Terms & Conditions
PVC Building Supplies Ltd
TERMS AND CONDITIONS OF SALE
(a) The following applies to all sales of goods by any member or agent of “PVC Building Supplies Ltd”, hereafter referred to as either the “Seller” or the “Company”. They shall prevail over other terms and conditions contained in or referred to within the buyers order or in correspondence or elsewhere or implied by trade custom, practice or course of dealing unless a director of the seller specifically agrees such other terms and conditions in writing. The sellers agents do not have authority to change, enlarge, vary or exclude any of these conditions.
(b) The headings appearing above each condition are included for reference only and shall not effect interpretation of the conditions.
(a) A quotation by the seller shall constitute an invitation to treat and not an offer. The seller may withdraw or amend any quotation prior to seller’s acceptance of buyers order.
(b) Any advice given in respect of quantities needed or suitability of any goods given for a particular purpose given by the seller or its servants or agents will be treated as without obligation or responsibility on the part of the seller and the buyer shall be entirely responsible for ascertaining the goods fitness for purpose.
(a) Quotations are given subject to manufacturer’s price at the time of quote and may vary at date of supply.
(b) The price payable shall be that contained within either the order acknowledgement (issued by seller) or if time does not allow such acknowledgement the invoice. Where an order is received within the validity period of quotations relating, the contract price shall be as laid out within such quotations.
(c) All prices contained within any price list issued by the seller are subject to change without notice to the customer.
(d) Unless otherwise agreed in writing all prices quoted by the seller shall be deemed exclusive of VAT which shall be payable in addition by the buyer at the rate prevailing at the point of invoice.
(a) Credit accounts shall be opened at the discretion of the company.
(b) The customer shall pay for the goods by the last day of the month following that in which the goods were supplied.
(c) All accounts shall be NETT.
(d) A maximum amount of credit allowable shall be set upon each account and the company reserves the right to withdraw credit facilities upon any account exceeding the said limit.
(e) The company reserves the right to withdraw credit facilities at any time and collect payment in full of all monies due on the account at that time.
(f) For all other transactions quotations shall be for cash with order. If cash is not paid with order the seller shall have the right to require cash on delivery.
(g) Without prejudice to sellers right to enforce payment: If the buyer fails to make payment as hereinbefore provided the seller shall be entitled to charge interest on any balance outstanding from the date that the same became due for payment at the rate for the time being payable on High Court Judgement debts pursuant to section 17 of the Judgements Act 1838.
(h) If in the case of any sales involving more than one deliver default is made in payment on the due date, the seller shall have the right forthwith to suspend any further deliveries for this contract or others with the buyer until payment; or written notice to the buyer to terminate the contract in its entirety, whether or not the same is severable.
(a) Delivery of goods shall be deemed to have occurred upon such time as the buyer collects or causes the goods to be collected, or the seller arrives at agreed location with the goods.
(b) Time shall not be the essence of the contract.
(c) Delivery will be made to the point where (in the opinion of the driver) the vehicle is safe to travel closest to the required address.
(d) Unloading is the responsibility of the buyer.
(e) If the buyer refuses to accept delivery of goods ordered the seller shall be entitled to payment in full and cost of return transport/storage.
(f) The seller shall not be held liable for any loss or damage suffered by the buyer due to delay in performance of the contract, for whatever reason.
(g) The buyer is to ensure that an authorised person is available to receive and sign for goods delivered.
(a) The risk in the goods shall pass to the buyer upon delivery.
The risk in any sold goods shall pass from the seller to the buyer upon delivery of such. Notwithstanding delivery and passing of risk, title in the sold Goods,
including legal and beneficial ownership, shall not pass to the buyer until the seller has received the in cash or cleared funds payment in full for all goods supplied to the buyer under this and any other contract. Payment of the full price shall include any interest and costs or other sum payable.
8. SELLER’S LIABILITY
(a) The seller does not accept liability for shortages in quantities delivered unless the buyer notifies the seller of any claim for same within 2 working days of delivery. In such circumstances seller’s liability shall be limited to making good the shortage.
(b) The seller agrees to repair or replace any goods that in the opinion of the seller are defective due to manufacturing fault, but only if same is reported within 2 working days of delivery. The seller is not responsible for costs of removal of goods from installed or affixed place or making good or re-installing/affixing replacement goods or any transportation charges relating to the goods return, unless agreed in writing previously with a director of seller.
