Peninsula Networks Ltd Terms & Conditions
Prices
All prices are exclusive of VAT which will be added at the prevailing rate. Prices are subject to alteration without notice and revision in the case of errors and omissions.
Price Variations
The Seller reserves the right to increase the price of the goods agreed to be sold as a result of any increase in costs to the Seller between the date of acceptance of the order and the date of delivery (including but not limited to those relating to exchange rates, labour, materials, transport and taxes or where the increase is due to any act or default of the Buyer, including the alteration by the Buyer in accordance with clause 10 of all or part of any order).
Delivery
Delivery will normally be to the Buyer’s premises unless the Buyer requests otherwise. At the Seller’s discretion carriage may be at the expense of the Buyer depending upon the value of the goods to be transported. Any delivery period quoted is an estimate only and commences with the Seller’s acceptance of the order. Provided the Seller takes all reasonable steps to deliver the goods at the time stated the Seller shall not be liable for failure to do so. The Seller reserves the right to deliver in more than one consignment and each consignment shall constitute a separate contract and be invoiced accordingly.
Damage or loss in transit
Where delivery is effected by the Seller or any Carrier acting at the Seller’s expense the Seller will not be liable for any damage or loss in transit, unless written notice thereof is given to the Carrier and to the Seller within three days of delivery of the goods or as soon as reasonably practicable thereafter and in the case of loss of goods, notice in writing must be given to such Carrier and a claim in writing must be made to the Seller within fourteen days or as soon as reasonably practicable thereafter of the despatch of goods. Where delivery is affected by collection from the Seller’s premises of the goods by the Buyer or any Carrier acting at the Buyer’s expense, the Seller shall not in any circumstances be liable for any damage to or loss of the goods in transit.
Payment
For account customers only, payment shall be due 14 days from the date of invoice (“the due date”). Payment shall not be withheld on account of any claim by the Buyer against the Seller. The Seller reserves the right to charge interest at 2% per month on any sum outstanding after that date. For non account customers payment shall be due on the acceptance of order or on delivery at the Seller’s discretion.
The Seller reserves the right to suspend deliveries where payment for any order related or otherwise has not been made on the due date and remains outstanding.
Debt Recovery on unpaid invoices
In addition to the Seller’s right to charge interest, as per the above clause, the seller also has the right to claim the administration and associated debt recovery costs charged by a debt recovery agent for any unpaid invoices over the term as shown on the quote/order as accepted by the Buyer when placing the order.
Risk and Property
Risk of damage to or loss of the goods shall pass to the Buyer: in the case of goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the goods are available for collection; or in the case of goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the goods, the time when the Seller has tendered delivery of the goods. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due. Until such time as the 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 and insured and identified as the Seller’s property, but shall be entitled to resell or use the goods in the ordinary course of its business. Until such time as the 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. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
Description and Data
Goods will be supplied substantially as described. Where the Seller is not the manufacturer goods supplied will be to the manufacturer’s current specifications and finish. The Seller shall make every effort to ensure the accuracy of technical data or literature relating to the goods, but the Seller (so far as permitted by law), accepts no liability in contract, tort or otherwise for any damages or loss arising directly or indirectly from any error or omission in such technical data or literature.
Guarantees
The Seller guarantees at its discretion to refund the price of the goods or to repair or replace free of charge any of the goods which in the Seller’s opinion are found to be defective within 12 months of the date of delivery owing to faulty design, materials or workmanship, provided that the goods have not been modified or repaired other than by the Seller and have been operated, stored and maintained within the Seller’s recommendations for use. Goods returned under this guarantee shall be delivered to the Seller’s premises at the Buyer’s expense and risk and if found not to be defective in the Seller’s opinion (or when defect is attributable to the Buyer’s design or materials) will be returned to the Buyer at his own expense and risk and a testing charge of 15% of the Invoice Price together with VAT thereon if applicable will be made. The Seller shall under no further liability in contract, tort or otherwise, for any loss, damage or injury arising directly or indirectly from or in relation to the quality, fitness or description of the goods and their correspondence with sample and all other representations, warranties, conditions, terms and statements as regards the same express or implied, statutory or otherwise, are excluded save where not capable of exclusion at law. The Buyer shall inspect the goods and notify the Seller of any defects or other non-conformance within 3 days from the date of delivery or as soon as reasonably practicable thereafter. The Seller shall not consider the goods to be defective unless they are not in accordance with the Buyer’s specifications where there is an agreed specification; or if there is no such specification or to the extent that the specification is silent as to any aspect of the design, function, performance, tolerances, quality or characteristics of the goods, the goods do not conform to the Seller’s published information or, if no such information has been published, the goods do not conform to the standards which the Seller considers normal or usual for products of the kind sold at a similar price. Where the Seller is not requested by the Buyer or is unable to ensure that the Buyer’s specification is correct and/or sufficient for the purposes intended by the Buyer, the Buyer must satisfy itself on this point and the Seller shall not be liable in respect of any deficiency or inadequacy arising as a result of the Buyer’s specification. In the case of goods repaired or replaced by the Seller, this guarantee shall terminate at the end of 12 months from date of delivery of the original goods.
Limitation of Liability
The Seller’s liability to the Buyer for death or injury resulting from any negligence shall not be limited. Subject as set out above the Seller shall accept liability to the Buyer in respect of any damage to the tangible property of the Buyer arising in connection with the supply of the goods or services under this contract as follows:- The Seller’s entire liability for any act or omission of itself or its agents giving rise to such a claim shall be limited to £50,000.00. If a number of events give rise to substantially the same loss they shall be regarded as giving rise to only one claim under this agreement. The Seller shall not be liable to the Buyer for the any loss of profits, goodwill or other consequential loss whatsoever.
Alteration, Cancellation and Returned Goods
Once the order has been accepted, the Buyer will be liable for the costs of such goods under all circumstances. No cancellation or alteration to the specification will be permitted without prior written agreement and acceptance of cancellation or alteration to specification by the Seller. If the Seller agrees to accept cancellation of an order a charge of 20% of the total cancelled order price (together with VAT thereon if applicable) will be made. Except under the guarantee in Clause 8 no returns are permitted without the Seller’s previous written consent. If the Seller agrees to accept returns other than under Clause 8 they must be returned at the Buyer’s expense and risk in original condition. If tested by the Seller the goods returned will be subject to a minimum charge of 15% of Invoice Price together with VAT thereon if applicable.
Force Majeure
The Seller shall have no liability in respect of failure to deliver or perform or delay in delivering or performing any obligations under this contract due to any cause outside the reasonable control of the Seller including but not limited to Act of God, Fire, Floods, War and Civil Disturbances or Riot, Acts of Government, Currency Restrictions, Labour Disputes, Strikes, Unavailability of Materials or Failure of Supplier, Carrier or Sub-Contractor to deliver on time.
Storage
When delivery is delayed for reasons attributable to the Buyer or its agents, storage and other additional costs will be charged to the Buyer and the goods will be at the Buyer risk from the date of commencement of such delay. The Seller reserves the right to invoice the goods at the original delivery date which shall be the date of commencement of the guarantee.
Conditions of sale
The Seller’s Conditions of Sale shall be governed by English Law. In the event of inconsistency between the Seller’s and the Buyer’s conditions the Seller’s shall prevail. No variation of the Seller’s conditions shall be binding upon the Seller unless and until the variation has been accepted in writing by a duly authorised person on behalf of the Seller.
