1.1 "you or your" means any person firm or company buying goods from us.
1.2 "we, us or our" mean Principality Plastics and Hardware
1.3 "these conditions" means the terms and conditions of sale set out below and any special terms and conditions agreed in writing by us with you.
1.4 "goods" means the goods supplied by us to you.
1.5 any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.6 the headings in these conditions are for convenience only and will not affect their interpretation.
2. The agreement between you and us
2.1 These conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions which you propose should apply under any purchase request or order, confirmation of order or any similar document.
2.2 No variation to these conditions shall be binding upon us unless that variation has been agreed in writing by our authorised representatives and you.
2.3 Our employees or agents are not authorised to make any representations concerning the goods unless confirmed by us to you in writing. In entering into any contract to buy goods you acknowledge that you do not rely on any such representations which are not so confirmed.
2.4 Any advice or recommendation given by us or our employees or agents to you or your employees or agents as to the storage, application or use of any goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk and we will not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us will be subject to correction without any liability on our part.
2.6 Dispatch or delivery of the goods by us to you will be deemed to be conclusive evidence of your acceptance of these conditions.
2.7 All orders for goods shall constitute an offer by you to purchase those goods from us pursuant to these conditions.
2.8 All specifications, dimensions, descriptions and illustrations contained in any sales literature, quotation, or price list or other advertisement matter are intended merely to present a general idea of the goods that we sell. We reserve the right from time to time to make changes to these provided that these changes will not materially affect the quality or fitness for purpose of the goods you Purchase from us.
3. The Price and Payment
3.1 Unless otherwise stated the price for the goods shall be the price stipulated in our published price list current at the date of delivery of the goods. The price is exclusive of any VAT which shall be due at the rate ruling on the date of our VAT invoice.
3.2 If we give you a quote for any goods this will be binding on us provided you accept the quote within 30 days. We may by giving you notice at any time up to 7 days before delivery increase the price of the goods to reflect any increase in the cost to us which is due to factors occurring which are beyond our reasonable control (including without limitation foreign exchange fluctuations, taxes and duties and the cost of labour, materials and other manufacturing costs). You may cancel the purchase order for the goods within 7 days of any such notice. The price is exclusive of VAT which shall be due at the rate ruling on the date of our VAT invoice.
3.3 We may in our absolute discretion allow you a credit facility which will always be subject to a specified limit inclusive of VAT. We reserve the right to withdraw that credit facility without notice for any reason. All invoices issued for goods purchased using your credit facility must be settled in full 30 days from their date failing which the invoice total or any unpaid portion will attract interest at 4 per cent per annum over the base rate of Barclays Bank plc subject to a minimum level of 16 per cent per annum,
3.4 Unless you have a credit facility the price for the goods must be paid in full on or before the date of delivery by any one of the following methods:-
(ii) certified Building Society cheque
· banker's draft
· credit card
Personal or business cheques are not acceptable forms of payment where payment due to us is made at the time of delivery of the goods.
3.5 If for any reason you fail to make payment as required by these terms and conditions, then with effect from the date of delivery of the goods to you, the balance of the price will bear interest at the rate of 4 per cent per annum over the base rate of Barclays Bank plc subject to a level of 16 per cent per annum.
3.6 If any bank charges are incurred as a result of failure for any reason of your paying bank to honour any payment made by you you will reimburse us within 7 days of such charges being notified to you and any such sums shall constitute a debt payable immediately on demand.
3.7 If you fail to make any payment on the due date then without prejudice to any other remedies we have we may:-
3.7.1 suspend or cancel deliveries of any goods to you; and/or
3.7.2 appropriate any payment made by you to such goods (or any other goods supplied or to be supplied to you as we in our sole discretion think fit).
3.8 Payment of the price is of the essence.
4. Delivery or collection of the goods
4.1 We will deliver the goods to the address specified by you provided that address is within the United Kingdom Mainland. Any charges for delivery will be notified to you when you place your order. These charges must be paid with the price or added to any credit facility you have with us.
4.2 If you tell us you intend collecting the goods yourself from our premises we will notify you of this and of the times they can be collected. Where we deliver the goods to you the content of condition 4.4 shall apply. In all other cases if you fail to collect the goods within 28 days of this notification we will write to you informing you that unless you arrange to collect the goods within a further 14 days we will re-sell the goods and deduct from any sums held by us any loss of profit together with a reasonable sum for the costs of storage and administration charges.
4.3 We reserve the right to charge a reasonable fee for any delivery/collection that you cancel once a delivery date has been agreed. You must pay this to us before we will make any further attempt to deliver/collect the goods.
4.4 It is your responsibility to ensure your own availability to take delivery once a delivery date has been agreed. It is also your responsibility to ensure there is adequate access to the premises where the goods are to be delivered. If either you or someone on your behalf is not available to take delivery or if as a result of inadequate access for any reason we are unable to deliver the goods you will be required to pay a further delivery charge before any further attempt to deliver the goods is made. We reserve the right to retain all delivery charges once a delivery date has been accepted.
