Terms of Supply

Terms of Supply (Wholesale)

Global Air Supplies UK Limited

Applicable from: 18/08/2022

We are a business to business company. We only supply to business customers.

We only supply Goods to customers who have opened an Account. Wholesale prices are available for view when you have an Account.

AGREED TERMS

  1. About us
    • Company details. GLOBAL AIR SUPPLIES UK LIMITED (company number 10314942 (we and us) is a company registered in England and Wales and our registered office and main trading address is at Unit 36 Meadows Road Brookfields Park, Manvers, Rotherham, England, S63 5DJ. Our VAT number is
    • Website: We operate the website www.globalairsupplies.co.uk (Website). To order Goods through the Website you will need an Account Log In.
    • Contacting us. Contact details are as provided on the Website and here. How to give us formal notice of any matter under the Contract is set out in clause 2.
  2. Our contract with you
    • Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). These Terms incorporate by reference (i) any conditions set out in any New Account Opening Form (Account) agreed with you (or other provisions such as credit payment terms and discounts which may be agreed in writing from time to time; (ii) Road Haulage Association Conditions of Carriage (see here) (we use RHA couriers for the UK)(iii) any other terms agreed in writing from time to time (iii) our Website Terms and Conditions (see here)  and (iv) GAS Privacy Notice (see here). All other terms, including any provided by you and any terms are implied by trade, custom, practice or course of dealing are excluded.
    • Entire agreement. The Contract (and terms referred to in clause 2.1) is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    • These Terms and the Contract are made only in the English language.
    • Your copy. You should print a copy of these Terms or save them to your computer for future reference.
    • Business Only Customers. We assume that any customer is a business customer and not a consumer. If you open an Account you warrant that you are a business customer.
    • Defined Terms:

In these Terms the following terms have the meanings given as below:

Account: an agreed account with us as a Customer. Unless otherwise agreed customers are Proforma Account Customers.

Account Log in: any log in codes we provide to you and as required to order Goods through the Website.

Credit Account Customer: a customer with payment terms other than Proforma (such terms of credit and any discounts  to apply as set out in the Invoice).

Goods: the goods you specify to buy in any order.

Invoice: our invoice to you in respect of an order for Goods and delivery charges.

Proforma Account Customer: a customer with pre- delivery payment terms and discount where agreed..

Sales Order Confirmation: a written confirmation of an order.

Working Day: Monday to Friday excluding bank holidays.

Working Hours: 9am to 5pm Monday to Thursday, 9am to 4pm Friday (all times as per UK).

  1. Placing an order and its acceptance

We like to be flexible and offer an order process either (i) through the Website or (ii) by phone and email.

These Terms apply to any order you place. Please see the conditions below as appropriate to the method of order.

To be able to order Goods from us you will need to have an Account in place. To set up an Account please contact us at sales@globalairsupply.co.uk or 01226 748613. We will send out the required form to you (by email). Once your Account has been approved you can order Goods from us. If you wish to use the Website and order Goods as a wholesale customer, you will require an Account Log In.  We may carry out a credit check. Our Privacy Notice (see here) applies to the personal data supplied when setting up an Account or otherwise provided to us during the course of our dealings.

3.1       Using the Website to place an order.

  • Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Goods subject to these Terms.
  • Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
  • Acknowledging receipt of your order. Unless you have requested a Sales Order Confirmation we do not send out any other form of order acknowledgement. Where the order involves international delivery we will source providers and prices at this stage.
  • Accepting your order.

If you place the Order close to the end of Working Hours all of the below may take place the following Working Day.

  • (i) If you are a Credit Account Customer: On receipt of your order received within Working Hours or if the order is received outside of Working Hours during the next Working Day,  we will review the status of your Account. If your Account is in arrears we will contact you to discuss this before processing an Order further.

If the Account is in order and if either 3.1 (c) applies and we have sent a Sales Order Confirmation or we have confirmed delivery rates for international delivery in a Sales Order Confirmation, you must check the Sales Order Confirmation and let us know about any errors within one hour of sending. After an hour we will begin to process your order and this reduces our ability to assist you regarding amendment to the order or cancellation (see clause 5).

Acceptance: Our acceptance of your order takes place when we send the Invoice and at which point the Contract between you and us will come into existence. We usually send out invoices at the end of the Working Day and Goods will be collected by our courier same day for onward delivery to you next day.

  • (ii) If you are a Proforma Account Customer: On receipt of your order received within Working Hours or if the order is received outside of Working Hours during the next Working Day, and if either if 3.1 (c) applies and we have sent a sales Order Confirmation or we have confirmed delivery rates for international delivery in a Sales Order Confirmation , you have emailed to approve the Sales Order Confirmation, or if international delivery is required you have approved the charges we will use reasonable endeavours to contact you by email and phone to take payment (by credit or debit card) or direct you to make a payment by BACS. You may also call us for this purpose. We can deal with order amendments at this time. Payment in advance is mandatory for Proforma Account Customers. Acceptance: Our acceptance of your order takes place when we send the Invoice and at which point the Contract between you and us will come into existence. We usually send out invoices at the end of the Working Day and Goods will be collected by our courier same day for onward delivery to you next day.

