- Terms and Conditions
Terms and Conditions
Every contract of sale and every contract to install or service our goods is made exclusively on the basis of these conditions which shall not be varied unless agreed in writing by us. We reserve the right by written notice to amend or vary these conditions at any time before acceptance of delivery or payment for the goods. Acceptance of delivery or payment for the goods shall constitute acceptance of these conditions where this has not been communicated to us previously.
While every care has been taken to ensure that description, price and specification are correct at the time of going to press, we reserve the right to amend such details without notice.
Quotations are binding on us for a period of 30 days but may be withdrawn by us at any time within such period by written notice before acceptance
3. PRICES PAYMENT AND CHANGES
a) Unless otherwise indicated the prices quoted are net ex-works exclusive of value added tax.
b) We reserve the right to vary prices and discounts at any time before a contract is formed and if there is a variation in price which would result in an increase in the cost of your order as a whole we will give you written notice After the formation of the contract but before delivery or installation of the goods, the quoted price for the goods may be increased by us on giving written notice to you in accordance with prevailing market conditions which shall include but not be limited to any increase in the cost of labour or materials.
c) If you do not have an account with us you must pay for the goods and, where applicable, for packing materials carriage and insurance with any VAT thereon at the time of your order or otherwise before delivery.
d) If you wish to open an account with us you should supply United Kingdom trade and bank references. Credit accounts must be settled within 25 days after the end of the month in which the goods are invoiced and payment must be made strictly in accordance with invoice values.
e) We reserve the right to charge interest on a daily basis (both before and after any judgement) on the overdue amount of any account or invoice at the rate of 4% per annum above the base rate of Barclays Bank plc from time to time until payment is made in full.
f) If, after the formation of the contract but before the delivery or installation of the goods, improvements are made in the design of such goods, we may on giving written notice to you, alter the design of the goods ordered by you provided that their quality and performance are not diminished, their price is not increased, except by mutual agreement, and their delivery is not unreasonably delayed.
4. DESPATCH DELIVERY AND INSURANCE
a) We will pack the goods at our expense in containers which we deem suitable. We will arrange for carriage and delivery on all consignments of goods. If a consignment is in excess of £150 net value on Shortlist items or £75 net value on all other items and is for delivery in the UK (with exception of Northern Ireland) such carriage will be at our expense. If a consignment is below £150 / £75 net value and </= 20kg then it will be subject to a small order charge of £10.50 (Consignments over 20kg £POA). This charge will be subject to review if freight costs are increased by more than 5%.
b) We reserve the right to cancel or delay delivery of the goods or to reduce the amount delivered if we are prevented from or hindered or delayed in delivering the goods due to any circumstances beyond our control including but not limited to war, fire, flood, civil insurrection, riot, act of God, industrial action (whether by our own or other employees), prohibition or restriction by a competent authority or failure of any person to deliver to us plant, machinery, materials or components.
c) Complaints about quantities, accuracy and defects on delivery must be made in writing within 8 days after receipt of the goods. Defects that have evidently arisen from defective material or faulty processing will be replaced or repaired as we deem appropriate. If no communication is received within a period of 8 days after delivery, the goods will be deemed to have been approved.
d) Despatch is at your risk and we will only arrange insurance on your written request and at your expense.
5. WARRANTY INDEMNITY AND LIABILITY
a) If the goods sold by us to you become defective within the period of 12 months after the date of delivery, we will repair or replace them at our option free of charge. Goods are defective within the meaning of this warranty if they fail to function properly when used for their intended purpose, due to a fault in material or workmanship caused by us. This warranty shall be invalidated if the goods are repaired, modified or altered other than by us or a person appointed or approved by us. The goods must be installed and maintained in accordance with our current instructions and recommendations. Defective goods must be promptly returned to us or to a person appointed by us carriage paid. Where we are notified that goods are defective and on inspection the goods are found not to be defective, you will pay us a reasonable charge for the work undertaken and for return carriage.
