TERMS OF TRADING 1. GENERAL:
PX Manufacturing & Distribution Company Limited, hereinafter called the 'Seller' only accepts Orders from the 'Buyer' of the goods, under the following terms and conditions repeated herein,
no other Buyer terms are accepted. No modification of these terms and conditions shall be effective unless agreed in writing and signed by a Director of the Seller. No binding contract shall be created by the acceptance of a Quotation or Offer made by the Seller until notice of the acceptance of the Buyers Order is given in writing by the Seller.
2. QUOTATION OF PRICES AND ORDERING:
All prices quoted by the Seller for goods to the Buyer are exclusive of VAT and are open for the period stated therein or when no period is so stated are open for acceptance for a period of 3 days from the date of quotation and
in all cases are strictly subject to stock remaining unsold. The Buyer agrees
that all items not in stock at the time of order will be cancelled off from the
Buyer's order and the Buyer is invited to re-order the Nil-Stock lines once
they are back in stock at the prices determined by the cost of new stock which
is subject to variation according to material cost at the time of manufacture.
3. DELIVERY:
Carriage to destination in UK mainland will be paid on all Standard Orders to
the value of 1500 GBP and over (or any other amount agreed in writing). Standard
Orders are classed as paletised weight of any single item not exceeding max of
1100kg per pallet. For orders less than 1500 GBP value (or any other amount agreed in writing) there will be a Delivery charge.
Non-standard orders are classed as: timed, out of hours, hiab, crane,
destinations to Islands and Highlands, or any single item exceeding 1100kg in
weight. Time of Delivery shall not be the essence and any delivery period quoted is an estimate only and commences from the Sellers acknowledgement of the Buyers Order. While every effort will be made to despatch goods by the date required no liability will be accepted for delay or failure to deliver from any cause.
4. LOSS OR DAMAGE IN TRANSIT:
The Buyer must notify the Seller and the Carrier in writing in case of:
- non-delivery within 7 days of Invoice.
- damage or shortage within 3 days of receipt.
Damaged goods and packing must be retained for inspection. Buyer shall quote the Invoice/Despatch document number in any
correspondence. All damages must be noted on the POD and signed for as "Received
damaged".
5. TITLE OF THE GOODS:
All merchandise supplied by the Seller is supplied strictly upon terms that the property in such merchandise and the title there to does not pass to the Buyer (whether or not he has taken delivery of the goods or any part thereof) until the Seller has received in cash or cleared funds payment in full of the price of the merchandise and of all other merchandise agreed to be sold by the Seller to the Buyer and until such time as the property in the merchandise passes to the Buyer he shall ensure the good condition of such merchandise.
6. TERMS OF PAYMENT:
The time for payment shall be the essence of the contract. Payment shall be due 30 days from the end of the month of Invoice (or any other terms agreed in writing
and subject to satisfactory credit rating). The Seller reserves the right to charge interest before and after any judgment at 2% per month on any sum outstanding after the due date. Payment shall not be withheld on account of any claim by the Buyer against the Seller. The Seller reserves the right to suspend all or any new deliveries or to accept any new Orders, where payment for any Invoices has not been made by the due date and remains outstanding and in addition the Seller shall be entitled to claim damages from the
Buyer.
7. DEFECTIVE GOODS AND LIABILITY:
The Seller guarantee at its entire discretion to replace or repair faulty goods or refund the price paid at the Sellers absolute discretion. Providing the
faulty goods have not been caused by misuse, neglect, method of
storage, faulty installation, handling, testing or repair, or by alteration or accident. Without prejudice it is expressly agreed and understood by the Buyer that the Sellers liability in respect of defective or otherwise non-merchantable goods shall under no circumstances whatsoever, extend beyond the price paid for such goods and the Seller shall not be liable for any damages whether direct or consequential to the Buyer, its employees, his customers, or to any third party, or any consequential loss or loss of profit in connection with any goods supplied.
8. FORCE MAJEURE:
The Seller shall have no liability in respect of delay or failure to deliver or in performance of any obligation under the contract due to any cause outside the Sellers control.
9. RETURNS:
Goods will not be accepted back by the Seller for credit unless written approval has been obtained by the Buyer and in such cases goods should be returned to the Seller carriage paid
and subject to re-stocking fee. All cut-to-order goods are non-returnable.
10. LAW:
Any question relating to any quotation or any contract subject to these conditions or agreed variations is subject to English Law.
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