Europlas (PVCu) Terms and Conditions
EUROPLAS PVCU LIMITED CONDITIONS OF SALE
‘the seller’ means Europlas PVCU Limited
‘the purchaser’ means the person, firm or company to be supplied with Goods by the seller. Goods means the goods materials and/or other items to be supplied pursuant to the contract of sale and purchase of certain goods made between the Seller and Purchaser t which these conditions shall apply and which shall include and order issued there under.
THESE CONDITIONS SHALL PREVAIL OVER ANY INCONSISTENT TERMS OR CONDITIONS REFERRED TO IN THE PURCHASER’S ORDER OR IN CORRESPONDENCE OR ELSEWHERE UNLESS SPECIFICALLY AGREED TO IN WRITING BY BOTH PARTIES AND ANY CONDITIONS OR STIPULATIONS TO THE CONTRARY ARE HEREBY EXCLUDED OR EXTINGUISHED.
Quotations by the Seller shall not constitute an offer and the seller reserves the right to withdraw and or amend the same at any time prior to acceptance of the Purchaser’s order.
The prices payable for the Goods shall be those charged by the seller at the time of dispatch. The Seller shall have the right at any time to revise the quoted prices to take account of increase in costs including (without limitation) costs of acquisition of raw materials and of carriage.
- Accounts Terms of Payment
Payment of invoices shall be made in cash or by Bona Fide BACS/Chaps payments in sterling or credit card to the Sellers Bank Account when ordered or delivered/collected unless credit terms are offered by the Seller which will be exclusive to each individual purchaser. The Seller shall have the right to charge interest on overdue accounts at the rate of 3% above Bank of England minimum lending rate from time to time to run from the due date for payment thereof until receipt by the Seller of the full amount whether or not after judgement.
In the event of the Purchaser wishing to cancel an order for made to order or non-stock bought in goods, if the goods have already gone for manufacture or been purchased by the Seller, the Purchaser shall still be liable for the full invoice value of the goods. For off the shelf items the Seller reserves the right to charge a handling charge equal to the value of 25% of the original nett invoice value of the goods, exclusive of VAT
For made to order goods deposits are non-returnable in the event of the Purchaser cancelling the order. For stock items the deposit is returnable minus a restocking charge equivalent to 25% of the original full nett invoice value, exclusive of VAT.
- Time not being of the essence of the Contract delivery dates mentioned in any quotation or
acceptances form or elsewhere are approximate only and not of any contractual effect. The Seller shall not be under any liability to the Purchaser in respect of any delay in delivery howsoever arising.
- In the event of the Purchaser returning or failing to accept any delivery of the Goods in accordance with the contract the Seller shall be entitled at his option either to deliver and invoice the Purchaser for the balance of the Goods then remaining undelivered or to suspend or cancel further deliveries under the Contract.
- The Seller shall be entitled to store at the risk of the Purchaser any Goods which the Purchaser refuses to accept and the Purchaser shall pay all costs such as storage and any additional costs of carriage incurred as a result of such refusal or failure.
- In the case of the Contract or any order involving more than one delivery if default is made in payment on the due date then the Seller shall have the right to suspend all or any further deliveries pending or to terminate the Contract in its entirety by notice in writing to the Purchaser.
- In the case of any sale of Good FOB the Seller shall be under no obligation to give the Purchaser the notice specified in Section 32 of The Sale of Goods Act 1993.
- In the case of the Contract or any order involving more than one delivery if default is made on payment on the due date the Seller shall have the right to suspend all or any further deliveries pending payment or to terminate the contract in its entirety by notice in writing to the Purchaser.
- Goods Returns
In the event of goods being returned the Seller reserves the right to charge a restocking fee equivalent to 25% of the nett original invoiced value of the goods , exclusive of VAT , being returned. The goods must be in the original delivered condition and in the original packaging.
Title to the Gods shall pass to the Purchaser upon payment in full of the invoice price.
- Specifications by the Purchaser
The Purchaser shall indemnify and keep indemnified the Seller against all claims, costs, damagers and expenses incurred by or for which the Seller may become liable as a result of carrying out of any work required to be done on or to the Goods in accordance with the requirements or the specification of the Purchaser involving any infringement of any intellectual property right vested in another person, firm or company.
