In
this section you can find all of the policies and procedures
related to the terms and conditions of sales on this site.
Use the quick links below to navigate to the section you require:
1. Incorporation of Conditions
2. Quotations and Prices
3. Delivery
4. Safety
5. Application for Credit and Payment Terms
6. Title
7. Risk
8. Warranties
9. Quantities & Specifications
10. Return of goods
11. Export Terms
12. Cancellation
13. Waiver and Variations
14. Force Majeure
15. Data Protection
16. General
1. Incorporation of Conditions
1.1 All contracts entered into between us
shall be deemed to incorporate these conditions and no amendment
or addition shall be binding on us unless agreed in writing
by an authorised representative of PF Signs.
1.2 The applicability of any terms and conditions
proffered by you is hereby excluded, unless expressly agreed
in writing by an authorised representative of PF Signs. You
accept that in entering into a contract for the supply of
goods and/or services with us you have not relied upon any
prior promises, representation or undertakings given by us
which are not contained within these conditions.
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2. Quotations and Prices
2.1 The prices quoted exclude V.A.T. (unless
otherwise stated). V.A.T. will be charged at the rate applying
at the time of delivery and/or performance of the service.
V.A.T. will be charged on all applicable goods and services
(including carriage charges).
2.2 No quotation by PF Signs shall constitute
an offer by us and all quotations are subject to withdrawal
without notice. Quotations may be given orally and in writing.
2.3 Subject to condition 2.2, quotations
lapse 30 days after the date of quotation (unless otherwise
stated in writing.
2.4 The price quoted excludes delivery,
delivery pallets and any other packaging materials unless
otherwise stated in writing at the time of your order. There
will be no reduction in the price if you collect the goods.
2.5 Unless otherwise stated, the price quoted
is an illustrative estimate only. At any time before actual
delivery of any part of the goods or performance of the service
we may adjust the price to reflect any increase in our costs
of supplying the goods and/or services. PF Signs will endeavor
to agree any such increases in the price with you prior to
delivery and/or performance of the services but you agree
that if we have not, you will pay any increased price subject
to that increase being no greater than 20 (twenty) per cent
of the price originally quoted. In the event of such increase
being greater than 20% we may at our absolute discretion resign
from the contract without penalty or any liability to you
whatsoever.
2.6 Other than as imposed by law, rates
of tax and duties on the goods and/or services will be those
applying at the time of delivery and/or performance.
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3. Delivery
3.1 All delivery times quoted are estimates
only.
3.2 If we fail to deliver within a reasonable
time, you may (by informing us in writing) cancel the contract,
however:
3.2.1 you may not cancel
if we receive your notice after we have commenced manufacture
of the goods.
3.2.2 if you cancel the contract, you can
have no further claim against us under that contract; and
if you do cancel, your sole remedy will be to claim
back any price already paid to us for the goods.
3.3 If you accept delivery of the goods
after any estimated delivery time, delivery will be deemed
to have been punctual and you agree that you will have no
claim against us for any delay (including without limitation,
any claim for indirect or consequential loss, or increase
in the price of the goods).
3.4 We reserve the right to deliver your
goods in instalments. Each instalment is treated as a separate
contract.
3.5 We may at our discretion, deliver the
goods from any place that we wish and, unless otherwise agreed,
if we are arranging carriage, we may choose any reasonable
method of carriage.
3.6 If delivery does not take place because
you are at fault or for reasons beyond our control, PF Signs
may store and insure the goods at your expense. PF Signs may
deliver the goods as soon as possible but we have the right
to sell them after a period of 14 days storage. PF Signs may
recover such costs of insurance and storage together with
our costs of attempting to supply the goods as well as the
sale price to have been charged to you (if unpaid) on the
day of failed delivery from the proceeds of such sale. In
the event of such storage and insurance costs together with
our costs of attempting to supply the goods as well as the
sale price to have been charged exceeding the proceeds of
such sale, you agree that we may recover any such excess directly
from you. If we have agreed to store and despatch the goods
on your behalf, we reserve the right to dispose of any unused
goods after storage for a minimum of 6 months, and without
any notification to you. We may at our discretion, notify
you that these goods have exceeded our 6 months storage agreement
and offer you a further extension to this agreement at an
agreed price.
