Architectural Building fabrications Ltd Terms & Conditions 
 
This agreement is for the sale of goods and is entered as of the date signed below between Architectural Building Fabrications Ltd (the “Seller), and (the “Buyer”). 
 
The parties agree as follows: 

1. Sale of Goods:  

1.1 Pursuant to the terms and conditions of this Agreement, the Seller agrees to transfer ownership and deliver possession to the Buyer, and the Buyer shall pay for and accept from the Seller, the “Goods” listed at such prices as agreed by both parties.

1.2 Description of Goods Sold: The products supplied will be made to the buyers’ specification and within the agreed tolerances supplied. The seller accepts no responsibility for design of the Goods supplied.

2. Payment Terms:

2.1 Unless otherwise stated, the account terms are current month plus 30 Days from the date of the seller’s invoice. The Buyer shall be liable to pay a late payment fee of 12.5% if payment for goods exceeds specified number of days agreed.  

2.2 All outstanding monies on the account become due should legal proceedings be invoked for any reason.

3. Seller’s Representations:

3.1 The Seller hereby represents and warrants to the Buyer as follows:

3.2 The Seller has full right, power, and authority to sell the Goods

3.3 The Goods will be sold as described and the sale is made “AS IS”

4. Delivery of Goods/Shipping:

4.1 The Seller shall deliver the goods per the terms listed below:

4.2 Date of Delivery: All delivery dates quoted are approximate and can be liable to change. The Seller will accept no costs for delays.

4.3 Location of Delivery: The Seller shall deliver the Goods to the location specified by the Buyer. The Buyer shall provide a Delivery Address and site contact details.

4.4 Delivery Notice: The Seller will notify the Buyer of any delays that may affect the expected Delivery date.

4.5 Risk of Loss: The Seller assumes responsibility for the Goods, and all risk of damage, loss or delay of the Goods, until the Goods are to or collected by the Buyer. Once the Goods have been delivered to or collected by the Buyer, the Buyer assumes all responsibility for all risk of damage to such Goods.

4.6 The Buyer has the responsibility to Check that all Goods supplied are correct to the agreed specification prior to installation. The Seller will not be responsible for the costs of installation or de-installation of any Goods.

5. Refund & Cancellation Policy:

5.1 No Refund will be issued once the Goods are in production. Goods are bespoke to the Buyer’s specification. Any refunds agreed under these circumstances will be relevant to the costs incurred by the seller to date.

5.2 Refunds: The Seller shall repair or replace any unit or product or part of such Goods that prove to be defective. The Buyer will be assumed to have accepted the Goods unconditionally, unless a claim is made in writing reporting defective Goods within three working Days from the Goods being received and signed for.

5.3 Goods not as Described: Only Goods delivered in the following Condition will be considered not as described: Incorrect Finish, Poor Quality Finish outside of recognised industry standards, incorrect Size or Incorrect Materials used.

5.4 Warranty Policy: No Refunds will be provided for the Goods delivered as described in the contract. Goods delivered with finishes provided by subcontract companies will fall under the guarantee provided by such companies. 

5.5 The Seller will not accept any liability for their Goods supplied being re-worked or re-made by a third party and will not be responsible for any costs. Under this agreement the Buyer must give the opportunity in writing to the Seller, with reasonable time to rectify or replace inferior Goods supplied.

5.6 Any Goods supplied under these terms and conditions is provided on the strict agreement that our liability to you for breach of our contract and all negligence will be limited to the price of the goods supplied. If we breach our terms and conditions with you, we will not be liable for any loss of profits, consequential losses, loss of business, depletion of goodwill, loss of anticipated savings, reputational damage, loss of contract or loss of use. We limit our liability to the full extent the law will allow.

6. Force Majeure:

6.1 The Seller and the Buyer shall not be considered in default hereunder or be liable for any failure to perform or delay in performing any provisions of this Agreement in the customary manner to the extent that such failure or delay is caused by reason beyond its control, including any act of God. The Party whose performance has been interrupted by such circumstances shall use every reasonable means to resume full performance of this agreement as promptly as possible.

7. Representations:

7.1 Authority to sign: Each party promises to the other party that it has the authority to enter into this agreement and to perform all its obligations under this agreement.

8. General:

8.1 Modification(s): To change anything in this contract, the Seller and the Buyer must agree to the change in writing and sign a document showing their agreement.

8.2 Signatures: The Buyer and the Seller must sign the document in hardcopy. If this document is signed in hard copy, it must be returned to the Seller for valid record. 

The Parties hereto agree to the foregoing as evidenced by their signatures below. 
 
Date___________ ABF Ltd________________________  Date__________ Buyer___________________________