- The Seller shall not be liable for any shortage in quantity delivered nor for any defect in the quality or condition of the Goods nor for any failure of the Goods to comply with any specification unless a claim in writing shall have to be lodged with the Seller by the Purchaser.
- In the case of shortage or damaged goods within 2 days of delivery.
- In the case of defects, within 7 days of delivery
- In the event of any shortage defect or failure as after-said the Seller shall make good the shortage and or as appropriate replace free of charge and Goods found to be defective by reason o faulty material or workmanship provided that as a condition thereof the Seller may require the Goods concerned to be refunded to the Sellers works carriage paid within one month of the discovery of the defect.
- Should the Purchaser decide to return the goods due to over estimates o quantity required, the Seller does not guarantee to accept the goods for returns even if they are in good condition and they are accepted a restocking charge will be levied. Any items over 28 days from the date of invoice and discontinued batched items will not be accepted for restocking.
- The Purchaser is at liberty to process the Goods as he sees fit. Such operation being outside the control of the Seller he cannot assume responsibility for the performance of the Goods once processed and is for the Purchaser to satisfy himself as to the suitability of the Goods WITHOUT PREJUDICE THE FOREGOING PARAGRAPHS OF THE CONDITION ALL CONDITIONS OR WARRANTIES IMPLED BY STATUTOE COMMON LAW OR OTHERWISE AS TO THE QUALITY OR FITNESS FOR PURPOSE OF THE GOODS WHETHER BEFORE OR AFTER PROCESSING ARE EXCLUDED FURTHERMORE THE SELLER SHALL BE UNDER NO LIABILTY TO THE PURCHASER FOR ANY LOSS DAMAGE OR INJURY DIRECT OR INDIRECT RESULTING FROM DEFECTIVE MATERIAL FAULTY WORKMANSHIP OR OTHERWISE HOWSOEVER ARISING OUT OF THE CONTRACT AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE SELLER HIS SERVANTS OR AGENTS.
- Any information or recommendation by the Seller in relation to the Goods is given in good faith but the Seller shall not be liable to the Purchaser in respect of any loss or damage arising thereon however caused.
- Licences or consents
If any licence or consent of any government or other authority shall be required for the purchase or importation for the Goods by the Purchase, the Purchaser shall obtain the same at its own expense and if necessary or so required produced evidence of the same to the Seller on demand.
- Force Majeure
The Seller shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser as a direct or indirect result of the Seller being prevented, hindered or delayed in the manufacture of the Goods or their delivery by normal route or means of delivery by reason of any act of God, riot, strike, lockout trade dispute or labour disturbances accident breakdown of plant or machinery, fire or flood and/or difficulty in obtaining work persons materials or transport or any other circumstances outside the control of the Seller.
If the Purchaser enters into a deed of arrangement or compounds with their creditors or if a receiving order is made against the Purchaser (being a company) or the Court shall make an order that the Purchaser be wounded up other than for the purposes of the amalgamation or reconstruction or if a receiver shall be appointed of any assets or undertaking of the Purchaser or if circumstances shall arise which entitle the Court or a creditor to appoint a receiver or manager or which entitle the Court to make a winding up order or if the Purchaser takes or suffers any similar action in consequence of debt or commits any breach of any part of the contract the Seller may stop any Goods in transit and suspend further deliveries and by notice to the Purchaser may forthwith determine the Contract without prejudice to any existing claim.
The failure on the part off 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 as to bar the exercise or enforcement thereof at any time or times thereafter.
Any notice required to be given hereunder in writing shall be deemed to have been truly given if sent by prepaid first class or email addressed to the party concerned at its principal place of business last known address.
Headings to any of these Conditions are included to facilitate reference only and shall not affect the constitution.
- Governing Law
The Contract shall be governed by and interpreted in accordance with the laws of England & Wales and for any purpose of any dispute arising out of or in connection with the contract the parties hereby submit themselves to the jurisdiction of the Welsh courts.