b) We will indemnify you against any liability to the proprietor of a valid patent in the United Kingdom which you may incur if your use or sale of the goods infringes any such patent provided that you notify us immediately of any claim of infringement made against you and at our request and expense co-operate in defending any such claim and do not without our previous written consent compromise any such claim or otherwise treat with the claimant.
c) The above indemnity will not apply if the infringement is caused by our using a design supplied by you or on your behalf or if the infringement is caused solely by the use or sale of the goods in combination with other goods or if the relevant use or sale of the goods would not have constituted an infringement at the date of their delivery by us or if you are under an obligation which prevents you from contesting the validity or scope of any relevant patent.
d) Except for and subject to any other provision of these conditions we will not be liable to you for direct or indirect loss (including but not limited to any loss of profits for whatever reason) or damage to person or property howsoever arising from the sale, use, installation or servicing of the goods or any defects therein save for cases of death or personal injury resulting from negligence where we are prevented by statute from excluding or restricting our liability.
6. RETENTION OF TITLE
We retain ownership of the goods until you have paid for them in full. You will take all reasonable measures necessary for the protection of the goods and you will insure them against all relevant risks. We reserve the right to recover the goods by entry on your premises or otherwise if payment is not duly received.
7. DOCUMENTATION INTELLECTUAL PROPERTY & TECHNICAL ADVICE
a) Dimensions specified by us are to be treated as approximate only unless we receive written notice from you that exact measurements are required.
b) Unless otherwise agreed in writing, any sale of the goods shall not be a sale by sample or samples of the goods submitted by us and any descriptions, illustrations or examples of the goods shall be treated as showing their type, class and general character only and not as implying any conditions or warranties as to their substance, quality or performance so that any failure of the goods to conform with such descriptions, illustrations or examples shall not constitute a breach of contract on our part.
c) You are solely responsible for the correctness of any drawings and details supplied by you.
d) Our own drawings, instruction leaflets and similar documents or details remain our intellectual property and may not be copied in any way without our express written consent.
e) You will not do in relation to the goods any act to which Section 8 of the Trade Marks Act 1938 applies.
f) We may at our discretion provide you with technical advice relating to the goods manufactured or supplied by us or the use of them but this will only be on the basis that such advice is given at your risk and we will not incur any liability in, respect thereof.
8. QUANTUM MERUIT
If for any cause whatsoever and whether due to our breach of contract or otherwise the contract is only partly performed then we will be entitled to payment on a quantum meruit basis in respect of all work undertaken by us without prejudice to our other rights and remedies if the non-performance is caused by your default.
The cancellation of any order by you requires our express written consent. Complaints about a delivery do not entitle you to cancel the remaining deliveries of a particular order. If you become bankrupt or are unable to pay your debts as prescribed by Section 123 of the Insolvency Act 1986 or compound with your creditors or have a resolution passed or proceedings commenced for your administration or liquidation (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or have a receiver, manager, administrator or administrative receiver appointed of all or any part of your assets or undertaking we will be entitled to cancel the contract in wholes or in part by written notice without prejudice to our other rights and remedies.
The contract between us will be construed and operate in accordance with English Law and you submit yourself to the jurisdiction of the English Courts to which all disputes relating to the contract will be referred.
11. GOODS RETURN POLICY
a) Before goods are returned to PMA UK Limited a return note with an authorisation number must be obtained from PMA UK Sales Office, telephone 01264 333 527 or fax 01264 333 643. PMA reserve the right to inspect the goods prior to them being returned and where necessary this will be carried out by our regional sales manager.
b) A returns note with a unique reference number will be issued by fax, and must be included with the goods to enable us to identify, inspect and credit the items as soon as possible.
c) Returned goods must be suitably packaged, as goods damaged in transit, or goods which become separated and are not actually received will be refused credit. Furthermore, part packs and part coils will only be accepted if the goods are faulty or the incorrect items have been supplied.
d) Any goods returned to PMA UK Ltd without prior authorisation and relevant documentation will be refused and returned at the customer’s expense.
e) Please note that a handling charge of 25% will made on all goods returned, unless otherwise agreed.