PX TERMS OF TRADING
PX Manufacturing & Distribution Company Limited, hereinafter called the 'Seller' only accepts Orders from the 'Buyer' of the goods, under the following terms and conditions repeated herein, no other Buyer terms are accepted. No modification of these terms and conditions shall be effective unless explicitly agreed in writing and signed by a Director of the Seller. No binding contract shall be created by the acceptance of a Quotation or Offer made by the Seller until notice of the acceptance of the Buyers Order is given in writing by the Seller and PX TERMS OF TRADING will always prevail over any other Buyers terms.
2. QUOTATION OF PRICES AND ORDERING:
All prices quoted by the Seller for goods to the Buyer are exclusive of VAT and are open for the period stated therein or when no period is so stated are open for acceptance for a period of 3 days from the date of quotation and in all cases are strictly subject to stock remaining unsold. The Buyer agrees that all items not in stock at the time of order will be cancelled off from the Buyer's order and the Buyer is invited to re-order the Nil-Stock lines once they are back in stock at the prices determined by the cost of new stock which is subject to variation according to material cost at the time of manufacture.
Carriage to destination in UK mainland will be paid on all Standard Orders to the value of 1500 GBP and over (or any other amount agreed in writing). Standard Orders will be delivered at any time between 8:00 AM and 6:00 PM on business days and are classed as palletised weight of any single item not exceeding max of 1100kg per pallet. For orders less than 1500 GBP value (or any other amount agreed in writing) there will be a Delivery charge. Non-standard orders are classed as: timed delivery (including pre NOON), out of hours, hiab, crane, destinations to Islands and Highlands, or any single item exceeding 1100kg in weight. Time of Delivery shall not be the essence of the contract and any delivery period quoted is an estimate only and commences from the Sellers acknowledgement of the Buyers Order. While every effort will be made to despatch goods by the date required no liability will be accepted for any delay or failure to deliver on time from any cause. For time critical deliveries the Buyer is invited to make their own delivery arrangements at their own risk.
4. LOSS OR DAMAGE IN TRANSIT:
The Buyer must notify the Seller and the Carrier in writing in case of: - non-delivery within 7 days of Invoice. - damage or shortage within 3 days of receipt. Damaged goods and packing must be retained for inspection. Buyer shall quote the Invoice/Despatch document number in any correspondence. All damages must be noted on the POD and signed for as "Received damaged".
5. TITLE OF THE GOODS:
All merchandise supplied by the Seller is supplied strictly upon terms that the property in such merchandise and the title there to does not pass to the Buyer (whether or not he has taken delivery of the goods or any part thereof) until the Seller has received in cash or cleared funds payment in full of the price of the merchandise and of all other merchandise agreed to be sold by the Seller to the Buyer and until such time as the property in the merchandise passes to the Buyer he shall ensure the good condition of such merchandise.
6. TERMS OF PAYMENT:
Credit terms are only offered on strict condition that Buyers satisfactory credit rating remains in place at all times. The time for payment shall be the essence of the contract. Payment shall be due 30 days from the end of the month of Invoice (or any other time agreed in writing). The Seller reserves the right to charge interest before and after any judgment at 2% per month on any sum outstanding after the due date. Payment shall not be withheld on account of any claim by the Buyer against the Seller. The Seller reserves the right to suspend all or any new deliveries or to accept any new Orders, where payment for any Invoices has not been made by the due date and remains outstanding or Buyers credit rating is reduced or removed by the Sellers Credit Insurance Company. The Seller shall be entitled to claim interest from the Buyer on the outstanding debt.
7. DEFECTIVE GOODS AND LIABILITY:
The Seller guarantees to replace or repair faulty goods or refund the price paid for the faulty goods. Providing the faulty goods have not been caused by misuse, neglect, wrong method of storage, faulty installation, handling, testing or repair, or by alteration or accident. Sellers liability in all cases will be limited to what is required by the statute namely Sales of Goods Act 1979 and Supply of Goods and Services Act 1982 and EU Product Liability Directive (85/374/EEC) and General Safety Directive (2001/95/EC) and any subsequent revisions to the law. Without prejudice it is expressly agreed and understood by the Buyer that the Sellers liability in respect of defective or otherwise non-merchantable goods shall under no circumstances whatsoever, extend beyond the price paid for such goods and the Seller shall not be liable for any damages whether direct or consequential to the Buyer, its employees, his customers, or to any third party, or any consequential loss or loss of profit in connection with any goods supplied.
8. FORCE MAJEURE:
The Seller shall have no liability in respect of delay or failure to deliver or in performance of any obligation under the contract due to any cause outside the Sellers control.
Goods will not be accepted back by the Seller for credit unless written approval has been obtained by the Buyer and in such cases goods should be returned to the Seller carriage paid and subject to re-stocking fee. All cut-to-order goods are non-returnable.
LAW: Any question relating to any quotation or any contract subject to these conditions or agreed variations is subject to English Law.