Standard Terms & Conditions of Sale
ORDERS:The seller’s catalogue and website is an offer to treat only. Any contract shall consist of the buyer’s order and the seller’s acceptance thereof. Any order accepted by the seller shall be subject to the seller’s conditions of sale and no other conditions shall apply unless expressly agreed in writing by the seller.
1. TERMS - Payment for goods supplied to customers without an approved account must be made before delivery. Where customers have approved accounts these are due for settlement not later than 30 days from Invoice Date. Accounts are payable strictly nett.
2. PRICES - Goods will be invoiced at prices ruling at date of despatch and we reserve the right to alter these without notice if necessary.
3. DELIVERY PROMISES - These are given in good faith and will be adhered to as far as possible but no liability can be accepted for subsequent unforeseen delays. Goods offered ex-stock are subject to their being unsold on receipt of confirmation.
4. EXAMINATION OF GOODS - In the event of any discrepancy or damage in transit it is essential to mark Carrier’s Delivery Note ‘Contents Unexamined’ and examine the goods in question at once, advising the carriers and ourselves of any trouble within 3 days.
5. NON DELIVERY OF GOODS - Customers are responsible for advising us of the non-delivery of goods within 14 days of the receipt of invoice.
6. RETURN OF GOODS - This can only be allowed with our permission and only on normal stock lines with the proviso that we will raise a charge of 20% for restocking.
7. LIABILITY FOR DEFECTIVE GOODS - In the event of any article supplied proving defective in material or workmanship within a reasonable period, we undertake to replace or repair the article free of charge, which shall be the limit of our responsibility and we do not accept liability for any other costs direct or indirect, arising from such defective goods.
8. SPECIFICATION - The patterns illustrated in our catalogue are of the dimensions and weights shown and may be subject to modification in design which will be supplied unless otherwise instructed.
9. CANCELLATION OF ORDERS - Cancellation will only be accepted by us on condition that all costs and expenses incurred by us up to the time of cancellation and all loss or damage by reason of such cancellation will be reimbursed by the customer to us forthwith. Acceptance of such cancellation will only be binding on us if in writing. A charge will be made for any costs incurred due to suspension or deferment of order. We regret that we are unable, in any circumstances, to accept cancellation of orders for goods manufactured to customer’s special requirements.
10. RESERVATION OF PROPERTY AND RIGHT OF DISPOSAL - Until payment by the customer in full of the price and any other monies payable to the Company in respect of the goods: (a) The property in the goods shall remain in the Company; (b) The customer shall hold the goods in fiduciary capacity for the Company and shall so store them that they shall at all times be identifiable as goods of the Company; (c) If the Customer shall receive from any person any payment in respect of the goods the Customer shall receive and hold such monies on behalf of the Company and shall forthwith pay thereout all sums due to the Company in respect of the goods; (d) the like result as in (c) above shall ensure with regard to the justly apportioned part of the monies received by the customer whenever such monies shall be referable in part to the Company’s goods whether by reason of mixing or joining with other goods or incorporation into some building or structure or howsoever.At any time after the occurrence of any of the events specified in Condition 11 hereof the Company or its agents may enter the premises of the customer and take possession of any goods in which the property remains in the Company and remove and dispose of them as the Company thinks fit. The Company shall apply the proceeds of disposal (after deduction of all expenses) in discharge of the amount unpaid by the Customer.
11. BREACH - If the Customer (a) makes default in or commits any breach of its obligations to the Company hereunder or (b) is involved in any legal proceedings in which its solvency is in question or (c) is a company and any meeting is convened or resolution is passed or petition is presented (otherwise than for reconstruction or amalgamation) to wind it up or a receiver is appointed or (d) ceased or threatens to cease to trade or if in the opinion of the Company serious doubts arise as to the Customer’s solvency, then in any such case the Company shall immediately become entitled (without prejudice to its other claims and rights under the contract) to suspend further performance of the contract for such time not exceeding six months as it shall in its absolute discretion think fit or (whether or not notice of such suspension shall have been given) to treat the contract as wrongfully repudiated by the Customer and forthwith terminate the Contract. The Company will notify the Customer of the exercise of its option to suspend or terminate the contract within a reasonable time of its becoming aware of the actual default on the Company’s rights under this condition.
12. PASSING OF RISK - The risk in the goods shall pass to the Customer when the Company delivers the goods in accordance with the terms hereof to the customer or other person to whom the Company has been authorised by the Customer to deliver the goods whether expressly or by implication and the Company shall not be liable for the safety of the goods thereafter and accordingly the Customer should insure the goods thereafter against such risks as may be commercially prudent.
13. SITE VISITS BY PRISMA PERSONNEL - The Company reserve the right to charge for visits to site, where it is clearly established that abuse or poor installation has caused the product to malfunction. The charge will be made to the original purchaser and not to any third party.
