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Terms and Conditions

1. Unless otherwise expressly agreed in writing by Pentechnic ("the Seller"), the goods (the “Goods”) are supplied subject to these terms and conditions of sale (“Conditions”), which Conditions shall govern the contract between the buyer (the “Buyer”) and the Seller (the “Contract”) to the exclusion of any other terms and conditions and no variation of these Conditions shall be binding unless agreed in writing between the parties.
2.1. The Seller warrants that if any fault in the Goods due to faulty workmanship or materials is proved and the Goods are returned to the Seller at the Buyer's expense within twelve (12) months of their purchase the Seller will, at its own cost and at its own option, repair or replace the faulty Goods but subject as aforesaid and to the extent permitted by the Unfair Contract Terms Act 1977, all express or implied warranties or conditions statutory or otherwise are hereby excluded.
2.2 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless otherwise confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claims for breach of, any such representations which are not so confirmed.
3. The Buyer shall be deemed to have examined the Goods within seven (7) days of their delivery or collection from the Seller’s premises (as the case may be) and shall within seven (7) days of such inspection give notice in writing to the Seller of any matter or reason why the Buyer alleges that the Goods are not in accordance with the Contract. If the Buyer fails to give such notice the Goods shall, subject to condition 2.1 hereof, be deemed to be in all respects in accordance with the Contract and the Buyer shall be bound to accept and pay for the same accordingly.
4. The Seller will make every effort to maintain quoted delivery times but such quoted delivery times are estimates only and the Seller does not accept any liability or penalty for late delivery. The Seller shall be entitled to deliver the Goods by instalments and in such case each instalment shall constitute a separate contract and any failure or defect in delivery of any one or more instalments shall not entitle the Buyer to repudiate the Contract as a whole nor to cancel any subsequent instalments. The Seller shall also be entitled to deliver less than the number of Goods ordered and the Buyer shall not be entitled to reject the Goods by reason only of short delivery.
5.1 Property in the Goods shall vest in the Seller and shall not pass to the Buyer until payment in full for the Goods has been received by the Seller in cleared funds.
5.2 Until such time as property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods whether or not they have been affixed to any property.
6. Until such time as property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller's fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected, insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured. Until that time the Seller may revoke the Buyer’s right to resell or use the Goods.
7.1 The price of the Goods shall be the Seller’s quoted price and the Seller reserves the right by giving written notice to the Buyer at any time before delivery to increase the price of the Goods to reflect any increase in their cost to the Seller.
7.2 Unless otherwise agreed by the Seller in writing, the price of the Goods shall be paid by the Buyer to the Seller within thirty (30) days of the date of the Seller's invoice. The time of payment of the price shall be of the essence.
7.3 The Buyer shall not be entitled to make any deduction from the price of the Goods for any set off or counterclaim unless both the validity and the amount thereof have been agreed by the Seller in writing.
8. If the Seller does not receive sufficient forwarding instructions to enable the Goods to be delivered within fourteen (14) days of the Seller notifying the Buyer that they are ready for delivery, the Seller will be entitled to arrange storage and all charges for storage and for insurance shall be a debt due from the Buyer to the Seller payable in accordance with condition 7.2.
9.1 The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer.
9.2 The Seller shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller's prior written approval.
9.3 Except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), the statutory rights of the Buyer shall not be affected by these Conditions.
9.5 Except in respect of death or personal injury caused by the Seller's negligence or any liability imposed on the Seller by Part 1 of the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential damage whatsoever (and whether caused by the negligence of the Seller, it employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer except as expressly provided in these Conditions and the Buyer shall indemnify and keep the Seller indemnified from and against all actions, proceedings, costs and claims in respect of the same.
10. The Contract shall be governed by and construed in all respects in accordance with English law and the Buyer and Seller irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any disputes that may arise out of or in connection with the Contract.
11. Consumer Protection (Distance Selling) Regulations 2000. If the Buyer orders the Goods from the Seller by telephone, internet or fax it has additional consumer rights. In such circumstances the Buyer may return the Goods at its own cost within seven (7) days from receipt of the Goods on condition that the Goods are unused. The Seller will refund the price of the Goods provided that they are returned suitably packaged and in an unused condition with their original packaging. If the Goods have been used in any way they will be deemed to have been accepted by the Buyer. The Consumer Protection (Distance Selling) Regulations 2000 do not affect the Buyer’s statutory rights under the Sale of Goods Act 1979.
PAYMENT METHODS
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Please note that your order will not be processed until payment has been received and cleared. If you have any queries please email:
sales@pentechnic.co.uk