Goods & Services

1. Acceptance

- These Terms and Conditions apply to all quotations and offers made by, purchase orders accepted and sales made by ATR (“Seller”).

- These Terms may in some instances conflict with some of the terms and conditions affixed to the purchase order or other procurement document (Contract) issued by the Buyer. In such cases, the Terms contained herein shall govern, and acceptance of the Buyer’s order is conditioned upon the Buyer’s acceptance of the terms and conditions herein, irrespective of whether the Buyer accepts these conditions by a written acknowledgment, by implication, or acceptance and payment of products ordered here-under.

- Orders are accepted on the condition that the terms and conditions below and no others, are accepted by the buyer.

- Buyer acceptance and receipt of ATR’s goods or services shall constitute the Buyer’s agreement to ATR’s terms and conditions.

- Any failure by ATR to object to provisions contained in any communication from the Buyer shall not be deemed a waiver of the provisions herein.

- Any changes in the Terms contained herein must specifically be agreed to in writing and signed by a Director of ATR before becoming binding on either party.

- These conditions shall supersede all earlier standard terms and conditions of sale circulated by ATR, who will from time to time amend these conditions.

2. Price and Delivery

- No orders can be accepted without a formal Purchase Order.

- Unless otherwise agreed, all prices quoted are in Pound Sterling (GBP) and are effective for 14 days.

- Should the delivery date be postponed by the Buyer, ATR shall have the right to adjust the price of the undelivered goods to the correct price at the time of shipment and to invoice for storage if necessary.

- All prices are exclusive of any present or future sales, revenue or excise tax, value added tax and so on. Such taxes, when applicable, shall be paid by the Buyer where necessary. Unless otherwise agreed to in writing by the parties, prices quoted by ATR are those current at the date of quotation and shall be subject to variation by ATR.

- Any times or dates quoted for delivery shall be treated as an estimate only. Whilst every endeavour will be made to meet these estimated delivery criteria, ATR shall not be liable for failures to deliver within the time quoted.

- Transportation shall be by common carrier, at Buyer’s risk and expense, with the transportation, insurance, and related charges added to the quoted price.

- The risk of loss and/or damage to the goods supplied by ATR shall pass to the Buyer when they are delivered to the Buyer or other person to whom ATR has been authorised by the Buyer to deliver the goods whether expressly or by implication, by the carrier at the destination specified by the Buyer, or otherwise. ATR shall not be liable for the safety of the goods thereafter.

- Any damage to the goods in transit should be notified to the carrier and ATR within two days of receipt. The packing and contents are to be held for inspection. If the goods are not received by the Buyer within six days of the date of invoice, the carrier and ATR should at once be informed. Claims not made within the said period(s) will not be entertained.

- Notwithstanding the provisions of paragraph (b) above, the legal and beneficial ownership of the goods shall remain with ATR (which reserves the right to dispose of them) until payment has been made in full and has been received by ATR in accordance within the relevant terms.

- So long as ATR shall remain the owner of the goods, the Buyer will not remove from such goods any labels or other identifying marks placed thereon by ATR. If payment in full is not made in accordance with these conditions of sale, ATR shall have the right (without prejudice to the obligation of the Buyer to purchase the goods) to retake possession of the whole or any part of the goods and for that purpose to enter any premises occupied by the Buyer and to sever the goods from anything to which they are attached without being liable for any damage caused thereby and without prejudice to any other remedy that may be available to ATR.

- In regards to delivering services, the points above apply where appropriate. Furthermore, the Buyer will only be able to secure any fulfillment dates once the ATR has confirmed receipt of a formal Purchase Order, not before. ATR does not guarantee provisional bookings. Unless otherwise agreed in writing, ATR expects the Buyer to provide all necessary equipment for training courses, and delegates are expected to make their own travel and accommodation arrangements. It is the Buyer’s responsibility to ensure ATR can access the Buyer’s preferred venue(s).

