and shall also be subject to the other provisions of this condition 13.2.

• WRITTEN COMMUNICATIONS
  1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Condition does not affect your statutory rights.
  2. If you have any questions or complaints about the Goods or the service you have received please contact us at info@ampwire.co.uk.
• NOTICES
  1. All notices given by you to us must be sent to info@ampwire.co.uk or sent by post to Sun Iron Works, Ward Street, Chadderton, Oldham, OL9 9EX. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Condition 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
• TRANSFER OF RIGHTS AND OBLIGATIONS
  1. Any Contract between you and us is binding on you and us and on our respective successors and assigns.
  2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
  3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
• EVENTS OUTSIDE OUR CONTROL
  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
  2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
     1. Strikes, lock-outs or other industrial action.
     2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
     3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
     4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
     5. Impossibility of the use of public or private telecommunications networks.
     6. The acts, decrees, legislation, regulations or restrictions of any government.
     7. inability or delay in obtaining Goods of adequate or suitable materials or failure or demise of any source of supply.
  3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

• WAIVER
  1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
  3. No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Condition 14 above.
• SEVERABILITY
  1. If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
• ENTIRE AGREEMENT
  1. These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
  2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
• INFORMATION APPEARING ON OUR SITE
  1. Commentary and other information, materials and/or images appearing on our site are not intended to be relied upon nor to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information by any visitor to our site, or by anyone who may be informed of any of its contents.
  2. We, our Group companies, our suppliers and our licensors own the copyright, trademarks and all other intellectual property rights in all material and content on our site, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use and only in accordance with our Website Terms of Use ampwire.co.uk/website-terms-use/
• OUR RIGHT TO VARY THESE CONDITIONS
  1. We have the right to revise and amend these Conditions from time to time.
  2. You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless we notify you of the change to those policies or these Conditions before we send you the Acceptance. If we notify you of changes to these Conditions and you do not agree to them, you can cancel your order.
• LAW AND JURISDICTION
  1. Contracts for the purchase of Goods through our site will be governed by English law.  Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
• GENERAL
  1. Your data protection rights and how we will use your personal information are set out in our Privacy Policy available here ampwire.co.uk/privicy
  2. Any other websites to which you link from our site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply.
  3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any third party in order to end the contract or make any changes to these terms
  4. We recommend that you print and keep a copy of these Conditions for future reference.