Terms And Conditions
CONDITIONS OF SALE FOR THE SUPPLY OF GOODS AND ASSOCIATED SERVICES BY P.B.R. ABRASIVES (W’TON) LTD
These general conditions shall apply to all quotations and contracts of sale for and on behalf of P.B.R. Abrasives (W’ton) Limited hereinafter called the “Company”.
1) All prices, multipliers and quantity discounts are subject to alteration without notice.
2) Prices stated are exclusive of VAT.
3) Minimum Order Value is £ 40.00 nett per delivery to one destination.
4) Account payment terms – strictly 30 days nett.
5) Unless otherwise agreed by the company in writing these conditions supersede any earlier sets of conditions appearing in the company’s catalogues or elsewhere, and shall override any terms and conditions stipulated, incorporated or referred to by the buyer whether in the order or in any negotiation and all guarantees, warranties or conditions (including any conditions as to quality or fitness for any particular purpose) whether express or implied by statute, common law or otherwise are excluded and hereby negatived.
6) Any date given for delivery is to be considered as approximate only and cannot be guaranteed. The company cannot be made responsible for any delays due to strikes, lock outs, trade disputes, accidents on land or sea, government interference or for any unforeseen circumstances and no claims for damage or compensation will be accepted.
7) In the event that the company is compelled to withdraw from any contract due to circumstances as mentioned in paragraph 6, this does not affect the right of the company to demand payment in respect of all deliveries made before the date that the contract is cancelled.
8) All prices are to be understood for delivery excluding carriage. All risks during transport from the company’s works are at the responsibility of the customer.
9) Where the goods are made to the customer’s specification, instructions or design, the customer undertakes full responsibility for the suitability and accuracy of the specification, instructions or design and undertakes to indemnify the company against any infringement of any patent, registered design, trade mark, trade name, or copyright and any loss, damage or expense which it may incur by reason of such infringement in any country.
10) Slight imperfections in colour, appearance and measurements are not to be the subject of a complaint. All complaints must be notified by the purchaser within three working days of receipt of goods. If the purchaser wishes to make a complaint at a later date because of defects hidden at the time of receipt despite a careful examination, the purchaser has the right to demand alteration, substitution or further delivery from the company’s works, if any defect is found by the company to comply with the original order, if practicable. Defects in any one delivery shall not be ground for cancellation of any remaining part of the agreement.
11) The decision of the company about any alleged defect shall be final and conclusive.
12) Any complaints or shortages must be notified immediately upon receipt of the goods, also any damage that may have occurred in transit. In the event of non-delivery, no claims can be entertained unless notice of such non-delivery reaches us within 14 days from date of advice.
13) Manufactured to order items will usually vary in final quantity by + / – 10% and over-deliveries on such items will not be accepted back for credit.
14) Upon delivery of the above goods to the intending purchaser the risk shall pass but the vendor shall remain legal owner of them until such time as the intending purchaser shall have paid to the vendor the full price thereof and the full price of any other goods and the subject of any other contract of sale between the intending purchaser and the vendor. The intending purchaser acknowledges that until such time he is in possession of the goods solely as bailee for the vendor and if so required shall store the goods separately from his own goods and in such a fashion as to be readily identifiable by the vendor.
15) Goods are only to be returned by the purchaser after obtaining prior consent from the company, and should be returned suitably packed to prevent any possibility of damage. The company will not be responsible for any damage that has occurred to returned goods during transit. Where agreed standard items will be credited less the handling charge of 20%. In the event of any product quality complaints credit will be made based on the findings of the investigation (see paragraph 11).
16) Any account that remains outstanding beyond a reasonable time, we reserve the right to pass the account to a third party. This would involve a surcharge of £ 20.00 and any other cost incurred in obtaining settlement. In addition, due to the high rate of interest we reserve the right to add 20% interest to outstanding amounts of more than 90 days.
17) The attention of the customer is drawn to the provisions of section 6 of the Health & Safety at Work etc Act 1974. This ensures that as far as is reasonably practicable the goods will, when put to that use, be safe and without risk to health. The customer warrants that he will ensure that any person to whom he supplies the goods is made aware that such information is available.
18) The quoted price for the goods may be varied by the additions upwards by the company in accordance with the market conditions at the date of actual supply and the buyer shall pay such additions in addition to the quoted price. Without prejudice to the generality of the foregoing market conditions shall include any increase in the cost of labour and / or transport.
19) These conditions shall be subject to and construed in accordance with English law.
20) The proper law of all contracts with the company shall be English law which shall govern in all respects the construction and effects of such contracts and of these conditions. The customer agrees that in the event of any dispute arising out of the contract or the performance thereof he will submit to the jurisdiction of the English Courts.