3.7 PF Signs have the right to pass on to
you any unforeseen additional costs we incur when trying to
deliver the goods and/or perform the services.
3.8 You are responsible for providing (at
your cost) sufficient labour and materials for unloading the
goods.
3.9 Neither our carrier nor we are responsible
for unloading the goods into your premises.
3.10 If the driver leaves
the vehicle at your request while the goods are being unloaded,
we shall not be liable for any shortages.
3.11 ROAD
TRAFFIC SIGN SHIPPING: Our Road Safety
Signs are shipped from a different depot to our standard
Health & Safety signage. As a result, the shipping
costs for these products have been incorporated into the price
that you pay for each product. Please be
aware that this results in a more cost effective pricing and
carriage structure for our customers. Any shipping
cost shown in your basket will simply account for any other
products that you have ordered from our website outside of
the Road Traffic Signs range.
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4. Safety
4.1 PF Signs may decline to deliver the
goods if:
4.1.1 we believe or our carriers
believe that it would be unsafe, unlawful or unreasonably
difficult to do so
4.1.2 the premises (or access to them)
are unsuitable for our vehicle. And the provisions of condition
3.6 shall apply.
5. Application for Credit and Payment
Terms
5.1 You are to pay us the quotation price
in cash or otherwise in cleared funds at the time of order
as well as any uplift in the price in terms of condition 2.5
at the time of delivery, unless you have an approved credit
account. If you fail to do so, we may not start manufacture
and in any case condition 3.6 shall apply to the delivery
of the goods.
5.2 If you have an approved credit account,
payment is due no later than the end of the month following
the month of delivery unless otherwise agreed in writing.
5.3 We will only consider an application
for a credit account subject to your first order pre-payment
and suitable references.
5.4 By requesting a credit account you consent
to us carrying out such credit referencing as we deem necessary
and accept that all business transacted with us shall be on
and subject to these Conditions.
5.5 We may in our absolute discretion decline
any application for credit and shall not be required to give
any reason therefore.
5.6 If you have an approved credit account,
we may withdraw it or reduce your credit limit or bring forward
your due date for payment. We may do any of those at any time
without notice.
5.7 We reserve the right to cancel the credit
agreement with your company at our absolute discretion.
5.8 If you fail to pay us in full in accordance
with condition 5.1 or 5.2.
5.8.1 we may suspend or cancel future
deliveries/services;
5.8.2 we may cancel any discount offered
to you
5.8.3 you must pay us interest at the rate
equivalent to that set for the purposes of section 6 of
the late payment pf commercial debts act 1998 as amended,
extended or re-enacted.
5.9 You do not have the right to set off
any money you may claim from us against anything you may owe
to us.
5.10 While you owe money to us, we have
lien on any of your property in our possession
5.11 You are to indemnify us in full from
all expenses and liabilities we may incur (directly or indirectly
and including all legal costs) following any breach by you
of any of your obligations under these conditions.
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6. Title
6.1 Until you pay all debts you may owe
us:
6.1.1 all goods supplied by us remain
our property.
6.1.2 You must store them so that they
are clearly identifiable as our property and in or on premises
to which you are able to grant us access in terms of condition
6.4;
6.1.3 You must insure them and keep them
insured for the full amount due (against the risks for which
a prudent owner would insure them) and hold the policy on
trust for us;
6.1.4 You may use those goods and sell
them in the ordinary course of your business and until payment
is made in full, all proceeds of such sale is to be held
on trust for us, but you may not use or sell these goods
if:
a) we revoke that right (by informing you in
writing); or
b) you become insolvent as defined in condition 16.5.
6.2 Until you pay us all debts you may owe
us, you must inform us (in writing) immediately if you become
insolvent as defined in condition 16.5
6.3 Until you pay us all debts you may owe
us, if your right to use and sell the goods ends you must
allow us to remove the goods.