3.2       Orders made by email or phone.

Placing your order. We accept orders by phone 01226 748613 or email (sales@global airesupplies.co.uk).

  • (i) Email orders: Where we receive your email order during Working Hours and we need to clarify anything with you we will use reasonable endeavours to contact you during that Working Day by email or phone. After settling clarifications or if there are no issues with the order or your Account we will send out a Sales Order Confirmation by email. Where the order involves international delivery there may be a slight delay in sending out the Sales Order Confirmation whilst we source providers and prices. Please check the Sales Order Confirmation carefully and report any errors to us within one hour of our sending it to you. Errors reported after this time reduces our ability to assist you regarding amendment to the order or cancellation (see clause 5).
    1. If you are a Credit Account Customer: We will begin to process your order after one hour of sending the Sales Order Confirmation. Acceptance: Our acceptance of your order takes place when we send the Invoice and at which point the Contract between you and us will come into existence. We usually send out invoices at the end of the Working Day and Goods will be collected by our courier next day for onward delivery to you.
    2. If you are a Proforma Account Customer: Once we have sent out the Sale Order Confirmation we will use reasonable endeavours to contact you by email and phone to take payment (by credit or debit card) or direct you to make a payment by BACS. You may also call us for this purpose. We can deal with order amendments at this time. Payment in advance is mandatory for Proforma Account Customers.  Acceptance: Our acceptance of your order takes place when we send the Invoice and at which point the Contract between you and us will come into existence. We usually send out invoices at the end of the Working Day and Goods will be collected by our courier same day for onward delivery to you next day.
  • (ii) Phone orders: You can call during Working Hours to place an order by phone. We will confirm the order back to you verbally during the call. After settling clarifications or if there are no issues with the order or your Account we will send out a Sales Order Confirmation (which includes these Terms by reference) by email. Where the order involves international delivery there may be a slight delay in sending out the Sales Order Confirmation whilst we source providers and prices. Please check the Sales Order Confirmation carefully and report any errors to us within one hour of our sending it to you. Errors reported after this time reduces our ability to assist you regarding amendment to the order or cancellation (see clause 5).
    1. If you are a Credit Account Customer: We will begin to process your order after one hour of sending the Sales Order Confirmation. Acceptance: Our acceptance of your order takes place when we send the Invoice and at which point the Contract between you and us will come into existence. We usually send out invoices at the end of the Working Day and Goods will be collected by our courier next day for onward delivery to you.
    2. If you are a Proforma Account Customer: Once we have sent out the Sale Order Confirmation we will use reasonable endeavours to contact you by email and phone to take payment (by credit or debit card) or direct you to make a payment by BACS. You may also call us for this purpose. We can deal with order amendments at this time. Payment in advance is mandatory for Proforma Account Customers. Acceptance: Our acceptance of your order takes place when we send the Invoice and at which point the Contract between you and us will come into existence. We usually send out invoices at the end of the Working Day and Goods will be collected by our courier same day for onward delivery to you next day.

3.3       If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email. If you are a Credit Account Customer and have already paid for the Goods on Account terms, we will apply a credit to your Account. If you are a Proforma Account Customer and have already paid for the Goods we will refund the card on which you paid as soon as possible or apply a credit to your Account (you can choose which). All refunds under this clause are for the full amount including any delivery costs charged.

