Terms and Conditions of Sale

We make all offers and accept all orders only upon and subject to the following terms and conditions which shall form part of any Contract concluded between us to the exclusion of any other terms and conditions except as specified on the face of our quotation or as otherwise agreed in writing by our authorised signatory.

 

1. General

1.1 All offers remain open for acceptance within 30 days after the date of our quotation and subject to availability of the goods at the date of issue of our acceptance of order or confirmation of Contract.

1.2 Acceptance must be by way of unqualified acceptance of our written quotation and its contents and these terms and conditions. Descriptions, specifications, drawings and particulars of weights and dimensions contained in our catalogues, advertisements and other literature are approximate only and form no part of the contract.

1.3 All extras and accessories ordered but not specified in our quotation will be charged separately as will costs of all test adjustments, alterations, additions and other work undertaken at the Buyer’s request.

1.4 Unless expressly accepted by our authorised signatory in writing any qualification or amendment of these conditions (whether in the Buyer’s order or acceptance of our offer or otherwise) shall be invalid.

1.5 No binding contract will be created by the Buyer’s acceptance of our offer until our written confirmation of the Contract/Order has been dispatched to the Buyer which confirmation will include these terms and conditions of sale.

1.6 Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.

 

2. Consequential Loss or Damage

2.1 Save as expressly provided in these conditions we shall be under no liability whatsoever in respect of any loss, damage, injury or expense whatsoever arising from any defect in the goods and in particular (but without prejudice to the generality of the foregoing) we shall not be liable for any consequential damage or expense or any loss of profit or any liability to third parties incurred by the Buyer in consequence of such defects. Nothing in these conditions shall apply to exclude or restrict any liability which cannot be excluded or restricted by virtue of the Unfair Contract Terms Act.

2.2 The Buyer will indemnify us in respect of any liability, loss, claim or proceeding whatsoever arising whether under Statute or at Common Law in respect of any damage to property or the death of or injury to any person caused by or by the use of any goods sold by us to the Buyer unless, in the case of death or personal injury only, such death or injury shall be proved to have been caused by our negligence or that of our employees.

 

3. Warranties

All implied warranties are hereby excluded to the fullest extent permitted by law and only such warranties as are expressly given by us shall apply to this contract.

 

4. Prices

4.1 All prices are in £ sterling unless otherwise stated.

4.2 All prices are subject to variation at the time of invoicing due to changes in the exchange rate. Should the exchange rate have varied beyond the quoted window between the time of quotation and the time of invoicing then the seller reserves the right to modify the price accordingly.

4.3 Import duty where applicable is included in the prices. The actual level of import duty applied may vary from time to time.

4.4 Unless otherwise stated all prices quoted are for goods ex. our works. Packing and carriage costs will be charged extra for the Buyer’s account.

 

5. Payment and Title to Goods

5.1 It is a condition of this contract that payment is made on one of the following bases

5.1.1 In certain cases, in full within 30 days of invoice date. Such accounts will only be opened after credit investigations at our sole discretion have been satisfactorily completed.

5.1.2 As set out in our quotation.

5.2 Until full payment has been received by us, as specified in our quotation, PI shall retain the ownership of the goods and the Buyer shall

5.2.1 Hold them as bailee only and shall not sell, part with or modify them in any way nor incorporate them into any other machine or device in such a way as to destroy or obscure their identity, and

5.2.2 Insure them for their full contract value against “All Risks” with an underwriter or insurance company approved by us, our interest to be noted on the Policy and a Certificate to this effect is to be produced to us on request.

5.2.3 Store them separately from all other goods and in such a way and place that they may at all times be clearly identified as our property.

5.2.4 Until such time as the property in the goods passes to the buyer, the buyer shall hold the goods as the seller’s fiduciary agent and bailee. The buyer shall account to the seller for the proceeds of sale or otherwise of the goods, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the buyer and third parties.

5.3.1 In the event of a failure by the Buyer to pay for the goods and/or the commission of an act of bankruptcy and/or the commencement of any proceedings to wind-up the Buyer where the Buyer is a Limited Company, then we reserve the right to enter the Buyer’s premises or any other place where the goods might be, without notice, in order to re-possess the goods.