(c) Seller shall not be liable for any loss (including consequential loss) damage or delay or expense of any kind whatsoever and howsoever caused. Seller accepts liability for death or personal injury to the extent that it results from negligence of the seller.
(d) If the buyer is dealing as a consumer as defined by section 12 of the Unfair Contract Terms Act 1977, the seller does not exclude liability for obligations arising under sections 13, 14 and 15 of the Sale of Goods Act 1979 or under sections 9, 10 and 11 of supply of Goods (implied terms) Act 1973.
9. RETURN OF GOODS TO SELLER
(a) The seller will exchange or credit STOCK goods if in clean and saleable condition where returned to the sellers place of business (carriage paid by the buyer) when accompanied by a proof of purchase, return of such goods will be subject to a handling charge.
(b) The following articles will not be credited or exchanged by the seller:
i. articles cut or altered by the buyer or the seller (at buyers request)
ii. articles ‘sold as seen’.
iii. articles purchased in excess of 6 months prior to date of return.
iv. articles no longer stocked by seller upon date of return.
v. any article that has been purpose made or altered for the buyer.
vi. any item not held as ‘Stock’ by the seller (this constitutes any specifically acquired by the seller as a result of an order from the buyer).
vii. any tools.
(a) Where goods are returned to the seller by the buyer on the day of delivery by the seller that meet the obligations of clause 9 the sellers account will be credited or payment refunded on that day.
(b) Where goods are returned to the seller by the buyer after the day of delivery by seller, a receipt for acceptance of same will be issued by the seller to the buyer and the buyers account will be credited or payment returned within 5 days.
11. CANCELLATION OF ORDERS
(a) The seller may in it’s sole discretion accept or reject the cancellation of any order once such an order has been accepted by the seller. The seller will under no circumstances accept cancellation of an order for goods which are to be specifically made or obtained.
12. FORCE MAJEURE
The seller shall be under no liability for any loss (including consequential loss), damage or expense of any kind whatsoever caused wholly or in part by an Act of God, outbreak of war, civil commotion, government policies or restrictions or control, including restrictions of export or import or other licenses, trade or industrial disputes of whatsoever nature, whether or not such dispute involves the seller, its servants or agents or by any other contingency whatsoever which is beyond the control of the seller.
13. BUYERS BANKRUPTCY OR INSOLVENCY
If the buyer makes a proposal for or enters into a scheme of arrangement or composition with his creditors or fails to comply with statutory demand for the repayment of a debt within the time therein allowed, or if (where the buyer is an individual or where the buyer is a partnership in the case of any individual partner) an application is made to the court under part viii of the Insolvency Act 1986 for an interim order for the purpose of a voluntary arrangement or an order is made for the administration of his estate pursuant to part vi of the County Courts Act 1984 or a bankruptcy petition relating to him is presented to the court , or he is adjudged bankrupt, or if (where the buyer is a company) a petition for an administration order is presented to the court pursuant to part ii of the Insolvency Act 1986 or the buyer passes a resolution or the court makes an order that it shall be wound up (otherwise taken for the purpose of amalgamation or reconstruction) or a receiver or administrative receiver is appointed of any of the assets or undertaking of the buyer or circumstances arise which entitle the court or a creditor to appoint a receiver or administrative receiver or (where the buyer is either a company or a partnership) which entitle the court to make a winding-up order or (whether the buyer is a
company, a partnership or an individual) the buyer takes or suffers any similar action in consequence of debt, the seller may stop any goods in transit and suspend further deliveries and may forthwith determine the contract without prejudice to the continuation of all the sellers rights hereunder and to any existing claim.
14. NON WAIVER OF RIGHTS
The failure by either party to the contract to exercise or enforce any rights conferred by the contract shall not be deemed to be a waiver of any such right nor operate so far as to bar the exercise or enforcement therefor at any time or times thereafter.
15. HEALTH AND SAFETY AT WORK ACT 1974
Certain products supplied by the seller could, if incorrectly used, give rise to health and safety. Information in respect of such products is freely available.
Without prejudice to any common law or statutory rights which the company reserves the right to determine the contract within the scope of the afore laid out conditions.
17. DATA PROTECTION
The Company takes the protection of your data seriously. Our Privacy notice can be found on www.pvcbuildingsupplies.com