PRO-TEK™ Flooring: Terms and Conditions
1. Terms of Payment
1.1 The Seller shall invoice the Buyer for the goods immediately following delivery.
1.2 If the Buyer fails to pay on the due date, the Seller shall be entitled to:
1.2.1 the immediate payment of all outstanding payments on the Goods or any other goods, services or works under any contract even if payment is not due and irrespective of any credit facilities;
1.2.2 charge the buyer interest at the rate of 2.5% per month on unpaid amounts until payment is made (a part of a month being treated as a full month) for the purposes of calculating interest); and
1.2.3 charge the Buyer the cost of recovery of any unpaid amount including any legal costs, disbursements and bank charges incurred.
2. Risk and Property
2.1 Risk of damage to or loss of the Goods shall pass to the Buyer on delivery. The property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for the Goods and all other goods for which payment is due.
2.2 Until the property in the Goods passes to the Buyer the Seller shall be entitled to require the Buyer to deliver up the Goods to the Seller and if the Buyer fails to do so, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
2.3 Until property in the Goods passes to the Buyer, the Buyer shall keep the Goods separate from those of the Buyer and any third party and properly stored, protected, insured and identified as the Seller’s property. If the Buyer sells the Goods before the Property has passed to the Buyer, the Buyer will account to the Seller for the proceeds of any such sale.
2.4 The Buyer shall not be entitled to pledge or in any way charge any of the Goods which remain the property of the Seller but if it does so all monies owing by the Buyer to the Seller shall forthwith become due and payable.
2.5 Where the Seller is unable to determine whether any goods are the Goods, the Buyer shall be deemed to have re-sold, or otherwise dealt with all goods of the kind sold by the Seller in the order in which they were invoiced to the Buyer.
3.1 This clause applies if:
• the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
• an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
• the Buyer ceases, or threatens to cease, to carry on business; or
• the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
3.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the prices shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
All orders accepted subject to the conditions that prices charged will be those ruling at the time of despatch.
Cancellations which must be confirmed in writing can only be accepted prior to goods being picked or dispatched.
When goods are returned solely on the account of customer error, we will only issue credit amounting to that obtained for the goods on resale less 20% handling charge. In cases where goods returned are seriously damaged in transit due to inadequate packing or failure to pack the goods up properly in their boxes, credit for scrap value only can be accepted. Any Goods which are returned is at the customer’s risk and should be clearly marked with the sender’s name and address.
7. Duplicated Orders
In the event of a telephone order or verbal order being duplicated due to failure on the part of the customer to mark the confirmation order as such, credit will be admissible only within the terms stated above, under the heading “Returns”
8. Damage or Loss in Transit
Claims for damage can only be considered if notification is received within 7 days of delivery (23 days if internal damage to full pallet/container). Claims for suspected loss must be lodged within 28 days from date of invoice.
All goods should be inspected by dealer/customer prior to installation as claims resulting from visible defects cannot be entertained after the Goods have been fitted. Any complaint that arises on goods already fitted can only be considered once the installation has been inspected by a dealer/supplier and the details submitted on our official complaints form, a copy of which will be supplied on request. We can accept no lability for consequential loss or damage due to circumstances beyond our control or that of our suppliers.
Anticipated delivery dates are given in good faith and whilst every effort is made to ensure they are met this cannot be considered as the essence of any contract. Therefore, on the rare occasion that a delay does occur we are not able to accept liability in the event of any corresponding claim.
Transfer of Title
The ownership of the goods shall remain with us and until payment in full for all the goods has been received by us in accordance with the terms of sales, together with payment of all sums which may be due or owing by you to us. If such payment is overdue in the while or in part, we may (without prejudice to any other right of ours) recover or re-sell the goods or any of them and may enter upon your premises by our servants or agents for that purposes. Such payment shall become due immediately upon the commencement of any act or proceeding in which your solvency is involved.
It is the responsibility of the claimant of any award to notify the Inland Revenue where appropriate.
E. & O. E.