6.4 Until you pay us all debts you may owe
us, we have your permission to enter any premises where the
goods may be stored:
6.4.1 at any time to inspect
them; and
6.4.2 after your right to use them and
sell them has ended in accordance with condition 6.1.4,
to remove them using reasonable force if necessary.
6.5 Until you pay us all debts you may owe
us, despite our retention of title to the goods, we have the
right to take legal proceedings to recover the price of goods
supplied together with interest should you not pay us by the
due date.
6.6 You are not our agent. You have no authority
to make any contract on our behalf or our name.
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7. Risk
7.1 The goods are at your risk from the
time of delivery.
7.2 Delivery will be deemed to have taken
place either:
7.2.1 at our premises, when you or
your carrier have collected the goods; or
7.2.2 at the agreed delivery address, when
you have unloaded the goods.
7.3 You must inspect the goods on delivery.
If any goods are damaged on delivery (or only partially delivered)
you must mark the advice note accordingly and notify us in
writing within seven days of delivery and before their use
or resale. You must give us (or our carrier) a reasonable
opportunity to inspect the damaged goods.
7.4 If there is a complete failure of delivery,
you must notify us in writing within seven days of receipt
of our despatch documents or our invoice, whichever is earlier.
You will be deemed to have received delivery if you do not
do so.
7.5 If the goods are carried by an independent
carrier we will only consider claims under conditions 7.3
or
7.4 if you have complied in all respects
with the carriers conditions for notifying claims for loss
or damage in transit.
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8. Warranties
8.1 Except where otherwise provided, we
warrant that the goods:
8.1.1 comply with their description
on our advice note; and
8.1.2 are free from material defect at
the time of delivery
8.2 We give no other warranty (and exclude
any other warranty, term or condition that would otherwise
be implied as to the quality of our goods or their fitness
for any purpose and in particular (although without limitation)
for any goods which we have prepared in accordance with your
specification or instructions.
8.3 The warranty in condition 8.1.2 does
not apply to goods sold as “untested” and we are
not liable for any defect in these goods, except where specifically
provided by law. You are to indemnify us in respect of any
claim made against us in respect of goods supplied to you
as “untested”.
8.4 If you believe that we have delivered
goods that though undamaged are defective you must:
8.4.1 inform us (in writing) with
full details, within three days of discovering the alleged
defect; and
8.4.2 allow us to investigate in terms
of condition 6.4
8.5 If the goods are found to defective
in material or workmanship (following our investigations,
and you have complied with those conditions (in condition
7.3 and 8.4) in full, we will at(at our option) replace the
goods or refund the price.
8.6 PF Signs are not liable for any other
loss or damage (including indirect or consequential loss,
financial loss, loss of profits or loss of use) arising from
the contract or the supply of goods or their use, even if
we are negligent.
8.7 Our total liability to you (from one
single cause) for damage to property caused by our negligence
is limited to one million pounds.
8.8 For all other liabilities not referred
to elsewhere in these conditions our liability is limited
in damages to the price of the goods.
8.9 Nothing in these conditions restricts
or limits our liability for death or personal injury resulting
from negligence.
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9. Quantities & Specifications
9.1 If we prepare the goods in accordance
with your specifications or instructions, you must ensure
that the specifications or instructions are in writing and
accurate. You must ensure that goods prepared in accordance
with those specifications or instructions will be fit for
the purpose for which you intend to use them. We accept no
liability for any claim whatsoever relating to fitness for
purpose for goods which have been prepared in accordance with
your specifications or instructions other than that they would
not have been so prepared.
9.2 We are not obliged to supply test certificates
and may charge if they are requested.
9.3 Unless otherwise agreed in writing,
we shall have fulfilled our contractual obligation to you
in terms of the quantity to be supplied, if the quantity supplied
is within +/- 10% of the appropriate quantity of that specified
on our advice note.
9.4 Goods will be supplied within the current
British or European standards (as appropriate) unless otherwise
expressly agreed in writing.