4.5 We may deliver the goods by separate installments. We may raise a separate invoice and require payment for each installment. Failure or refusal by you for any reason to pay for one of more of the said installment on the due date shall entitle us (at our sole option):-
· without notice suspend further deliveries of goods pending payment in full; and/or
· treat the contract between you and us as repudiated.
4.6 Any dates we give you for delivery of the goods are approximate only and we will not be liable for any delay in or non-delivery of the goods however this is caused. The goods may be delivered by us in advance of any estimated delivery date upon reasonable notice.
4.7 Unless you are a consumer we do not accept liability for any loss or damage suffered by you in consequence of any failure or delay in delivery.
4.8 The goods will be at your risk from delivery which shall be deemed to have taken place:-
4.8.1 if we have delivered the goods, when they are unloaded from our vehicle and (where reasonably practicable) placed in the property specified by you or unloaded into the possession of your nominated carrier. Any such carrier will be deemed to be your agent.
4.8.2 if you undertake to collect the goods, when the goods are loaded into your vehicle or that of your designated carrier at our premises or other location. Again any such carrier will be deemed to be your agent.
4.8.3 Once goods are signed for they are deemed the responsibility of the customer. The customer is responsible for any damage to goods in their posession. Where possible all goods should be checked before being signed for.
5. Ownership of the Goods
5.1 Ownership of the goods will not pass to you until we have received in cash or cleared funds payment in full of the price of the goods together with any delivery or other charges you are required to pay.
5.2 Where the contract between us for the sale and purchase of the goods has been cancelled for any reason the goods will become our property (where ownership has already been transferred to you) though you must take reasonable care of the goods until we have collected them from you.
5.3 In the event that you sell the goods before you have paid for them you are deemed to sell them on our behalf and the proceeds of any such sale will belong to us.
6. Bringing a Claim
6.1 We ask that you inspect the goods as soon as reasonably possible after delivery. You must notify us within two working days of delivery of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. You must allow us an opportunity to inspect the goods within a reasonable time after delivery and before you make any use of the goods. If you fail to comply with these provisions the goods will be conclusively presumed to be in accordance with the agreement between you and us and free from any defect or damage which would be apparent on a reasonable examination of the goods and you will be deemed to have accepted the goods.
6.2 Unless you buy the goods as a consumer, if the goods are not in accordance with the agreement between you and us for any reason, your remedy shall be limited to requiring us to make good any shortage defect damage or failure to comply with description or sample by either replacing the goods or, if we elect to do so, by refunding a proportionate part of the price.
7. The extent of our liability to you
7.1 The goods will be manufactured in accordance with our current specification relating to the goods details of which are available on request or otherwise in accordance with your own requirements.
7.2 Our liability to you whether for breach of contract or otherwise shall not in any event exceed the price of the goods and we will have no liability for any direct loss and/or expense or indirect loss and/or expense suffered by you or any liability to third parties incurred by you.
7.3 All warranties and conditions whether implied by statute or otherwise are excluded provided that nothing will restrict or exclude liability for death or personal injury caused by our negligence or affect the statutory rights of a buyer dealing as a consumer.
7.4 We will not be liable to you or deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the goods, if the delay or failure was due to any cause beyond our reasonable control. The following shall be regarded as a non-exhaustive list of causes beyond our reasonable control:-
7.4.1 act of God, explosion, flood, tempest, fire or accident;
7.4.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
7.4.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
7.4.4 import or export regulations or embargoes;
7.4.5 strikes, lockouts or other industrial action or trade disputes whether involving our employees or those of any third party;
7.4.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
7.4.7 power failure or breakdown in machinery.
Once an order for goods has been accepted it can only be cancelled in our absolute discretion and subject to such terms as we shall impose.
9. Returns Policy
9.1 No goods delivered to you which are in accordance with the contract will be accepted for return without our prior written approval on terms to be determined at our discretion.
9.2 We agree to accept any such goods for return you will be liable to pay a handling charge of 20 per cent of the invoice price. Such goods must be returned by you carriage-paid to us in their original shipping carton.
9.3 Goods returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any rights or remedies we have.
10.1 No waiver by us of any breach of these conditions shall be considered as a waiver of any subsequent breach of the same or any other provision of these conditions.
10.2 These conditions and/or contracts between will be governed by and construed in accordance with English law.
10.3 If any provision of these conditions is held to be invalid or unenforceable in whole or in part, the validity of any other provision of these conditions shall remain unaffected.
11. Image disclaimer
The images and illustrations used on this website are intended for visual representation only. Due to the nature of the internet, true representations of the products and illustrations is virtually impossible. Differing types of file compression (used in creating small file sizes for efficient web viewing) can cause loss of image clarity, colour variations, differing brightness and contrast and even slight blurring can occur.
Other factors which can contribute to differing image colour representation include: The use of different monitor types, ages, configuration and monitor quality. As well as different web browser types.