PASSMORES E-COMMERCE TERMS AND CONDITIONS OF SALE - FENCING COMPONENTS
Unless otherwise agreed in writing these conditions will govern all on-line contracts for the sale of the Company's goods or the supply of its services. Any qualification, amendment or addition to these conditions imposed by the Customer will not apply unless expressly accepted by the Company in writing.
BASIS OF SALE
An order from the Customer shall constitute an offer, and acknowledgement of that order by the Company shall constitute acceptance of the offer. The only representations in connection with the Company's goods or services for which the Company will accept liability are those specifically referred to in the Company's price list or quotation. Advertising material, leaflets, brochures or website content shall not form part of the contract unless specifically agreed in writing between the Company and the Customer to be a term of the contract. It is agreed that on entering the contract the Customer is not relying on any other representations, including those made by the Company's employees or agents, unless confirmed by the Company in writing.
If a quotation has been issued by the Company, the price quoted therein is valid for 30 days from the date of the quotation. Otherwise, the latest published price will apply.
If a price increase occurs after acceptance of an order but before delivery, the price quoted on the order acknowledgement will apply for 90 days from the date of the price increase. Thereafter, the latest published price will apply.
The Company operates a policy of continuous product development and reserves to itself the right to make variations to its range of products and their specification.
Customers are responsible for ensuring that components meet their requirements in terms of size and specification.
Full payment is due at time of order.
The Company or the Customer may cancel the contract at any time prior to delivery of the goods by giving written notice.
In the event of cancellation the Company will return all monies paid by the Customer if the cancellation is by the Company, but if the cancellation is by the Customer the Company will return all monies paid by the Customer less a charge to cover administration costs. This charge will be the greater of 5% of the total price or £25.00.
Goods are delivered by road. Delivery vehicles will not be driven off road.
Components will be carried up to 50 paces by our driver. If the carrying distance exceeds 50 paces components will be stacked at a convenient point within this distance.
Claims for shortage or damage must be made at time of delivery and confirmed in writing within 7 days.
PASSING OF RISK
All risks of accidental loss or damage to the goods pass to the Customer at time of delivery.
The goods shall remain the sole and absolute property of the Company until payment in full in cleared funds has been received by the Company.
Until the goods become the property of the Customer the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and, if the Customer fails to do so immediately, to enter upon any premises of the Customer or any third party where the goods are stored, and repossess the goods.
Other than for death or personal injury due to the negligence of the Company, the Company's liability to the Customer shall not exceed the cost of the goods.
The Company may at its option make good free of charge, remove and refund or replace goods manufactured by the Company which within 30 days of delivery are found to be defective by reason of faulty materials or workmanship. Under these circumstances the following shall apply:
The Customer should notify the Company in writing within 7 days of discovery of the alleged defect, giving full details.
The Company shall have no liability in respect of any defect and/or consequential loss or damage arising from fair wear and tear, wilful damage, negligence on the part of the Customer, abnormal conditions including storm damage, failure to follow the Company's instructions regarding maintenance and/or specification, misuse of the goods, alteration and/or addition to the goods made by the Customer or by the Company at his direction.
The Company shall have no liability for any defect if the total price for the goods has not been paid by the due date for payment.
Timber is a living material affected by changes in climatic conditions. The Company shall have no liability for shrinkage, cracking, warping and other similar defects occurring after delivery.
The date quoted for delivery is given in good faith but time is not of the essence and the Company shall not be liable for any loss or damage of any kind whatsoever resulting from any delay in delivery.
No exclusion or restrictions contained in this contract affect the Customers statutory rights.
These conditions contain the whole of the Company's liabilities. All conditions or warranties implied by statute common law or trade usage are hereby excluded to the extent the law allows.
No delay or indulgence by the Company in enforcing any provision of these conditions shall prejudice or restrict the rights of the Company, nor shall any waiver by the Company of any breach of any provision of these conditions by the Customer be treated as a waiver of any subsequent breach of the same or any other provision.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other provisions of these conditions or the remainder of the provision in question shall not be affected.
LAW OF ENGLAND
This contract shall be governed by the law of England. The parties accept that for the purposes of jurisdiction the contract will be deemed to have been made at Strood, within the jurisdiction of the Medway County Court.