All price lists, quotations and estimates are subject to alteration without notice, and goods will be invoiced at correct prices ruling on date of despatch. In the case of quotations for goods to customer's own specifications to be delivered over a period, the right is reserved to increase prices to cover any increase of labour and materials at the date of delivery. The prices quoted will not apply to quantities less than specified. We reserve the right to correct any clerical errors or omissions upon discovery.
Delay in delivery directly due to causes arising out of war, strikes, lockout, breakdowns of machinery, non-delivery of material, trade restrictions, fire, floods, interruption of traffic, or any circumstances beyond our control, shall not give rise to Penalty claims or any claim for damages against us, and during delays so caused Contracts or orders may not be cancelled but only suspended, and at the time of delivery shall, if we so desire, be extended for a period equal to that during which the delay has existed. Any delivery date quoted is an estimate based upon conditions ruling at the time of receipt of the customer's purchase order at our works. Goods travel at the purchaser's risk and we decline all responsibility for any damage during transport.
3. TERMS OF PAYMENT
(a) Credit accounts may be opened subject to approved references, which will be strictly nett and payable within 30 days of the invoice date unless otherwise specified. In the event of breach of these conditions or failure to make payment by the due date, we reserve the right to suspend further deliveries, to require pre-payment for any further deliveries, and to cancel any unexecuted orders placed without prejudice to any other rights to which we may be entitled. The property in the goods shall not pass to you until full payment has been received and we have the right to the return of such goods in the event of non-payment and until the property in the goods shall have passed to you they shall be at your risk.
(b) Photon Beard reserves the right to charge interest on overdue amounts from the due date until the date payment is received, both before and after any judgement, at 2% per month above Barclay's bank rate.(c) All charges for payments by bank transfer from outside the UK are to the remitter.
4. CLAIMS FOR LOSS OR DAMAGE
Any claims for loss, including only part delivery, or damage in transit must be notified to us within 7 days of receipt.
5. CLAIMS FOR REPLACEMENT OF DEFECTIVE OR INCORRECT ITEMS
(a) Where goods supplied to a customer are defective or incorrect, claims must be made within 14 days of receipt of goods.
(b) Any goods returned and acknowledged by us as being defective will, if required, be replaced or repaired at the Company's discretion but shall not form the subject of any claim for labour, damages or other expenditure either direct or consequential. Our responsibility being limited to exchanging or repairing at our works any defective product free of charge.
(c) No liability is accepted for any goods supplied defective in design or unsuitable for customers application. No liability will be accepted for goods which have been subjected to any process after leaving our possession.
6. PATENTS DESIGN AND COPYRIGHT
Where goods are supplied to the Customer's designs, drawings or specification, the Customer warrants that the manufacture and/or sale of them by us will not infringe any Letters Patents or Registered Designs or similar industrial property rights within or in countries outside the United Kingdom or any copyright and agrees to indemnify us against all liability for any such infringement and against all actions, proceedings, claims, demands and expenses which may be taken or made against or become payable by us in respect thereof.
7. ORDERS ONCE PLACED
Orders once placed cannot be cancelled except by mutual agreement and then only on terms which would fully indemnify the Seller. Goods cannot be returned without our prior agreement. A 10% restocking charge will be made on the value of the goods returned.
8. SCHEDULED ORDERS
Orders calling for delivery over a specific period must be called off within 3 months of order date unless otherwise agreed. Where a specific schedule is not given it is not possible to guarantee ex-stock deliveries on an outstanding balance unless specifically agreed in writing.
9. FOR NON STANDARD ITEMS
We reserve the right to supply 10% more or less than the specified quantity and payment shall be made for the actual quantity supplied pro rata.
10. ACCEPTANCE OF PAYMENT
Acceptance of payment constitutes an offer by the Buyer to purchase the goods upon the terms and conditions of the above Conditions of Sale.
11. SMALL ORDER CHARGE A small order charge of £5 will be made on any orders under £50 list price value, excluding VAT.
12 ENGLISH LAW SHALL APPLY AND ANY DISPUTES SHALL BE SETTLED IN THE ENGLISH COURTS.
Tel +44 1525 850911