  1. Delivery Dates, Incoterms, transfer of risk and title and international delivery
    • We send out Invoices around 5pm on the day before despatch of the Goods. Once you have received the Invoice Goods will be delivered to you within 24 hours (UK) or within the timescale advised to you for orders which involve international delivery.
    • Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 10 (Events outside our control) for our responsibilities when this happens.
    • Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
    • Title to the Goods shall not pass to you until the earlier of;
      • We have received payment in full (in cash or cleared funds) for the Goods in respect of which payment has become due in which case title to the Goods shall pass at the time of payment; and
      • you resell the Goods, in which case title to the Goods shall pass to you at the time specified in clause 6.
    • Until title to the Goods has passed to you, you shall:
      • store the Goods separately from all other goods you hold so that they remain readily identifiable as our property;
      • not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
      • maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and
      • notify us immediately if clause 9.1(c) or (d) apply to you.
    • Subject to clause 7, you may resell or use the Goods in the ordinary course of its business (but not otherwise) before we have received payment for the Goods. However, if you do resell the Goods before that time:
      • You do so as principal and not as our agent; and
      • title to the Goods shall pass from us to you immediately before the time at which resale by you occurs.
    • At any time before title to the Goods passes to you we may:
      • by notice in writing, terminate your right under clause 6 to resell the Goods or use them in the ordinary course of your business; and
      • require you to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if you fail to do so promptly we may, enter any of your premises or of any third party where the Goods are stored in order to recover them.
    • We use third parties to deliver Goods. If Goods are damaged in transit or there is a failure to deliver the Goods our liability to you is limited to liability limits set out in the provisions of terms between us and the delivery third party. For UK deliveries these terms are as set out in the Road Haulage Association Conditions of Carriage (see here). For international deliveries you can ask us for the applicable terms, as we use many different providers for this. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
    • Incoterms® applicable to your order will be as set out in a Sales Order Confirmation (where applicable) and Invoice.
    • International delivery: We deliver to most international destinations unless there are restrictions on certain Goods or international sanctions in place. Orders involving international delivery will always involve us checking prices from delivery agents and so we will be in touch with you in respect of these orders. Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount.  You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
    • Some international deliveries may be managed direct from the manufacturer of Goods or through our European agent in Belgium.
  2. Changes to an order, Cancellation, Return and Refund
    • We act to have an order ready for despatch as soon as possible and in accordance with the clauses above. If you wish to make changes to an order (cancel or add items) please contact us without delay. We will use reasonable endeavours to work through this with you but if the Goods have been readied for despatch or invoiced cancellations will not be possible and addition of items may require a new order to the processed.
    • Faulty or damaged goods. If you wish to return the Goods to us under this clause 5 because they are faulty or mis-described, please follow the procedure set out here and we refer to clause 4.5 (damaged goods) and clause 7 and 8 (faulty goods).
    • If, notwithstanding clause 5.1, we agree to cancellation and goods proceed to be delivered to you must return them to us without undue delay and in any event not later than 14 days after the day on which they were delivered. You can either send them back at your cost or we can arrange for collection but we will charge you for this collection by prepayment. On receipt of the goods in good order we will credit your Account or otherwise refund you on the credit card or debit card used by you to pay for the price of the Goods. Refunds will not include delivery charges.
  3. Price of goods and images
    • The RRP prices of the Goods will be as quoted on our Website. If you have an Account you will be able to see wholesale prices and wholesale prices will apply as shown at the time you submit your order irrespective of the method used. We take all reasonable care to ensure that the wholesale and RRP prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 4 for what happens if we discover an error in the price of Goods you ordered.
    • We may produce printed brochures, catalogues or leaflets (Brochures) showing Goods from time to time. We take reasonable care to ensure that the RRP and wholesale prices of Goods are correct at the time of printing but we are unable to update Brochures. Please refer to the Website to check RRP and wholesale prices before ordering.
    • The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
    • The price of the Goods does not include delivery charges.
    • We sell a large number of Goods. It is always possible that, despite our reasonable efforts some of the Goods on our Website may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
    • The images of the Goods on our Website and in Brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
    • The packaging of your Goods may vary from that shown on images on our Website or Brochures.
    • We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement or where required by our suppliers.
  4. Manufacturer’s guarantee

All of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable guarantees, please refer to the manufacturer’s guarantee provided with the Goods or ask us for these details.

  1. Our liability.
    • References to liability in this clause 8 includes every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise
    • We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
    • The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
    • These Terms also apply to any repaired or replacement Goods supplied by us to you.
    • Please see clauses 4.5 and 5.2 for our liability in respect of deliveries and damaged Goods.
    • Nothing in these Terms limits or excludes our liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      • any other liability that cannot be limited or excluded by law.
    • Subject to clause 6, we will under no circumstances be liable to you for:
      • any loss of profits, sales, business, or revenue; or
      • loss of business opportunity;or
      • loss of anticipated savings;or
      • loss of goodwill;
      • loss you may have incurred with a third party;
      • any indirect or consequential loss;
      • any loss which would be covered by a manufacturer’s guarantee;
      • any loss outside of that which we can claim back from a courier on your behalf.
    • Subject to clause 6, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the net price of Goods as set out in the Contract.
    • Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
  2. Termination
    • Without limiting any of our other rights, we may suspend the supply or delivery of the goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
      • you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 10 days of you being notified in writing to do so;
      • you fail to pay any amount due under the Contract on the due date for payment;
      • you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      • your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    • Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
    • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
  3. Events outside our control
    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    • If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      • we will contact you as soon as reasonably possible to notify you; and
      • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
    • You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
  4. Communications between us
    • When we refer to “in writing” in these Terms, this includes email.
    • Any notice or other communication given under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
    • A notice or other communication is deemed to have been received:
      • if delivered by hand, at the time the notice is left at the proper address;
      • if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      • if sent by email, during our Working Hours or otherwise the working hours of the recipient or if outside of these hours, on the next working day after transmission.
    • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    • The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  5. General
    • Assignment and transfer.
      • We may assign or transfer our rights and obligations under the Contract to another entity.
      • You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    • Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    • If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
    • Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    • Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    • Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.

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