Terms & Conditions

Terms and Conditions for ARC Trading Ltd (t/a AllTrade)

1. General

(a) In these Conditions:

• “Customer” means the purchaser indicated on the Order.

• “Consumer” means a customer purchasing Products for personal, non-commercial use at a domestic premises.

• “Contract” means any agreement between the Customer and ARC Trading Ltd (trading as AllTrade) for the supply of Products, incorporating these Conditions.

• “Products” means the goods supplied under the Order.

• “Order” means an order for Products submitted to AllTrade either online through the website, or by email, telephone, or in writing.

• “AllTrade”, “we”, “us” refers to ARC Trading Ltd, company number 14589342, registered in England and Wales, trading as AllTrade.

• “Trader” means a Customer who is not a Consumer.

• “Product Data Sheet” means the technical and safety documentation issued by a manufacturer relating to the safe supply, handling, and use of a Product.

• “Site” means the AllTrade website.

(b) These Conditions override any other terms or conditions the Customer may seek to apply and form the entire agreement between ARC Trading Ltd (t/a AllTrade) and the Customer in relation to the supply of Products.

(c) No employee, agent, or representative of AllTrade has authority to vary these Conditions unless agreed in writing by a director of ARC Trading Ltd.

(d) Singular words include the plural and vice versa.

(e) References to legislation include any amendments or replacements in force at the time.

(f) We process all personal data in accordance with our Privacy Policy published on the Site.

2. Notice to consumers

Most Products are intended for commercial use and may require trade knowledge to install or apply safely. Consumers may place Orders, but by doing so accept that:

(a) certain Products cannot be returned once opened/used or where they are not resaleable;
(b) certain Products cannot be returned for health and hygiene reasons;
(c) some Products cannot be returned by Royal Mail/courier, or only if packed to the carrier’s requirements; and
(d) some Products are designated “professional use only” by the manufacturer in the Product Data Sheet. If you order a professional-use Product, you are responsible for compliance; you will be liable for costs, claims or penalties we incur due to misuse.

3. Order process

(a) All Orders are subject to these Conditions.
(b) The Customer (or their representative) must be at least 18 years old and provide a UK delivery address. Proof of age may be requested.
(c) For telephone, website or email Orders we will issue an Order confirmation. The Customer must check it and email any changes within 1 hour. Price and details may change if amendments are requested. If no changes are received within 1 hour, the Order is deemed accepted.
(d) A Contract forms when ARC Trading Ltd (t/a AllTrade) receives full payment (or first agreed instalment) and/or dispatches the Products.
(e) Once a Contract exists, we are under a legal duty to supply Products in conformity with these Conditions.
(f) Traders are responsible for Orders placed by their staff. Traders may not withhold/set off payments due to us against sums they claim from us.

4. Description of the products and product data sheets

(a) Before ordering, the Customer confirms they have read the latest Product Data Sheet (where applicable). Where available, we will provide or link to the manufacturer’s documentation.
(b) All Products are subject to availability. If an item is out of stock, the Customer may cancel for a refund on those items, select alternatives (subject to Price adjustment), or request backorder.

5. Delivery and collection

(a) Any delivery/collection dates we give are made in good faith but are not guaranteed. Customers should notify us promptly if Products have not been received by the stated date. For Consumers, we will deliver or make the Products available for collection within 30 days of the Contract unless otherwise agreed.
(b) Delivery will be to the address on the Order. Collection (if agreed) is from our designated warehouse address stated on the Order/confirmation. A signature may be required.
(c) Delivery is effective when Products are unloaded at the delivery address. If delivery cannot be completed due to the Customer’s act/omission, we may cancel the Order and refund the Price paid less reasonable delivery, storage and associated costs.
(d) Where collection is chosen, the Customer must collect within 3 days of notice. If not collected, we may cancel and refund the Price paid less reasonable storage and associated costs.
(e) We may deliver or make Products available by instalments.

6. Price

(a) Prices are exclusive of VAT unless stated otherwise.
(b) Telephone/email Orders are payable by BACS/cheque to the account on the Order or as per any credit agreement.
(c) Online Orders may be paid by accepted cards or other methods stated at checkout.
(d) Unless otherwise agreed, the Price and delivery costs are payable in full before delivery/collection.
(e) If payment is not made by the due date, we may: suspend delivery/collection; charge interest/costs under the Late Payment of Commercial Debts (Interest) Act 1998; and/or terminate the Contract.

7. Payment

(a) We may invoice at any time before, on, or after delivery. Payment is due on/before the due date even if delivery has not occurred or title has not passed. Invoice queries must be raised in writing within 7 days of the invoice date.
(b) Account Customers (within limit) must pay by the end of the calendar month following the invoice date unless agreed otherwise in writing. Non-account or over-limit Orders are payable at the time of Order. Time is of the essence.
(c) We may cancel an Account at our discretion.
(d) We may suspend an Account if the credit limit is reached or if additional security is required. We may reinstate on receipt of required security/conditions.
(e) On Account cancellation/suspension, all sums owed become immediately due unless agreed otherwise.
(f) No payment is deemed received until cleared funds are received. All sums become immediately due on Contract termination.
(g) Payments must be made in full without set-off/counterclaim unless ordered by a court.
(h) If any amount is overdue we may: treat Contracts as repudiated; suspend/cancel deliveries; appropriate payments as we see fit; charge interest at 8% above Bank of England base rate; claim interest/compensation under the Late Payment of Commercial Debts (Interest) Act 1998; and recover reasonable debt-recovery/legal costs on an indemnity basis.