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10. Return of goods
10.1 PF Signs will accept the return of
goods from you only:
10.1.1 by prior arrangement (confirmed
in writing by us)
10.1.2 on payment of an agreed handling
charge (unless the goods were defective when delivered);
and
10.1.3 in all cases, where the goods are
as fit for sale in their return as they were on delivery.
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11. Export Terms
11.1 You are responsible for complying with
any legislation or regulations governing the importation of
the goods into the country of destination and for the payment
of any duties due.
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12. Cancellation
12.1 If the order is cancelled (for any
reason) you are then to pay us for all stock (finished or
unfinished) that we may then hold (or to which we are committed)
for the order.
12.2 PF Signs may suspend or cancel the
order, by written notice if:
12.2.1 you fail to pay us any money
when due (under the order or otherwise)
12.2.2 you become insolvent in terms of
condition 16.5
12.2.3 you fail to honour your obligations
under these conditions.
12.3 You may not cancel the order unless
we agree in writing.
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13. Waiver and Variations
13.1 Any waiver of these conditions is binding
only if it is made in writing, signed on behalf of each party
and expressly stating an intention to vary these conditions.
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14. Force Majeure
14.1 If PF Signs are unable to perform our
obligations to you (or able to perform them only at unreasonable
cost) because of circumstances beyond our control, we may
cancel or suspend any of our obligations to you, without liability.
14.2 Examples of those circumstances include
act of God, accident, flood, explosion, fire, transport delays,
strikes, act of terrorism and other industrial disputes and
difficulty in obtaining supplies.
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15. Data Protection
15.1 PF Signs may use and you agree that
we may use and disclose any personal information about you
to third parties for the purpose of supplying goods and services
to you processing invoices and statements. In respect of any
of your personal data held by us, we agree to comply with
the provisions of the Data Protection Act 1998.
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16. General
16.1 Any contract made under these conditions
where the return address on the order is situated in England
or Wales, shall be governed by and constituted under English
law and the English courts shall have exclusive jurisdiction
in respect of such contract.
16.2 Any contract made under these conditions
where the return address on the order is situated in Scotland
shall be governed by and construed under Scottish law and
the Scottish courts shall have exclusive jurisdiction in respect
of such contract.
16.3 If you are more than one person, each
of you has joint and several obligations under these conditions.
16.4 If any of these conditions are unenforceable
as drafted it will not affect the enforceability of any other
of these conditions and if it would be enforceable if amended,
it will be treated as so amended.
16.5 We may treat you as insolvent if:
16.5.1 you are unable to pay your
debts as they fall due; or
a) any formal insolvency procedure (examples
of which include receivership, liquidation, administration,
voluntary arrangements (including a moratorium or bankruptcy);
b) any application or proposal for any formal insolvency
procedure; or
c) any application, procedure or proposal overseas with
similar effect or purpose
16.6 All brochures, catalogues and other
promotional materials are to be treated as illustrative only.
Their contents form no part of any contract between us and
you should not rely on them in entering into any contract
with us.
16.7 Any notice by either of us which is
to be served under these conditions may be served by leaving
it at or by delivering it to (by first class post or by fax)
the others registered office or principal place of business.
All such notices must be signed by an authorised signatory.
16.8 Unless expressly agreed otherwise if
the contract is governed by the laws of England and Wales
pursuant to condition 16.1 no contract between us will create
any right enforceable (by virtue of the contracts (rights
or third parties) Act 1999) by any person not identified as
the buyer or the seller.
16.9 Unless expressly agreed otherwise if
the contract is governed by the laws of Scotland pursuant
to condition 16.2 no contract between us will create any right
enforceable by any person not identified as the buyer or the
seller.
16.10 The only statements upon which you
may rely in making the contract with us, are those made in
writing by someone who is our authorised representative and
either contained in our estimate (or any covering letter)
and not withdrawn before the contract is made or which expressly
state that you may rely on them when entering into the contract.
16.11 Nothing in these conditions affects
or limits our liability for fraudulent misrepresentation.
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