Terms & Conditions of Sale 2026
Terms & Conditions of Sale 2026
TERMS AND CONDITIONS OF SALE Unless otherwise agreed in writing by Evatron Plastic Enclosures Ltd all goods are
supplied in the following terms and conditions to the exclusion of any terms and conditions stipulated by the Buyer and any
previous representations, warranties or communications not expressly incorporated herein.
1) General – All orders for products and services on the Evatron (seller) website are accepted by Evatron Plastic Enclosures
Limited (Seller) subject to these terms and conditions of sale. No other terms will apply to the supply of products by the
Seller unless agreed in writing by an authorised signatory of the Seller. All descriptions of the products contained on the
Seller’s Website or otherwise communicated to the Buyer are approximate only and shall not form any part of the contract
between the Seller and the Buyer. The Seller may correct any errors in its website without liability to the Buyer. The
advertising of products and services in the Seller’s website merely constitutes an invitation by the Seller for the Buyer to
make an offer to purchase products.
2) Definition – Seller means Evatron Plastic Enclosures Ltd. Buyer means any person, firm or company who place an order
for the supply or manufacture of goods with the Seller. Goods means the articles, items or materials described in the
order. Order means the order placed by the Buyer of the Goods.
3) Formation of Contract – Quotations unless previously withdrawn shall be valid for a period not exceeding 30 days from the
date provided. Any stipulations or conditions in the Buyers order which would conflict with these conditions or in any way
qualify or negate the same shall be deemed to be inapplicable to the order unless expressly agreed to by the Seller in
writing when acknowledging the order. Unless otherwise agreed in writing by the Seller the goods are supplied by the
Seller only on these conditions and no variation of or addition to, (whether contained in any document emanating from the
Buyer or made orally by any person acting or purporting to act on behalf of the Seller) shall have effect unless it is in
writing signed by or on behalf of the Seller. Should any of these conditions conflict with any conditions stated in the
Buyer’s order, these conditions shall prevail.
4) Prices – The prices of the products in the Seller’s website are current at the date of despatch. All prices exclude VAT,
which the Seller will add at the rate applicable at the date of despatch. The Seller shall be entitled to adjust the selling
price of the goods whether before or after making the agreement to which these conditions relate in the event of any
variation in the cost to the Seller in supplying the goods or any part thereof, caused by any reason whatsoever beyond the
control of the Seller including changes in exchange rates or the action of any government or authority.
5) Quantities – The price quoted is for stipulated quantities only and will not apply to any order for any lower quantities. All
quotations for goods to be supplied from stock are subject to those goods being unsold on receipt of order.
6) Colour – Colour shall be subject to reasonable variation.
7) Samples – Samples supplied to the Buyer shall be accepted by the Buyer as supplied solely for information and does not
imply or express conditions or warranties as to quality, description, colour, fitness or merchantable quality of goods
subsequently delivered. The Buyer shall be deemed to have satisfied themselves as to these requirements prior to
ordering the goods.
8) Recommendations – Whilst all written recommendations including the Seller’s website, made by the Seller as to the
performance of the goods are made in good faith and in the belief that they are correct, the Seller shall have no
responsibility whatsoever for any damage liability cost claim or expense suffered by the Buyer or any third party through
following such recommendations.
9) Specification Alterations – the Seller reserves the right to alter the specification of any goods without prior reference to the
Buyer provided that the goods comply in all other known respects with the Buyer’s requirements.
10) Passing of Property – the property in the goods shall remain in the Seller until the Buyer has paid the full price as well as
all other sums whatsoever due to the Seller. If at any time payment of the price or any other sums due to the Seller is
overdue, the Seller may enter the Buyer’s premises and recover and dispose of the goods and Buyer shall make no claim
against the Seller in respect of such entry or disposal.
11) Passing of Risk – The risk in goods supplied overland shall pass to the Buyer on delivery to the Buyer’s designated
premises or to the carrier nominated by the Buyer (whichever shall first occur). The risk in goods supplied by sea or air
shall pass to the Buyer on delivery to the address nominated by the Buyer in which case the Seller will at the Buyer’s
written request, cost and risk, arrange for the Buyer’s express instructions as to transit and packaging for sea or air
transport to be carried out. The risk in goods will pass directly to the Buyer upon collection by their courier, whereby the
Buyer arranges for their choice of Courier to collect the goods from the Seller.
12) Ordering – The Seller reserves the right to decline to trade with any company or person. In addition, the Seller may
decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Buyer
by telephone or email within a reasonable period of receipt by the Seller of the order. If orders cannot be fulfilled
completely from stock, the unfulfilled balance will (at the Buyer’s request) either be put on back order to be fulfilled when
the Seller next has available stock or be cancelled.
