Plastic Pallets &3 Hand Lane · Leigh · Lancashire · WN7 3LP |
Plastic Pallets &3 Hand Lane · Leigh · Lancashire · WN7 3LP |
| Please take the time to familiarise yourself with our company's business trading terms & conditions. DEFINITION OF TERMS & EXPRESSIONS: 1.1 The stated terms and expressions below shall bear the following specified meanings: 1.1.1 "The Company" means "Palcas" of 3 Hand Lane, Leigh, Lancashire WN7 3LP 1.1.2 "Goods" means any product or item which is the subject of any order placed with the company. 1.1.3 "Services" means any services which are the subject of any order placed with the company. 1.1.4 "Customer" means any company or individual to whom Goods or Services are supplied by the company. 1.2 Quotations are given and orders are accepted by the Company on the basis of these terms and conditions which shall apply to the exclusion of all other conditions or terms to all contracts for the sale of any Goods or the supply of any Services by the Company unless (and then only to the extent that) they are expressly agreed in writing by the Company to be excluded or varied. 1.3 References to "clauses" are to clauses of these conditions and references to "sub-clauses" are to sub-clauses of the clause in which the reference appears. 2. OFFER, ACCEPTENCE AND CANCELLATION 2.1 The Company shall be at liberty to refuse to quote for the supply of any Goods or Services and shall not be required to give any explanation for such refusal. 2.2 A Quotation by the company constitutes an offer and the company reserves the right to withdraw or revise such offer at any time prior to receipt by the Company of the Customers acceptance thereof. 2.3 A quotation by the Company which has not been accepted before thirty (30) days from the date of its issue shall lapse automatically. 2.4 Once an offer by the Company has been accepted the customer may not cancel its contract with the Company without the Company's prior written consent and on terms which will indemnify the company against all loss and damage both direct and consequential. 3. PRICE 3.1 The price of Goods or Services shall (subject to sub-clause 3) be that prevailing in the Company's price list or that stated on the Company's quotation. 3.2 Unless otherwise expressly notified by the Company the price of the Goods shall include a reasonable charge for carriage. 3.3 The Company's price list for Goods is subject to revision without notice and any contract entered into by the Company is on the understanding that Goods will be supplied at the prices prevailing at the date when the Goods are ready for dispatch to the Customer. 3.4 Unless otherwise specifically stated on the Company's quotation, any estimate of price for the Services given by the Company is subject to any additional cost of labour or materials or of any additional work which may be found by the Company to be necessary which were unforeseen by the Company at the date the estimate was given. 3.5 Unless previously instructed to the contrary in writing the Company will notify the Customer of any substantial estimated increase in price pursuant to sub-clause 4 and will not proceed with the supply of any Services unless and until notified by the Customer that the Customer will pay such an increased price. 3.6 If the Customer does not notify the Company that it will pay such increased price the Company shall be entitled to cancel the contract, without liability to the Customer and the Customer shall pay the Company for all the Services supplied to the date of cancellation and pro rata at the estimated price stated on the quotation. 4. DESPATCH, DELIVERY AND SUPPLY 4.1 Whilst the Company will endeavour as far as reasonably practicable to meet the Customer's wishes regarding dates for despatch or delivery of Goods or supply of Services, unless expressly stated to the contrary be the Company, any dates or times quoted by the Company for despatch or delivery of Goods or supply of Services to the Customer are given and intended as best estimates only and shall not be of the essence of any contract. 4.2 The Company shall not be liable to the Customer in any way for loss or damage how so ever arising due to delivery or despatch of Goods or supply of Services at a date later than any quoted unless the Company has specifically agreed in writing, with an agreed sum as liquidated damages, to despatch, deliver or supply by a specified date nor shall the Customer be entitled to cancel any contract with the Company in consequence there of. 4.3 Delivery of Goods shall be deemed to be made immediately upon arrival of such Goods at the Customer's premises (or such other address notified to the Company and agreed for delivery) prior to unloading or unpacking and upon delivery risk in the Goods shall pass to the Customer; the Company does not accept any responsibility for any loss of or damage to Goods arising during unloading or unpacking. 