TERMS AND CONDITION OF SALE
Validity – Any quotations remain open for acceptance within 30 days from date, unless otherwise agreed in writing.
Order Acceptance – The customer’s order is an offer and will not be binding until a confirmation of order has been issued. All verbal orders must be confirmed by the customer in writing prior to dispatch. A confirmed order may only be cancelled or varied with our written consent. We are under no obligation to accept cancellation of the contract.
Prices – The prices quoted are based on today’s cost of labour and materials, but we reserve the right to invoice at prices ruling at date of dispatch. Prices quoted are exclusive of VAT, which will be added when the goods are invoiced.
Payment Terms – Payment is due within 30 days of the invoice date, except where installation is included, in which case 50% of the total contract value shall be invoiced on delivery of our equipment and the balance after completion of installation. Contracts of large amounts will include provision for progress payments including a deposit due at the time of order. Interest may be charged at 5% per month on overdue accounts.
Retention of Title – The goods that are subject to this contract shall remain the property of Pellcroft until paid in full and if payment is overdue or the customer is insolvent, the right is reserved to enter the customer’s premises to recover them. If the customer has resold the goods then they shall hold in trust for us a proportion of the sale proceeds as are payable to us, or the customer shall grant access for recovery of goods wherever they are. The risk in the goods shall pass to the customer on delivery or collection.
Delivery and Force Majeure – Any forecast delivery date given by Pellcroft is an estimate and no liability is accepted, whether direct or consequential, for failure to achieve this delivery date. If delivery is delayed by some cause totally outside our control, we may then be allowed such extra time for delivery as is reasonable under the circumstances.
Delivery – Is deemed to have taken place when goods arrive at customers premises or such other place as may be agreed in writing.
Packing – Packing materials and cases, where supplied, are not returnable unless otherwise stated. If special arrangements are made, the packaging shall be returned to us within 30 days, carriage paid, at which point the customer will be credited in full if received in good condition.
Carriage – Unless otherwise stated, all prices are ex-works and an additional charge for carriage shall be added when the goods are invoiced. It is the responsibility of the customer to provide suitable equipment and manpower for off-loading.
Damage in Transit – Damage or shortage must be reported to us within three days of delivery. We shall not be liable for any loss which we are unable to recover from our carrier by reason of the customer’s failure to comply with this condition or any consequential losses.
Extra Cost – Should any work or order be suspended by reason of the customer’s instructions or lack of instructions, the contract price shall be increased to cover any resulting expenses incurred by us. Should forwarding instructions be withheld when the goods are ready and due for dispatch a suitable charge may be made for storage and insurance and the goods to be paid for as if dispatched. Any charge for storage or demurrage after dispatch must be paid for by the customer. Any costs incurred as a result of cancellation, alteration or re-scheduling will be charged to the customer.
Warranty and Liability – We undertake to repair or replace, at our discretion, free of any cost, any goods which prove to be defective in materials or workmanship within a period of one year from delivery (misuse and fair wear and tear excepted). Warranty for bought in items will be limited to that given by supplier or manufacturer. Except in the case of death or personal injury, our liability shall be limited to the total value of the contract. We shall not be liable for consequential loss, however caused. In the event that the company re-sells the goods to an end-user, he shall indemnify us against any claim from the end-user or third party arising out of the incorrect assembly, installation, operation, or misapplication of the goods. The customer must ensure that all work, including civil, mechanical or electrical is carried out to the current relevant E.C. legislation, British Standards of Safety and codes of practice, and indemnify us against claims in this respect.
Design Rights and Copyright – Unless specifically agreed in writing to the contrary, we shall retain all design rights on products supplied by Pellcroft Engineering Ltd. The ownership of copyright of all drawings provided prior to, during or after the execution of any order rests solely with Pellcroft Engineering Limited.
Drawings, Leaflets and Illustrations – All information or specifications provided in any form by us is given in good faith and does not form part of any contract. No guarantee is given for the accuracy of the information and performance contained therein and is not binding on us as to detail.
Return of Goods – We will not accept return of goods without prior agreement. A handling charge will be made for goods returned, carriage paid after agreement.
Law – The laws of England and Wales shall apply.