Periam & Williamson Ltd Terms and conditions of sale
Jurisdiction of these terms and conditions is in England and Wales only.
All goods and services supplied by us are sold only upon the following conditions. The placing of an order for any such goods, or the acceptance of our quotation or tender or of delivery of the goods and services, includes acceptance of the following conditions. Unless expressly agreed by us in writing any other terms and conditions (including any which may be contained in your order) are excluded. Unless expressly incorporated in our quotation or tender, all descriptions, illustrations, drawings, dimensions, weights, measures, specification, standards of performance or other descriptive matter or pre-contractual statements are approximate only and shall not form part of the contract. Our record of any order placed by you verbally shall be conclusive as to the type and quantity of product and the point of date and delivery.
Unless previously withdrawn, our quotation is open for acceptance within the period stated therein, or, when no period is stated, within 30 days after its date, and is subject to written confirmation by us at the time of acceptance. All goods and services are offered subject to them being available at the time of order.
3. Delivery times
Time for delivery shall not be of the essence of the contract unless previously agreed by us in writing. Any dates or times quoted for delivery are to date from receipt by us of your written order and all necessary information to enable us to put the work in hand. Such quoted delivery dates or times are approximate only, as we are subject to the manufacturers, or suppliers delivery promises which we pass onto you in good faith. For the avoidance of doubt such delivery dates or times given to you shall not crate a contractual obligation to deliver on such date or time and accordingly no liability shall be accepted by us for any claim by you or any third party for direct or consequential loss or damage arising from the delay in delivery.
Unless you give us in written notice within 7 days from the date of delivery that the goods are not in conformity with the contract, you are deemed to have accepted the goods.
5. Passing of property
Each of the following sub clauses 5.1 to 5.3 are separate and severable and shall be enforceable accordingly.
5.1 Not withstanding delivery, all goods supplied by us will remain our absolute property until you pay in full for them and for all other goods and services previously supplied by us.
5.2 We shall be entitled immediately after giving notice of our intention to repossess, to enter upon any premises with such transport as may be necessary and repossess any goods which we have title to under this clause.
5.3 You shall not be entitled to pledge or in any way charge by security any of the goods which remain our property but in the event you do so all moneys owing by you to us shall without prejudice to any other right or remedy available to us forthwith become due and payable.
6. Loss or damage in transit
Any shortage or damage must be sent to us in writing within 3 days after the date of delivery/installation. The packaging and contents should be available for examination. Written notice of any non delivery must be received at our office within 7 days after the invoice date. Time is of the essence in this clause. Our liability in respect of any claim accepted under this clause is limited to making up the shortage or replacing any goods proved to have been damaged or lost in transit to the point of delivery, and we accept no liability for any loss or damage suffered by you, whether direct or consequential and howsoever arising.
All goods and services are calculated upon a “whole” order bases, or “majority” of the order basis. If when placing the order you select only certain items or reduced quantities are specified, we must reserve the right to review the prices at which such orders are placed.
Payment in full without retention or set off shall be due not later than the end of the following month that in which the goods and services were delivered or on earlier demand. If you do not comply punctually with these terms of payment we reserve the right to charge you interest on any amount overdue at the rate of 8% over the Royal bank of Scotland plc base rate current for the time being, and without notice to suspend any further deliveries/services until all arrears (including interest) have been paid and, at our option, to rescind any subsisting contract with you as to all or any parts of future deliveries but without prejudice to any rights already accrued to us under such contracts.
9. Prepayment for specialist goods and services in advance.
Where required, payment in advance may be required to enable the ordering of specialist materials and/or services, from certain suppliers. This payment must be received before orders can be placed with our suppliers, therefore delivery times on these occasions are from the date of payment and not from the date of order.
It is your responsibility to determine that the goods are sufficient and suitable for the purpose to which they are put. We cannot accept any responsibility either in respect of the installation of the goods or as to the ultimate performance of any product in which the goods may be installed. We shall in no way be liable for any direct or consequential damage, loss or expense arising from any defect or inefficiency caused by the manner in which the goods are used.
11 Defects after delivery
All goods supplied by us are manufactured by others accordingly. We shall pass on to you the benefit of the warranty, if any given by the manufacturer of the goods. Our liability under this clause shall be in lieu of any warranty or condition implied by law as to the quantity or fitness for any particular purpose of the goods, and we shall not be under any liability, whether in contract, tort or otherwise in respect of any goods or loss resulting from such defects or from anything done or omitted in connection with the goods or from any work done in connection therewith.
12 Manufacturers warranty periods longer than 12 months.
All goods supplied, where a warranty of the goods is longer than 12 months, are covered for the product only. Any labour required to remove the product for return to us is chargeable by Periam & Williamson Ltd to you, the customer.
13. Warranty on lamps
This company accepts no liability to removing lamps under warranty once installed. Any lamps requiring removal by us under warranty would be chargeable by Periam & Williamson Ltd to you, the customer.
14. Return of goods
In no circumstances may goods or services supplied against a firm order be returned without our prior written consent and the receipt of your advice note stating the reason for the return and the date and number of our invoice. All goods returned must be securely packed and, unless we arrange collection, consigned carriage paid. If we collect we reserve the right to make a handling charge, and the issue of our collection note will not bind us to issue any credit in respect of the goods.
15 Goods supplied by the client, new or second hand
In respect of goods supplied by the client, whether these are new, or goods to be re-used on site at the clients request, Periam & Williamson Ltd cannot accept any responsibility either in respect of the installation of the goods or as to the ultimate performance of the goods themselves, or of any product in which the goods may be installed. We shall in no way be liable for any direct or consequential damage, loss or expense arising from any defect in the goods used.
We may without prejudice to our other rights and remedies determine the contract or any unfulfilled part of it or withhold further deliveries or make partial deliveries if:
(a) You fail to make payment on the due date under this or any other contract made between us.
(b) You purport to cancel, or suspend, or commit any breach of, this or any other contract between us.
(c) You become insolvent or make any composition with your creditors or have a receiver appointed of all or any part of your undertaking or assets or go into liquidation (save for the purpose of amalgamation or reconstruction) and we shall be entitled to recover from you all our loss including any loss of profit or loss on resale.
Any failure by us to enforce any or all of these conditions shall not be construed as a waiver of any of our rights hereunder.
18. Rights of third parties.
For the avoidance of doubt the provisions of the contracts (rights of third parties) act 1999 shall not apply to any term or condition hereof and nothing contained herein shall confer on any third party any benefit or the right to enforce any term or condition hereof.
19. Manufacturers information.
Any information supplied by Periam & Williamson Ltd using manufacturers or suppliers information, is supplied in good faith and we take no responsibility for inaccuracies in information we were supplied and passed on to the client. For instance battery Depth Of Discharge (DOD) rates alter regularly depending on make and model. Therefore our quotations details are for information only and charge rates or DOD rates may be different than those quoted when installed. This may be the case for other materials supplied.
20. Manufacturers apps and software.
Periam & Williamson Ltd are not responsible for issues caused to products we have installed due to updates or upgrades to software and apps by manufacturers updates. Should any faults occur due to an update to software or apps, the client is advised to contact the manufacturer. Any involvement required by Periam & Williamson Ltd would be chargeable, even if the products are under warranty.