In these conditions Paice Cleaning Ltd is referred to as “The Company” and the person, firm or company purchasing from the Company is referred to as “The Customer”.
2 Basis and Application
All purchases by the Customer from the Company are on the basis that full acceptance and agreement of these Terms and Conditions by the Customer applies and that these terms override any other restrictions or terms set out by the Customer when orders are placed
3 Prices and Payment
All prices quoted either by letter or on quoted Prices List are subject to change without prior notice, although every effort will be made by the Company to give customers the maximum possible notice of any changes. Prices quoted by the Company are nett, and are exclusive of V.A.T. at the current rate.
4 Terms of Payment
Payment is due on goods supplied by the Company to the Customers, by the end of the month following the supply and receipt of the goods. Extended Credit Terms are not permitted and interest shall be charged on excessively overdue accounts* at the rate of 2.26% per month, compounded and charged monthly. Special Credit Terms are only permitted by arrangement with a Director of the Company.
* 60 days The Company Directors may waive the overdue account charges at their discretion
5 Passing of Property and Risk
All risk in the goods shall pass to the Customer upon delivery, but the goods shall remain the property of the Company until all sums due from the Customer to the Company, whether or not in respect of such goods, have been paid in full. The Customer shall be entitled to sell or use such goods in the ordinary course of his business but in the event of his doing so the Customer shall hold upon trust for the Company, such part of the proceeds of sale as maybe required to satisfy all sums due to the Company, with any interest payable on overdue accounts as detailed above.
Any time or date for the dispatch or delivery of goods given by the Company shall be taken as an estimate made by the Company in good faith. Every effort will be made by the Company to comply, but this will not be binding on the Company. The Company will not be liable for any loss or damage sustained by the Customer in consequence of any failure by the Company to dispatch or deliver goods within such time or in consequence of any other delay in such dispatch or delivery however caused. Goods will be deemed to be accepted by the Customer on delivery, and delivery notes or signatures qualified by “not checked”, will be taken as consignment is as the delivery note states.
(a) Returned goods - any goods requested to be returned by the Customer will be subject to a handling charge of a minimum 20% plus carriage if applicable.
(b) The Company will at it’s option replace, repair, refund or credit the Customer with the cost of any goods which have been damaged in transit or there is a shortage in the quantity of such goods provided that the Customer has notified the Company at Unit 6 Hortons Way Westerham Kent TN16 1BT, in writing within 7 days of date of delivery. Verbal advise will not be accepted by the Company as sufficient notification unless confirmed in writing by the Customer within the period of 7 days of delivery of the goods.
8 Exclusion of Liability
(a) The guarantee in clause 7 of these conditions is given by the Company and accepted by the Customer in substitution for any rights which the Customer might otherwise become entitled to against the Company.
(i) By virtue of any express or implied representations, conditions or warranties statutory or otherwise as to the state, quality, fitness or performance of the goods.
(ii) By negligence or otherwise in connection with the supply of any goods to or to the order of the Customer and all such liability which it may incur for death or personnel injury resulting from negligence.
(b) Except for any such liability as it may incur for death or personal injury resulting in negligence, the Company shall not be liable in any manner whatsoever for any indirect or consequential loss, damage or injury how so ever caused which may arise out of or in connection with the supply of goods to or to the order of the Company.
(c) In this conditions “Goods” shall include goods supplied under the guarantee.
9 Default of the Customer
In the event of the Customer making default in the punctual payment of any sum due to the Company or if any distress or execution is levied upon the Customers assets or if the Customer shall make an offer to make any arrangements or composition with it’s creditors or commit any act of bankruptcy, or if any petition or Receiving Order in Bankruptcy is made or presented against the Customers or if the Customer is a limited company and any resolution or petition to wind up business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver of such Companies assets or any part their of shall be appointed the Company shall be entitled possession of all it’s goods in the possession or under the control of the Customer, for which purpose the customer, authorises the Company, it’s servants or agents to enter upon any land or premises on which such goods may be situated.
10 Right to Amend
The Company shall be entitled to amend, change or alter the specification of any goods to be supplied to the Customer, according to market conditions and demand. The Company also shall be entitled to alter, change or amend any detail contained in these conditions of sale, in particular the rate of interest charged on overdue accounts, and any changes in these conditions will be advised to the Customer at the time of amendment. The Directors of the Company reserve the right to waive any or all of these conditions of sale as they see fit or at their discretion.
Nothing in these conditions shall effect the statutory rights of a Customer in relation to the Customer, “deals as consumer” as defined in section 12 of the Unfair Contract Terms act 1977, or any amendments or modifications there of.
These terms and conditions shall be subject to and construed in accordance with English Law.
The English courts shall have exclusive jurisdiction in relation to all dispute and claims arising between The Company and the Customer arising out of the supply of goods by The Company to the Customer.