Terms & Conditions of Supply

1. Definitions
In this agreement
“supplier” means Airius Europe Ltd.
“we” means Airius Europe Ltd.
“Buyer” means the purchaser of the goods.
“you” means the purchaser of the goods.
“Goods” means any goods we offer for sale.
“Written Materials” means any information material published by us in any medium with a view to providing information to our customers or prospective customers.

2. Our contract with you
2.1. we shall accept your order by letter, by fax or by e-mail confirmation. Our order confirmation will confirm details of your purchase, payment terms and forecast delivery dates
2.2. it is possible that the price may have increased from that posted in out written material.
2.4.1. accept the alternatives we offer;
2.4.2. cancel your order
2.5. goods are at your risk from the moment they are delivered by our carrier or collected by your carrier from our warehouse.
2.6. we retain full ownership of the goods until you have paid for those goods in full. Title is retained and in the event of non-payment we will do what we want with those goods in relation to their future. If payment is not made we retain the right to collect the goods from their destination (ie: from your customer if relevant)

3. Price and Payment
3.1 As determined on the invoice.
3.2. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counter claim.
3.3. Payment terms are 30 days end of month following invoice

4. Late Payment Penalty
4.1. A Late Payment Penalty based on 1% of the value of the invoice will be charged for each 30 day period, or part thereof, calculated from the day after the due date.

5. Information you give us

6. Delivery
6.1. Deliveries will be made by the carrier to the address stipulated in the order. You must ensure that someone is present to accept delivery.

7. Taxes, duties and import restrictions
7.1. We have no knowledge of, and no responsibility for, the laws in your country of residence (outside the UK).
Import duties and taxes of any kind levied in your country of residence (EU entry taxes paid by supplier when goods arrive in the UK).

8. Disclaimers
8.1. We may make improvements or changes to our written material or to any of the Goods, at any time and without advanced notice.
8.2. You are advised that Written Material may include technical inaccuracies or typographical errors.
8.3. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenue or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of goods.
8.4. Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you purchased in the contract which is the subject of the dispute.

9. Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising in any way out of your use of goods, or the infringement by you, of any intellectual property or other right of any person.

10. Contractual Limitations

11. Rights of third parties
Nothing in this agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

12. Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as charged or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that charged or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

13. No Waiver

14. Dispute Resolution

15. Force Majeure

16. Governing Law
This agreement shall be governed by and constructed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Publication/Effective date: 01.01.07
Authorised by: S H Bridges – Managing Director
USA and foreign Patents Pending. AIRIUS®. All material issued by, or emanating from, Airius Europe Ltd is ©Copyright Airius Europe Ltd
