General terms and conditions of business
These general conditions apply to all quotations and contracts of sale for and on behalf of PFERD LIMITED (hereinafter referred to as PFERD).
1 All headings are for guidance only and do not form part of these Conditions of Sale.
2 All prices and discounts are subject to alteration without notice.
Payments and Prices
3.1 Payment will be due not later than the end of the month following the month of invoice, but PFERD may at any time require payment in advance of delivery.
3.2 Prices are exclusive of V.A.T. and are subject to change without notice.
3.3 Minimum order value is £ 100.-.
3.4 All prices for goods shown are for delivery ex-factory excluding package or carriage but orders for less than the minimum order value will have carriage charged at actual costs.
3.5 No charge will be made for normal packing for transport within the UK. Orders over the minimum delivery value current at the date of order will be delivered carriage paid, but any special express delivery, requested by the Customer, will be charged at cost irrespective of order value.
3.6 PFERD reserves the right to claim interest at the rate of 4% per annum above the minimum base rate as shown by HSBC Bank plc calculated on a daily basis on all sums due to PFERD and unpaid from the date upon which payment is due under these Conditions of Sale until the date upon which payment is made including periods both before and after any Court judgement.
3.7 The price quoted for goods may be increased by PFERD if PFERD suffers any increase in the cost of labour, materials and transport between the date of accepting an order placed by the Customer and the date of delivery of the goods concerned.
4 Due to the nature of the manufacturing process both PFERD and the Customer will make an allowance to each other of a reasonable variation in the quantity of goods supplied for each order.
Delivery Date, Risk and Cancellation
5.1 Any date given for delivery by PFERD is to be considered as an approximate estimate and cannot be guaranteed. PFERD is not responsible for any delays in delivery resulting from strikes, lockouts, trade disputes, accidents on land or on sea, government interference or any unforeseen circumstances including acts of God.
5.2 If PFERD is compelled to cancel any contract or part contract, as a result of circumstances described in clause 5.1 above, the liability of the Customer to make payment for any goods which are delivered shall be unaffected.
5.3 All risks to the goods in the course of transportation to the Customer from PFERD’s premises shall rest with the Customer.
Quality and Suitability and Exclusion of Liability
6.1 The Customer will at all times determine the suitability of PFERD’s goods for its intended use and the customer will not rely upon any representations made by or on behalf of PFERD.
6.2 PFERD warrants all its goods to be free of defects. The customer will accept slight imperfections in colour, appearance and measurement. All defects, damages, or shortages must be notified by the Customer within seven days of receipt of goods. Thereafter liability will only be accepted in respect of latent defects.
6.3 The decision of PFERD about any alleged defect will be final and conclusive.
6.4 If goods supplied or processed by PFERD are found to be defective PFERD undertakes at its option to replace the same or refund to the Customer the price of the goods provided always that the liability of PFERD will in no circumstance exceed the cost of replacement or the price paid by the Customer for the goods.
6.5 All warranties and conditions whatsoever, whether express or implied by statue or common law, are excluded and PFERD will not be liable for any loss or damage from the supply of goods or from their use including any defect or failure in performance howsoever caused or occasioned except any liability which may arise from any act of negligence on the part of PFERD which causes injury or death.
7 PFERD will not accept the return of any goods without its prior agreement. Goods which have been sold to a Customer‘s size requirement will not be returnable in any event. Any goods which are authorised to be returned will remain at the risk of the Customer during transportation. If any goods are returned with the agreement of PFERD a restocking charge of 15% plus V.A.T. will be applied and will be invoiced on receipt of the goods. Only goods in pristine condition will be eligible for return.
8 The risk in the goods will pass to the customer upon delivery but PFERD will remain the legal owner of the goods until such time as the Customer has paid in full the price of the goods and has met all other indebtedness of the customer to PFERD. The customer acknowledges that until the ownership in the goods is transferred the Customer will be in possession of the goods solely as bailee for PFERD and if so required the customer will store the goods separately from the Customer‘s own goods and in such a fashion as to be readily identifiable to PFERD.
Reservation of Copyright and Patent
9 The design method of construction and content of all literature packaging all other goods remains the property of PFERD and the sale of any goods shall not give to the purchaser any implied licence to do any act which would otherwise constitute a breach of such industrial property rights.
English Law to apply
10 These Conditions of Sale are subject to and will be construed in accordance with English Law.