4.4 The Company reserves the right at its sole discretion to make delivery of Goods by instalments and to tender a separate invoice for each instalment setting out the invoice price for each such instalment; payment of the invoice price for each part delivery of Goods must be made strictly in accordance with condition 7. 5. PROPERTY 5.1 Unless the company shall otherwise specify in writing all Goods sold or agreed to be sold to the Customer shall be and remain the property of the Company until the full purchase price thereof shall be paid. Furthermore, the Company shall have the right to dispose of Goods supplied under any contract between the Company and the Customer until payment in full or until such time as the Company resells the Goods bona fide in the ordinary course of business. 5.2 In respect of default of payments of the Goods (whether unpaid in whole or in part) the Company may without prejudice to any of its other rights recover from the Company such Goods and re-sell or re-use such Goods and may enter upon the Customer's premises or any other premises where the Goods are situated for that purpose. 5.3 So as to recover any Goods pursuant to sub-clause 2 the Company may dismantle or dismember with reasonable care any goods into which such Goods have been incorporated and shall be under no liability whatsoever for damage thereby occasioned.5.4 All worn or damaged materials replaced by the Company in the course of its supply of any Goods or Services to the Customer shall upon payment to the Customer in respect of such supply failing due become the property of the Company and maybe freely disposed of by the Company. 6. DAMAGE IN TRANSIT OR NON-DELIVERY 6.1 The Company shall not be liable for any damage to or loss or Goods in transit or short delivery unless in the case of damage in transit or short delivery separate notices in writing are sent to the Company and to the carrier by the Customer within 3 (three) days of receipt of the Goods or in the case of loss of Goods notice in writing is given to the company within 7 (seven) days after the date of receipt by the Customer of the Company's invoice for the Goods. 6.2 The limits stipulated in this condition are subject to the proviso that if the Customer proves (i) that it was not reasonably possible to give notice to the Company within the appropriate period and (ii) that notice in writing was given within a reasonable period the Company shall not be entitled to rely upon the stipulated time limits here in. 7. PAYMENT 7.1 If the Customer has an approved account with the Company payment of the price shall be made in full in cash not later than 30 (thirty) days next month. 7.2 In all of the cases payment of the price shall be made in full in cash at the time when the Goods or Services are ready to be supplied to the Customer. 7.3 Without prejudice to the Company's right to prompt payment, the Customer shall pay interest at the rate of 2% (two per cent) per month on the balance of any invoice or other sum remaining unpaid from the due date of payment of the same and on the day of actual payment and shall in addition reimburse the Company all reasonable costs and expenses (including legal costs) incurred in the collection of any overdue balance or account. 7.4 Time for payment is of essence of any contract between the Company and the Customer 8. LIEN 8.1 Where the Company has taken possession of any property of the Customer for the purpose of the supply to the Customer of Goods or Services the Customer shall remove such property from the Company's premises by at latest 24 (twenty four) hours after notification by the Company to the Customer that the same is ready for the collection and if the Customer fails to remove the property within such time the Company shall be entitled to charge the Customer storage charges for the whole time that the property remains thereafter in the possession of the Company; such storage charges shall be calculated at the rate charged by the Company in respect of storage of the property of any of it other customers. 8.2 The Company shall have a special lien on any property of the Customer for any monies due from the Customer to the Company and if it lien is not satisfied within 28 (twenty eight) days of the date of payment becoming due the Company may at its absolute discretion sell such property and apply the proceeds towards discharge of the Company's lien and the expenses of sale, legal expenses and all storage charges. 