8. Cancellation

(a) Unless agreed in writing or provided in our Returns Policy (clause 10), the Customer has no right to cancel. If the Customer cancels (with or without our consent), the Price and all amounts due remain payable in full (less any non-applicable delivery/charges) unless we agree otherwise in writing.
(b) Any amounts due under 8(a) and not already invoiced will be invoiced within 14 days and payable under clause 7.

9. Defective or missing products

(a) For Consumers, we warrant Products are of satisfactory quality and fit for purpose. For Traders, we will use reasonable endeavours to ensure Products are of satisfactory quality and fit for purpose.
(b) The Customer must inspect Products on receipt. Traders are deemed to accept the Products unless written notice of rejection for non-conformity is received within 24 hours of delivery/collection, or (if latent) within 7 days of discovery. Consumers should notify us promptly of defects or shortages.
(c) If, after valid rejection, the Customer uses the Product, they are deemed to have accepted it.
(d) If a Product is shown to our reasonable satisfaction to be defective or missing, we will refund the purchase price or replace it within a reasonable time, free of charge. For Traders, this refund/replacement is our sole liability. Defective Products must be preserved for inspection and, where replaced, made available for collection.
(e) Nothing in these Conditions excludes liability that cannot be excluded under applicable law.

10. Warranties and Returns

(a) Subject to 10(d)–10(g), we warrant that at delivery the Goods conform in all material respects to description/specification under the Contract. Unless otherwise agreed, no other warranty is provided. We will endeavour (but do not guarantee) to pass on any manufacturer warranty to the Customer.
(b) If Goods do not conform to our warranty or any written warranty we provide, we may (at our option) replace the Goods (or defective part) or issue a credit note at the pro-rata Contract rate, provided the Customer:
(i) gives written notice within 7 days of discovery (or when they ought reasonably to have discovered the issue); and
(ii) allows examination and, if requested, returns the Goods (or part) at their expense (unless we agree collection/handling charges).
(c) Assistance with manufacturer warranty claims is subject to compliance with the Contract, the manufacturer’s terms and any reasonable conditions we set.
(d) This clause does not apply where defects arise from normal wear and tear, negligence, failure to follow storage/installation/use/maintenance instructions or good trade practice, further use after notice, or alteration/misuse/repair by the Customer.
(e) If we comply with 10(b), we have no further liability for breach of warranty. If delivery was not refused and notice is not given per 10(b), the Customer may not reject and must pay as if delivered in conformity.
(f) Returned Goods under 10(b) become our property unless repaired and returned under 10(b). These Conditions apply to repaired/replacement Goods.
(g) Our reasonable opinion as to cause of defect is final unless the Customer provides conclusive evidence to the contrary.

11. Disclaimer and title/risk

We are not liable for:
(a) loss/damage or injury caused by the Customer’s negligence, including failure to follow the Product Data Sheet;
(b) reliance on information we provide that conflicts with the manufacturer’s Product Data Sheet.

Risk passes on delivery to the delivery point. Title passes when we receive in cleared funds: (i) the full Price plus VAT; and (ii) all other sums due to us from the Customer.

12. Force majeure

We may defer delivery or cancel the Contract without liability if prevented or delayed by events beyond our reasonable control (including acts of God, government action, war, terrorism, riot, civil commotion, fire, flood, epidemic/pandemic, labour disputes not involving our workforce, restraints/delays affecting suppliers/carriers, or inability to obtain suitable supplies). If such event continues for more than 30 consecutive days, the Customer may give written notice to terminate.

13. Termination

We may terminate or suspend performance (without prejudice to other rights) if:
(a) the Customer breaches the Contract, including failure to pay on time;
(b) the Customer becomes bankrupt/insolvent or a receiver/encumbrancer takes possession of material assets; or
(c) we reasonably suspect (a) will occur or that sums due will not be paid when due.

14. Indemnity

The Customer will pay (on written demand) and indemnify us for all reasonable costs, expenses and losses (including direct/indirect/consequential losses, loss of profit, reputation damage, property damage, opportunity cost, and legal costs on an indemnity basis) arising from the Customer’s fraud, negligence, breach or unreasonable delay in complying with these Conditions.

15. Limitation of liability

(a) This clause sets our entire financial liability (including for acts/omissions of employees, agents and subcontractors) for breach, misrepresentation, and tort (including negligence) arising under or in connection with the Contract.
(b) Subject to 15(c)–(d):
(i) we are not liable for pure economic loss, loss of profit, loss of business, depletion of goodwill, or any indirect/special/consequential loss or damages; and
(ii) our total liability in contract, tort (including negligence/breach of statutory duty), misrepresentation, restitution or otherwise shall be limited to the greater of £10,000 or the Price paid for the relevant Order.
(c) All warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.
(d) Nothing limits or excludes liability for death or personal injury caused by our negligence, or fraud/fraudulent misrepresentation.

16. Miscellaneous

(a) The Customer may not assign the Contract without our prior written consent.
(b) Notices must be in writing to the addresses on the Order and are deemed delivered: next working day if delivered by hand; or on the third working day after posting first-class pre-paid.
(c) No failure or delay to enforce any provision is a waiver of rights.
(d) If any provision is invalid/unenforceable, it shall take effect to the maximum extent permitted or be deemed deleted; the remainder continues in force.
(e) The Contract is governed by English law. The courts of England and Wales have exclusive jurisdiction.