TERMS AND CONDITIONS OF SALE

Definitions

In these conditions unless the context requires otherwise: Buyer mans the person who buys or agrees to buy the goods from the seller Conditions means the terms and conditions of sale as set out in this document and any special additional terms as set out in writing by the seller Goods means the items that the buyer agrees to purchase from the seller and Seller means Pro-Trade UPVC Limited Unit 8 Optimum Business Park, Optimum Road, Swadlincote, DE11 0WT.

Terms of Business

All contracts for the sale of goods by Pro-Trade UPVC Limited are made subject to these Conditions and where applicable to the written terms of any quotation.

Quotations

Quotations issued by the seller remain fixed for 30 days from their date unless otherwise stated in the particular quotation. The seller may withdraw any quotation at any time before the customer’s acceptance.

Prices

The price shall be the sellers quoted price. The price is exclusive of VAT which shall be due at the rate shown on the sellers invoice. All prices are based on the current costs to the seller as at the date of quotation. In the event of any unforeseen change in these costs Diverse reserves the right to change its prices accordingly.

Payments

All goods will be invoiced at the time of or soon after delivery has been taken by the seller. Payment of the price and VAT shall be due on delivery or where the buyer has an account with the seller it will be due on the date as specified in your account offer letter as received from the seller.

Delivery

Delivery of the goods will be made to the buyers specified address on the delivery date and it is the responsibility of the buyer to make all arrangements to take delivery of the goods whenever they are tendered for delivery. The seller will make all reasonable efforts to effect delivery of goods within the time or by the dates stipulated in quotations but these times and dates are given and intended only as estimates and the seller shall not be liable for any loss or damage indirect or direct caused to the buyer by late delivery.

Acceptance of Goods

The buyer shall be deemed to have accepted the goods 24 hours after delivery to the buyer. After acceptance the buyer shall not be entitled to reject the goods which are not in accordance with the contract.

Risk

Risk of damage or loss of the goods shall pass to the buyer upon delivery to your specified address or upon collection by the buyer or one of the buyers representatives from the sellers premises. In spite of delivery or collection being made by the buyer property of the goods shall not pass from the seller to the buyer until such time as the seller has received cash or cleared funds payment in full of the price of the goods.

Default

If in relation to any contract payment in full is not made by the due date; Or the buyer commits any other substantial breach of the contract or makes or offers to make any composition with creditors or commits any act of bankruptcy or if (the buyer being a company) any resolution or petition to wind up the business of the buyer is passed or presented (other than for the purpose of a bona fide amalgamation or reconstruction) or if a receiver of the undertaking or assets of the business of the buyer or any part thereof is appointed then The seller shall be entitled (i) to recover damages in respect of any loss or damage caused by the breach by the buyer and/or (ii) to retain any deposit paid. (iii) to cease work on the contract in question and any other contract with the buyer and to cease making deliveries to the buyer of any goods whether under the contract in question or any other contract and/or (iv) to cancel the contract and remove and sell the goods and apply the proceeds of sale and any deposit received towards satisfaction of the buyer’s liability to Diverse under the contract.

Force Majeure

Any contract may be cancelled or suspended in whole or in part by The Seller without liability on its part for any loss or damage arising directly or indirectly from such cancellation or suspension in consequence of the prospect happening or result of any industrial dispute, Act of God, war, civil commotion, legislation, breakdown of machinery, inability to obtain supplies, inability to obtain raw materials, equipment, fuel power or transportation, inability to obtain any necessary import or other licenses or consents of any governmental authority or any other cause or circumstances whatsoever beyond its control.

Waiver

The Seller shall not be deemed to have waived the protection of any of these Conditions by reason of any indulgence given to the buyer whether as to time or otherwise or by the undertaking of any work for or any delivery of goods to the buyer whether undertaken or delivered with or without knowledge of the facts giving rise to a right to cease work or to cease making deliveries.

Storage

Where dispatch of goods is delayed at the customer’s request or by reason of the customer’s failure to give proper instructions as to delivery within 14 days after Diverse has notified the customer that the goods are ready for dispatch the buyer shall be entitled to arrange storage for the goods either at its own works or elsewhere and all charges for storage insurance and where applicable carriage shall be paid by the customer.

Cancellation

The seller may cancel this contract at any time before the goods are delivered/supplied by giving written notice. On giving such notice the seller shall repay to the buyer any sums paid in respect of price. The seller shall not be liable for any loss or damage whatsoever arising from such cancellation. The buyer acknowledges that the gods supplied are bespoke to the buyer’s specifications and no order which has been accepted by the seller may be cancelled by the buyer except with the agreement in writing of the seller and on terms that the buyer shall indemnify the seller all costs incurred as a result of such cancellation.