13) Delivery – The Seller will aim to deliver products in accordance with the Buyer’s order. Delivery dates or periods are given
in good faith and the Seller will make every effort to meet them but no liability is accepted for failure to deliver on a
specified date or within a specified period. The Buyer’s delivery options, and the prices for them, are set out in the Seller’s
website current at the date of order or will be notified to the Buyer at the time of order. Delivery will be made to the
Buyer’s usual business address, unless otherwise agreed. Times and dates for delivery quoted in the Seller’s website or
by the Seller’s employees are approximate only and The Seller shall not be liable for the consequences of any delay in
delivery. If any delivery is late, the buyer must notify the Seller, and the Seller will endeavour to ascertain if the product
has been delivered or the expected delivery time of the product to the buyer. The Seller may also, at its discretion, refund
the total delivery charge to the Buyer. The Buyer may use their own courier to collect from the Seller. The risk in goods
will pass directly to the Buyer upon collection by their courier.
14) Inspection, Delivery Delays and Non-Delivery – The Buyer must inspect the products as soon as is reasonably possible
after delivery and shall within 5 working days of the date of delivery, give notice to the Seller details of;
i) Any defect in the product that is apparent on reasonable examination. In this case The Seller shall, at the
Seller’s discretion, replace the products or refund the purchase price. In any event the Buyer must identify
parcels delivered to them in a damaged condition, as such with the courier and photograph the damaged parcel prior to unpacking.
ii) Any shortfall in products delivered. In this case the Seller shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products.
iii) Any delivery of products not in accordance with the order. In this case the Seller shall, at the Seller’s discretion, replace the products or refund the purchase price.
iv) Any non-delivery of the products (in which event the time limit is within 10 working days of the estimated despatch date). In this case the Seller shall deliver the undelivered products or refund the price of the undelivered products. If the Buyer fails to give any such notice, the products shall be presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Buyer shall be deemed to have accepted the products accordingly.
15) Payment – If the Seller has not granted credit to the Buyer, payment terms are cash with order. If credit has been granted, the Buyer shall pay the price of the product by the 30th day of the month following the month in which the products are despatched. The Seller maintains retention of title to the products supplied until all monies owing to the Seller have been paid in full. If the Buyer fails to make any payment when it becomes due or shall enter into any arrangement with its creditors or if having a receiver appointed or pass a resolution for winding up or a Court make an order to that effect or any breech of the Seller’s terms and conditions, the Seller may defer or cancel any further deliveries. Orders are not subject to cancellation, change, reduction in amount or suspension of deliveries except with the Sellers consent.
16) Product Changes and Availability – The Seller reserves the right, without prior notice, to discontinue any product or to make design changes to improve the product.
17) Cancellations and Returns – The Buyer may not cancel orders once accepted by the Seller. The Seller may, at its discretion and in writing, allow an order to be cancelled subject to the Seller recovering 20% of the order value from the Buyer. In the event of part cancellation, The Seller may invoice the Buyer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered. The buyer may only return products to the Seller and receive a credit or refund, if the following conditions are met;
i) The Buyer must contact the Seller and obtain the prior consent of the Seller.
ii) Returns must be made within 30 days of the date of delivery.
iii) Products must be returned to the Seller in their original condition and packaging and in a condition that will enable them to be immediately fit for re-sale.
iv) The Buyer must follow any specific instructions notified by the Seller employees and quote the invoice details from the original despatch paperwork.
18) Consequential Loss – The Seller shall be under no liability whatsoever (including without prejudice to the generality of the foregoing any liability in tort or for consequential loss or damage of any kind) for breakage or resulting defect occurring after delivery for any defect in or failure of or unsuitability for any purpose of the goods or any part thereof whether the same be due to any act omission negligence or wilful default of the seller or its servants or agents or to faulty design, workmanship or material or any other cause whatsoever, including (without prejudice to the generality of the foregoing) any breach by the Seller, its servants or agents of any fundamental term or any fundamental breach by the Seller, its servants or agents of any term of the contract of which these conditions form part; and all other conditions, warranties or other terms whether express or implied, statutory or otherwise inconsistent with the provisions of these conditions are hereby expressly excluded.
19) Penalty Clauses – Penalty clauses on Buyers orders or contracts cannot be accepted unless a specific undertaking in writing is secured from the Seller covering each order or contract concerned. Such an undertaking will not be regarded as valid unless signed by a Director of the Seller.
20) Force Majeure – The Seller shall do all in its power to perform the terms of any contract of which these conditions form part and in particular to meet all delivery dates but shall not be liable for any failure to observe or the breach of any of the terms here stated by reasons of extraordinary events beyond the Seller’s reasonable control, such as natural disasters, war, riots, epidemics, civil disruptions, strikes, trade disputes, fires, breakdowns, interruptions of transport systems, or government action.