P.C.S. (Welding) Ltd TERMS &
CONDITIONS
CONDITIONS
OF
The following
standard conditions shall govern all transactions except as otherwise
specifically stated. The “Company” is PCS (Welding) Ltd.
1
Quotations
Quotations are subject to confirmation on receipt of order,
such confirmation shall be deemed an acceptance of order.
2
Terms
(A)
Terms of Payment are
strictly nett 30 days.
(B)
Any discounts given are
subject to receipt of payment within foregoing terms
(C)
The Company reserves the
right to charge interest on overdue accounts, the rate
will be calculated at 5% above the base rate, the base rate as published by
Barclays Bank plc,
(D)
Orders with a nett invoice value of less than £10.00 are subject to a
small order surcharge.
(E)
An order cannot be
cancelled after acceptance by mutual agreement and then only on terms, which
would fully indemnify the Company.
3
Delivery
and passing of property and risks
(A)
The goods shall be
delivered as soon as ready.
(B)
While every effort will be
made by the Company to effect delivery in accordance with any pre-arranged
dates, no guarantee as to dated delivery is to be
implied and the Company will not accept liability for any loss or damage occaisioned by delay in delivery however caused.
(C)
Delivery shall be deemed to
be effected and risk in the goods shall pass to the buyer after the goods have
been dispatched to or collected by the buyer.
(D)
4
Warranties
(A)
The Company warrants that
the goods delivered to the buyer shall be of merchantable quality and shall
comply with the specification of description referred to in the contract.
The Company’s liability under the said warranty is limited to the price of the
goods proved to be defective, and for this purpose the price shall be deemed to
be the price the goods invoiced less that portion of the invoice which relates
to the packing and delivery charges.
(B)
Save as the aforesaid all
express or implied conditions statements or warranties, statutory or otherwise,
as to quality or correspondence with description or sample or fitness for any
purpose of the goods are hereby expressly excluded and to ensure that the goods
are suitable for any particular purpose they should be tested before use or
resale.
(C)
All recommendations and
advice given by the Company or its servants or agents to the buyer or the
servants or agents of the buyer as to the mode of storing, applying or using
the goods are given without liability on the part of the Company or its
servants or agents and no responsibility will be accepted by the Company for
any injury, loss or damage whatsoever arising directly or indirectly from the
goods storage application or use.
5
Consequential
Loss
No responsibility is accepted for any consequential loss or
damage arising directly or indirectly, whether due to negligence or any other
cause whatsoever, out of goods supplied nor for equipment to which alterations
or attachments have been made whether for resale as a composite or otherwise,
unless such alterations and attachments are made with the prior consent of the
Company in writing.
6
Price
Increases
The Company reserves the right, by notice given at any time
before delivery, to increase the price of goods if there is any increase in the
price or cost of such goods to the Company, exchange fluctuations, currency
regulations and alterations of duties beyond the control of the Company.
7
Notification
Of Damage, Loss or Shortage
(A)
All claims for damages or
partial loss of goods in transit must be submitted in writing to the carrier
and the Company within three days of delivery.
(B)
All claims for non-delivery
of the whole consignment of or any separate package forming part of a
consignment must be submitted in writing to the carrier and the Company within
10 days of receipt by the Buyer or the Buyers Agents of the Company’s Invoice
or advice note whichever is the earlier. In the absence of notification
of claims within the times mentioned above, the goods shall be deemed to have
been delivered in accordance with the contract.
(C)
No claims for shortages
will be considered unless the Company is notified of any such shortages within
48 hours of delivery.
8
Returns
The Company may, at its prior option, accept return of all or
part of the stock products sold to the buyer provided that such products are
returned carriage paid to the Company’s address in such condition as the
Company shall to their reasonable satisfaction consider undamaged and
immediately saleable. The Company will refund the purchase price to the Buyer
less carriage costs and a re-stocking charge of 20% of the said purchase
price. The Company also reserves the right to make a reasonable charge
for any repairs or refurbishing that may be necessary to the products. In
no circumstances will the Company accept the return of non-stocked or
specifically manufactured or purchased products.
9
Ownership
and Risks
(A)
The ownership of the goods
to be sold under these conditions of sale will only be transferred to the Buyer
when it has paid all that is owing to the seller no matter on what grounds.
(B)
Until the date of payment
the Buyer shall keep the said goods in its capacity as fiduciary owner for the
seller store the said articles in such a way that they are clearly our
property.
(C)
Risk in the goods shall
pass on delivery.
10
Variations
The aforementioned conditions or any of them cannot be varied or
suspended or added to except with the prior written agreement of the Company.
11
Legal
Construction
The contract shall be governed by the laws of