A contract shall constitute between ARK34 Limited (herein called the ‘Company’ or ‘We’) and the customer (hereinafter called the ‘Customer’) where the Company accepts any transaction placed by the Customer subject to the following terms and conditions. The Company shall be deemed to have accepted an order upon collection and/or delivery of the goods in performance of the order. The Customer shall be deemed to have accepted the terms and conditions of the Company by placing an order of the goods.

1. PRICES

1.1 All goods, where applicable, are subject to Value Added Tax at the prevailing rate. In certain instances, and where applicable, levies and duties will be chargeable to the Customer. Such levies and duties shall depend on the type of product required by the Customer.

1.2 Prices and delivery terms are without engagement and may vary without notice. Where there is a price increase due to any reason such as shortage in the market or manufacturers decision to withdraw the price quoted, We will inform you in writing within sufficient notice. Sufficient notice will vary depending on the reasons of the price increase and also depending on the time frame of the reasons received from our Supplier(s). This in effect shall void any existing contract(s) with the Company for any ongoing supply. In the event of a shortage of product(s) for whatever reason We cannot be held responsible to supply.

1.3 Unless specified otherwise all prices quoted for any product shall be ex-works prices.

2. PAYMENT TERMS AND COLLECTION / DELIVERY OF GOODS

2.1 All goods are liable for payment immediately after a Pro-forma invoice as has been raised by the Company. The process prior to payment will be as follows: the Company will offer product(s) to the Customer, the Customer will accept the offer in writing and raise a Purchase Order, and the Company will raise a Pro-forma invoice.

2.2 Upon confirmation of our bankers of receipt of funds into our bank account, the Company will inform the Customer to arrange collection of goods. The Customer must ensure to collect the goods during the time frame and from the address as informed by the Company.

2.3 In the case of non-payment, We will take appropriate action to recover all fees from the Customer that have been charged to the Company. The Company reserves the right to offset any existing or future debts whatsoever incurred to the Company by the Customer against any transaction value between the Company and the Customer. This will also apply if the customer is in insolvency or administration whether known or unknown by the Company. The Customer accepts that the Company will become a preferential creditor during a Customer’s insolvency or administration. Interest shall be payable on all due and unpaid accounts at the rate of 5% per annum above the Company's Bankers lending rate.

2.4 Storage charges of £1 per pallet or part thereof per day will apply on any delay in collection. Where the goods remain uncollected for a period of 10 days, the Company will sell the goods to the trade. For this, the Company will deduct fifty per cent (50%) of the total value of goods from payment made and refund the balance to the Customer.

2.5 Where We are unable to supply the goods after payment has been received, due to reasons beyond our control We will notify the Customer and refund all payments received for the goods.

3. TITLE OF GOODS

3.1. Title of the goods shall remain with the Company until payment of the goods and, where applicable, any storage charges have been received for the said goods.

3.2 Risk thereof of the goods will pass to the Customer once the goods have been collected by the Customer, their agents or assigned carriers.

3.3 Where the goods are collected by the Customer and/or its agents, the collecting party's signature on any of the Company's and/or Statutory documents will constitute acceptance of goods in good condition without any shortages and/or damages. The collecting party will be given every opportunity to inspect the goods prior to loading.

3.4 Where the goods are being delivered to the Customer and/or to its agents, the receiving party will be given every opportunity to inspect the goods within a reasonable time frame and at the time and point of delivery. A signature on the Company's and/or Statutory documents will constitute acceptance of goods in good condition without any shortages and/or damages.

4. INVOICE

4.1 A commercial invoice shall be raised within three (3) business working days after the goods have been collected / delivered.

5. RETURNS OF GOODS AND SHORTAGES

5.1 Any stock for return cannot be returned unless there is a manufacture defect certified by an independent organisation appointed by the Company. The Company, once satisfied with such certification, will subsequently provide a written consent. All and any charges made by the independent organisation will be borne by the Customer.

5.2 Return of such goods must be authorised by the Company in writing.

5.3 Goods must be returned within 2 (TWO) days of receipt. Proof of any manufacture defect must be provided prior to the return of goods.

5.4 Where the goods have been delivered by the Company any shortages must be reported within 24 hours of receipt of the delivery.

5.5 All costs of returns whether collected by the Company or delivered by the Customer will be borne by the Customer. If the goods are not ready for collection, then the customer shall incur all costs for a re-collection.

6. DATA PROTECTION

6.1 We may provide information about you to our bankers/financiers for the purposes of providing services for the following reasons:-

6.1.2 Assessment and Risk Analysis including credit scoring

6.1.3 Making searches by Credit Reference Agencies

6.1.4 Obtaining Credit Insurance

6.1.5 Protecting our interest

6.2 We may also transfer and provide information on the Customer to legal and judicial departments where required.