3. Payment Terms

- Payment terms are Net 14 days, from the date of the invoice.

- All costs and expenses reasonably incurred by ATR in recovering monies due to it will be charged to and be payable by the Customer.

4. Assignment and Subcontracting

- ATR shall be entitled at all times to assign its rights under any contract (in whole or in part), or to subcontract any part of the work or services to be provided under the contract as it deems necessary or desirable.

5. Changes and Cancellation

- Goods - Goods orders accepted by ATR are not subject to change or cancellation by the Buyer after materials have been ordered or manufacturing commences, except with ATR’s written consent and upon payment of an appropriate charge to cover the cost or loss incurred by ATR. Unless otherwise agreed in writing, such charge shall not be less than twenty five percent (25%) of the price of the goods subject to the change or cancellation.

- Services Likewise, Services orders accepted by ATR are not subject to change or cancellation by the Buyer after training, visit etc. dates and venues have been finalised, except with ATR’s written consent and upon payment of an appropriate charge to cover the cost or loss incurred by ATR Ltd. Unless otherwise agreed in writing, such charge shall not be less than twenty five percent (25%) of the price of the services subject to the change or cancellation.

- In the event of any suspension of work through the Buyer’s instructions or lack of instructions, the contract price(s) shall be increased to cover any extra expense thereby incurred by ATR.

6. Warranty

- ATR warrants that on the date of shipment, all goods manufactured by ATR shall be free from defects in material and workmanship under normal use and service. All goods manufactured by ATR are warranted for a minimum of 1 (one) year, from the date of shipment from ATR to the Buyer.

- No warranty extended by ATR shall apply to: o Any goods which have been modified or altered by persons other than ATR; o Any goods subjected to any misuse, neglect, improper storage or handling, installation, accidental damage, Lightning, as a result of a natural event, or any goods manufactured by a third party. All third party goods sold by ATR to the Buyer are subject to their own Manufacturer’s Warranty.

- ATR’s exclusive obligation under this warranty is at ATR’s option to repair the defective goods, to supply replacement goods free of charge, to refund to the Buyer the purchase price paid for the defective goods, or to grant credit for the value of any goods found to be defective under this warranty in installment sales. ATR shall not reimburse or make any allowance to the Buyer for any labour charges incurred by the Buyer for replacement or repair of any goods unless such charges are authorised in advance by a Director of ATR.

- This warranty is made on the condition that the Buyer gives ATR immediate written notice of any defect. Notice must be delivered to ATR within one (1) year from the date of shipment, that the Buyer gives ATR access to the goods and the Buyer’s relevant records and data, and that ATR’s inspection reveals that the Buyer’s claim is valid under the terms of this warranty. No returns will be accepted by ATR unless accompanied by ATR’s Return Material Authorisation (RMA).

- The Buyer will pay for all packing, transportation, and transit insurance costs relating to returning products to ATR. Products will be returned to the Buyer free of charge. - ATR reserves the right to discontinue models at any time or change specifications, design, or prices without notice and without incurring any obligation.

- The foregoing constitutes the Seller’s entire warranty, express, implied or statutory with respect to its products and states the full extent of its liability for the breach of Warranty and for damages, whether direct, indirect, special, consequential or punitive resulting from any such breach. No change whatsoever thereto shall be binding upon ATR unless made and agreed to in writing by ATR and signed off by a Director of ATR.

7. Acceptance and Governing Law

- Any drawings, data, designs, software programs, or other technical information supplied by ATR to the Buyer in connection with the sale of the goods or services, shall remain ATR’s property, and be held in confidence by the Buyer. Such information shall not be reproduced nor disclosed to others without ATR’s prior written consent.

- The Buyer acknowledges that rights in respect of trademarks, trade names, copyrights, patents and other intellectual property rights connected to the goods do not pass to the Customer. - These Terms and Conditions and any Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

8. Force Majeure

- Neither ATR or the Buyer shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.