Terms & Conditions of Sale

1 Definitions

1.1 The "Buyer" means the Account Applicant or person who buys or agrees to buy Goods from the Seller.
1.2 The "Seller" means Direct Assembly Solutions Limited. Company Registration Number 5073518
1.3 "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.

2 Conditions

2.1 These "Terms and Conditions" do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or
communication from the Buyer.
2.3 If any amendments to these terms and conditions are required, acceptance must be confirmed in writing by the Seller, or will be deemed not to apply.
2.4 Where Special Conditions are applicable, these will appear as appendages to our quotation or form of acceptance.
2.5 Placement of purchase order with the Seller (whether written or verbal) shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
2.6 If the buyer's official order forms contain special printed conditions, such conditions are binding only insofar as they are not at variance with the
terms and conditions mentioned above.

3 Prices

3.1 The Price shall be that on the Seller’s quotation, current price list, or if applicable, web site
3.2 Should a product's price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order
3.3 All Prices are exclusive of VAT and charges for packing, postage and Carriage (plus VAT) which shall be paid in addition.
3.4 VAT will be charged at the prevailing rate
3.5 In the case of consumer sales, payment must be made in full before dispatch of any Goods.
3.6 In the case of other sales, payment is due in full on the terms of credit agreed

4 Payment

4.1 It is a condition for all cases of sales on credit that the Seller will require the Buyer to complete a Credit Account Application form, from which
references will be taken up before credit is given
4.2 Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or
to delay delivery until paid.
4.3 All payments are to be made payable to ‘Direct Assembly Solutions Limited’.
4.4 Payment Methods include cash, BACS, electronic bank transfers, and cheques.
4.5 When making payment to the Seller by cheque the Buyer must allow time prior to receipt of goods for the cheque to clear.
4.6 The Seller reserves the right to charge the Buyer for any bank charges incurred if a cheque payment is dishonoured, plus an administration fee of £25.00
4.7 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 2% above National
Westminster Bank PLC base lending rate for the time being in force per calendar month.
4.8 The Seller reserves the right to claim compensation for any debt-recovery costs incurred.
4.9 The Seller does not agree to any terms imposed by the Buyer that remove the Seller''''''''''''''''s right to claim late payment interest or compensation.
4.10 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these
Conditions shall become immediately due and payable

5 Warranty and Liability

5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
5.2 Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or
terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded
and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
5.3 While every effort is made to ensure that the 3rd party material specifications are accurate, manufacturers do change their products from time to
time. The Seller makes no Warranty for the accuracy or suitability of 3rd party materials used in construction
5.4 Every effort is made to ensure the accuracy in content of all forms of communications between the Buyer and the Seller. The Seller gives no warranty
for any inaccuracies in its communications with the Buyer, and accepts no liability for them.
5.5 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.

6 Delivery

6.1 Products supplied within the UK will normally be delivered within 20 working days of receipt of order.
6.2 Where a specific delivery date has been agreed, and if this delivery is exceeded by more than 5 working days the Buyer will be given the option to
agree a new delivery date or cancel the order.
6.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable
for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to
meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7 Ownership and Risk

7.1 If the Buyer requires delivery of goods, it will be arranged by the Seller and be subject to these terms.
7.2 The Seller will make every effort to meet delivery dates, but offers no warranty and accepts no liability for loss or damage incurred due to delays in
7.3 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s
premises at the Buyer’s request.
7.4 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
7.5 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within a 5 working days of delivery if the Goods are damaged
or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
7.6 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the
Buyer’s risk and either
7.6.1 retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or
7.6.2 at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact
7.7 Unless varied in writing, tooling remains the property of the Seller at all times. This includes tooling for which a "tooling charge" has been presented
to the Buyer. Where ownership of tooling has been passed to the Buyer this will be confirmed in writing and a "Tooling Ownership Certificate"
presented to the Buyer.
7.8 Tooling, regardless of ownership, will be kept for 12 months after last order date and then may be disposed of as the Seller sees fit. Where the Buyer
has had ownership of tooling passed over, every effort will be made to advise when tooling is likely to be disposed of.

8 Cancellation and Returns

8.1 If it is agreed that the goods are to be returned :-
8.1.1 a Goods Return number obtained from the Seller must be clearly shown on the returned parcels.
8.1.2 the Buyer will be liable cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the
Goods being inadequately packaged by the Buyer or through the Buyer’s fault.
8.1.3 the Seller reserves the right to make a handling and restocking charge of up to 75% on Goods which are returned if they were ordered in error or are no longer required. If the goods are faulty or being returned under clause 8.2 then the restocking charge will not apply.
8.2 If you are a consumer you have the right, in addition to your other rights, to cancel your contract with Direct Assembly Solutions Limited and receive a refund. You must contact us and inform us in writing of your desire to cancel your contract within 7 working days of receipt of the relevant product(s).
You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey.
8.3 Should the Buyer wish to cancel an Order, Contract, or Agreement with the Seller, they will be billed for all costs incurred under the Order, Contract, or Agreement including the Seller’s time spent on the Order, Contract, or Agreement.

9 Force Majeure

9.1 In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.

10 No Waiver

10.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

11 Complaints

11.1 If you have a complaint about our service or any goods or services you purchase from Direct Assembly Solutions Limited then please contact us
immediately. You will be contacted as soon as possible and definitely within 24 hours of our hearing from you and aim to provide a resolution within
5 working days.
11.2 All complaints will be dealt with in a fair and confidential manner.
12 Data Protection
12.1 Any Customer data or information that is held on the Seller’s computer systems will be treated as private and strictly confidential.
12.2 The Buyer accepts that any email transmissions or electronic data passed over the Internet or available via a web site, subject to online security threats. The Seller will not be liable for any losses, information leaks or corruption due to online Internet threats.

13 Misc

13.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.

Direct Assembly Solutions Limited
3 Exe Units,
Cofton Road,
Marsh Barton,