Terms and Conditions - Ashworth Customs

GENERAL

These Terms apply to all offers, agreements, and their execution between Ashworth Customs (the "Seller") and the customer (the "Buyer"). Buyer-provided terms are excluded unless explicitly agreed in writing. Deviations must be written and take precedence over these Terms.

OFFERS AND AGREEMENTS

Ashworth Customs’ offers are non-binding unless a time limit is stated. If a non-binding offer is accepted, Ashworth Customs may retract it within two working days. Product details are indicative and only binding if confirmed in writing. Agreements form only when Ashworth Customs explicitly accepts the Buyer’s order. Offers are one-time and not valid for repeat orders.

PRICES

Prices are ex-works (EXW) and exclude VAT, duties, taxes, inspection fees, packaging, transport, insurance, etc. Additional costs, including legal fees, may be charged. Transport insurance is arranged only at Buyer’s request and expense. Prices are quoted in pounds sterling (£) unless stated otherwise.

DELIVERY AND DELIVERY TIMES

Delivery times are estimates unless explicitly guaranteed in writing. Ashworth Customs is not liable for delays. If unable to deliver as agreed, Ashworth Customs will inform the Buyer and may adjust quantity, postpone, or provide alternatives. Delivery occurs at Ashworth Customs’ location unless agreed otherwise. Risk transfers to the Buyer upon delivery or to the carrier. Free delivery applies only if confirmed in writing. If the Buyer fails to collect products, they bear all risks and costs. Ashworth Customs may resell uncollected goods after a reasonable period to recover losses.

FORCE MAJEURE

In force majeure events, Ashworth Customs may delay or terminate agreements without liability. Force majeure includes wars, strikes, natural disasters, pandemics, government actions, or supplier failures. Financial institution issues related to the agreement also qualify.

PACKAGING

Products are packaged per industry standards unless agreed otherwise. Non-reusable packaging is charged and non-refundable. Reusable packaging must be returned within a week of delivery, or additional charges apply. Packaging return transport costs are the Buyer’s responsibility unless stated otherwise.

COMPLAINTS

Visible defects must be reported within 24 hours of receipt; hidden defects must be reported immediately with written confirmation within 24 hours. Complaints need detailed descriptions, evidence (e.g., photos), and proof of delivery. Complaints about part of a shipment don’t justify rejecting the whole. After the deadline, goods are accepted, and Ashworth Customs is not obligated to address claims.

LIABILITY

Ashworth Customs is not liable unless losses result from intentional misconduct or gross negligence. Liability, if applicable, is limited to the invoice value of the goods. Products are decorative, and the Buyer must inform end customers of potential hazards, indemnifying Ashworth Customs from third-party claims.

PAYMENT

Payments must be made at Ashworth Customs’ office per the terms (e.g., cash on delivery or bank transfer within 30 days). Late payments incur monthly interest of 1.5% or the legal rate and any collection or legal fees.

RETENTION OF TITLE

Ashworth Customs retains ownership of products until full payment is received. Products cannot be pledged or used as collateral. Breach allows Ashworth Customs to reclaim goods and recover losses.

SPECIAL WARRANTIES

Sanctions Compliance: The Buyer must comply with UK sanctions regulations, ensuring goods aren’t transferred to sanctioned entities. Non-compliance permits Ashworth Customs to suspend or terminate agreements without liability.

Anti-Corruption: The Buyer must adhere to anti-corruption laws, avoiding improper incentives. Violations allow Ashworth Customs to suspend or terminate agreements without liability.

DATA PROTECTION

Ashworth Customs may share Buyer information with relevant entities to monitor trends and payment behaviour. Aggregated data may be published, with individual records shared under strict conditions to mitigate risks.

APPLICABLE LAW AND DISPUTES

Agreements are governed by UK law, with disputes handled by UK courts unless arbitration is mutually agreed. The Vienna Sales Convention does not apply.

FINAL PROVISION

If any provision is invalid, the rest remain effective. Parties will agree on a replacement clause aligned with the original intent.