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Terms and Conditions
Application:
These conditions shall apply to and form part of all quotations, offers and
contracts for the sale of goods by PR Communications (“the company”). In
these conditions the “Buyer” means the person, firm or company who has
ordered or agreed to purchase goods from the company.
Ordering:
Any order submitted to the company for any goods is an offer to purchase
these goods on these conditions. Unless expressly stated, no quotation by
the company for the sale of goods is a legally binding offer. Unless
expressly stated, an offer by the company to sell any goods is open for
acceptance until the date which is seven days from and including the date of
that offer and the company shall be entitled to withdraw an offer at any
time.
Price:
The price of any goods
shall be the price quoted by the Company or the Company’s advertised list
price for those goods at the time any offer of order is accepted. The
Company may vary the price of the goods by a reasonable amount attributable
to any increase in the cost of materials, labour, transport, duties, taxes,
exchange rates or any other cost occurring before the date of delivery. All
prices are exclusive of value added tax and any other taxes and duties.
Unless otherwise stated, all prices include carriage, packing, and other
delivery cost where delivery is to be made to a United Kingdom mainland
address.
Delivery:
The Company will use
it’s reasonable endeavours to deliver goods by the agreed delivery dates or
if no dates are stated, within a reasonable time. The Company shall not be
liable for the late delivery or non delivery of any goods owing to an y event
or circumstance beyond it’s reasonable control, and delivery of any goods
shall be suspended for so long as such event or circumstance lasts. The
Company shall be entitled to withhold delivery of any foods where any amounts
payable by the Buyer to the Company overdue on any account whatsoever.
Risk:
Risk of loss or damage
to goods shall pass to the Buyer when the foods have been delivered to the
Buyer or any agent, representative or carrier of the Buyer.
Inspection:
The Buyer shall inspect all goods immediately on receipt, and the Company
shall not be liable for defects or shortages discoverable on reasonable
inspection unless the Company within three days from and including the day of
delivery. Where the Buyer notifies the Company of any defects or Shortages,
the Company’s only liability shall be (at the option to the Company) to
repair or replace defective good, make good any shortages, or credit the
Buyer with the invoice value of the goods in question.
Payment Terms:
The Buyer shall pay an
invoice from the company with seven days from the date the invoice was
issued. If the Buyer fails to pay any amount when due, the Company may
charge daily interest on the amount at the rate of 4% per annum above the
base lending rate for the time being of the Bank of Scotland from and
including the date when payment should have been made to and including the
date when payment is received.
Title of Goods:
Title to any goods
shall remain with the Company until the Company has received payment in full
in cash or cleared funds for those goods. Until title to any goods has
passed to the Buyer, the Buyer may use or sell goods in the ordinary course
of it’s business, but the Buyer’s power of sale shall cease immediately when
payment for those goods becomes overdue, or upon notice from the Company
terminating the power of sale. Where the Buyer’s power of sale ceases, the
Buyer shall deliver to the Company on demand any goods in which the Company
retains title and the Buyer authorises the Company to enter upon any premises
to remove those goods.
Warranty:
If the Buyer finds a
material defect in the goods either within three months after the end of the
month in which those goods were delivered, or by the expiry date of the goods
if sooner, then the Company will at the Company’s sole option, rectify any
defects, or supply replacement for those goods, or credit or refund to the
Buyer the invoice value of those goods PROVIDED THAT:-
1(a) the Buyer informs the company
of the defect within fourteen days after the date on which the Buyer becomes
aware of the defect or ought reasonably to have become aware of the defect.
(b) the defect existed in the
goods at the time of delivery of the goods or arose from faulty materials or
workmanship, and the defect was not reasonably discoverable upon inspection
at the time of receipt, and the defect did not result from any modification
or alteration made to the goods by the Buyer, or from normal deterioration,
or from improper or faulty handling, storage or sue of the goods by the
Buyer.
Liability:
The Company’s express
liability under these Conditions shall be the Company’s only liability for
breach of any contract for the sale of goods or services. Unless otherwise
agreed by the Company, the Company does not warrant or agree that the goods
will be fit for any special or unusual purposes or materials (whether or not
the Buyer notified the Company of the sake, or the Company was expressly,
implied or constructively aware of the same). Notwithstanding any other
provision of these Conditions, the total liability of the Company in respect
of breach of any contract of the sale of goods or any representation given in
connection with such a contract, whether in contract, tort, (including
negligence) statue or otherwise shall be limited to the purchase price for
the goods. Notwithstanding any other provision of these Conditions, the
Company shall not be liable to the Buyer in respect of breach of any contract
for the sale of goods are any representation given in connection with such a
contract, whether in contract, tort (including negligence) stature or
otherwise howsoever, for any of the following losses suffered, incurred or
payable by the Buyer: any consequential, indirect or special losses, any loss
of use, loss of profit, loss of revenue, or loss of contract, and any
liability of the Buyer to any third party.
Rights:
All patent, copyrights,
design rights and trade marks, rights to apply for an of the foregoing, and
all other intellectual property rights, whether registered or unregistered,
in any part of the world, in or developed by the Company in relation to the
goods are and shall remain the property of the Company.
Notices:
All notices shall be property given only of in writing and sent by hand,
courier, first class post or facsimile to any address of the recipient stated
in any quotation, order or acknowledgement of order, or to such address as
the Buyer and Company may from time to time notify to each other it’s address
for service of notices. Notices shall be deemed to be received if sent by
hand or courier, on delivery, if sent by post, on the second day following
the day of posting, and if sent by facsimile, on completion of uninterrupted
transmission.
Governing Law: These
Conditions and any contract to which these Conditions apply shall be governed
by and construed in accordance with English Law and the parties submit to the
exclusive jurisdiction of the English Courts.
Variation of Changes:
We reserve the right to make changes to these terms from time to time and
introduce new terms from time to time if there are changes to the law, or
amendments to the Network’s terms and conditions (as applicable) due to the
changes to the licence under which the Networks operates it’s
telecommunications network. We will notify our customers of any changes to
these terms or new terms introduced.
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