9. WARRANTY AND EXCLUSION 9.1 The Company warrants that if within 1 (one) month of delivery of Goods to the Customer the Customer notifies the Company in writing forthwith on delivery that it alleges that the Goods are defective and returns the Goods forthwith thereafter to the Company then provided that the Company is satisfied that the Goods are in fact defective and that defects arose prior to delivery of the Goods to the Customer solely due to defective production or manufacture of the Goods and that there has been no omission, misuse or neglect on the Customer's part in dealing with the Goods or in following the Company's instruction for use, the Company warrants that it will at its absolute discretion either replace the defective Goods with identical Goods or with Goods of comparable quality or issue to the Customers credit note to enable the Customer from the Company new Goods free of charge. 9.2 Payment for any alleged defective Goods or Services shall not be withheld by the Customer pending investigations by the Company pursuant to sub-clause 1.9.3 The Company shall not be liable for any loss or damage of any property of the Customer or of any other person unless the same has been caused solely by the negligence of the Company or its servants or agents. 9.4 The Company's liability under sub-clause 1 above shall be in lieu of any warranty or condition implied by statute or common law as to quality or fitness for any particular purpose of the Goods provided that nothing herein shall be constructed or applied so as to exclude any statutory rights which the company may have as a consumer.9.5 In no event shall the Company be liable for any consequential or indirect loss or damage suffered or incurred by the Customer in the consequence of many act, omission or default of the Company nor any loss or damage whatsoever suffered or incurred by the Customer in consequence of any fire, flood, accident, delay in transport, shortage of fuel or materials, default of any sub-contractor, requirement of any government of government department or other statutory authority, as a consequence of war or other hostilities, riots, civil commotions, strikes, lock-outs, stoppages or restraints of labour from whatever cause whether partial or general or for any other cause whatsoever beyond the reasonable control of the Company. 10. CUSTOMER'S DEFAULT If the Customer's defaults in paying any sum due under any contract with the Company as and when such sum becomes due or commits any breach of any of its obligations to the Company or if distress of execution is levied on any of the Customer's Goods of if the Customer makes any arrangement with its creditors of commits any act of bankruptcy or goes into or threatens to go into liquidation or if a receiver or manager is appointed of the whole or any part of its assets, the Company may forthwith suspend all further supplies of Goods or Services until the default has been made good adequate compensation furnished thereafter or may determine its contract with the Customer so far as any Goods or Services remain to be delivered without liability but without prejudice to any claim which the Company might otherwise have for breach of contract and/or for the price of Goods and Services already supplied. 11. MISCELLANEOUS 11.1 The Company shall be at liberty to sub contract the supply of any Goods or Services which it has contracted with the Customer to supply. 11.2 All drawings, descriptive matter, dimensions, photographs or specifications submitted with a quotation of the Company and the descriptions and illustrations contained in the Company's catalogues, price lists and other advertising matter are intended to be an approximate guide only giving a general idea of the Goods or Services described therein and none of them shall form part of any contract. 11.3 The Customer shall indemnify the Company against all liabilities incurred by the Company by reason of any proceedings claims or demands which may be brought or made against the Company (including all damages, loses and expenses awarded against or incurred by the Company) alleging infringement of any patent or other intellectual property of any third party by reason of anything done by the Company pursuant to designs, specifications or instructions express or implied furnished by the Customer to the Company. 11.4 Where the Customer delivers to the Company property of a person other than the Customer for the Company to supply its Services in respect for such property the Customer shall be deemed to be the agent of the owner of the property and to contract on the owners behalf. 11.5 The Company's prices for the supply of goods and services are calculated on the basis that the same are supplied on these conditions of business (including all exclusions or restrictions of the company's liability contained herein) and the customer recognises that by contracting on these conditions it is thereby obtaining the benefit of prices so calculated. 11.6 The construction, validity and performance of any contract entered into on these conditions shall be governed by the laws of England. Palcas - Plastic Pallets and Materials Handling Products Proprietor: Sarah Gannon 3 Hand Lane, Leigh, Lancashire WN7 3LP Tel: 01942 677177 Fax: 09142 261772 VAT Registration No. 732 9920 18 |
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