CONDITIONS OF SALE

  1. Definitions
    • In these terms and conditions of sale "the Company" shall mean PMAgroup "the Buyer" shall mean the company, firm or person by whom an order is placed or with whom a contract is made. "the Goods" shall mean all or any part of the goods, materials or products supplied by the Company to the Buyer under the Contract.
  2. General
    1. These terms and conditions of sale comprise the basis on which the Company offers the Goods for sale and in any resulting contract ("the Contract") will prevail over and supersede any other terms and conditions of the Buyer.
    2. No variation of these terms and conditions of sale shall be effected unless expressly accepted by (an officer of) the Company in writing.
  3. Price
    1. All prices are net, exclusive of VAT and do not include carriage/delivery unless otherwise quoted.
    2. All prices will have VAT added (where applicable) at the current rates
    3. Where we charge separately for packing, carriage and insurance this will be discussed and agreed separately with you as part of the setting up and maintaining of a credit account. These terms will apply to any items ordered through the online checkout process
    4. The price of the Goods shall be that ruling on the date of delivery.
    5. The Company shall be entitled to increase the price at any time prior to delivery in the event of any increase in the cost of materials, labour or production (and shall give notice thereof to the Buyer).
  4. Order acceptance
    1. You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
    2. Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made.
    3. We may refuse to accept an order:
      1. where goods are not available;
      2. where we do not wish to extend credit to you;
      3. if there has been a pricing or product description error
  5. Payment
    1. The Buyer shall pay the full amount of each invoice in respect of the Goods by the end of the month following the month of invoice.
    2. Time for payment shall be of the essence, and the Buyer shall have no right of set-off, statutory or otherwise.
    3. Interest shall be due on all overdue amounts at the rate of 4% p.a. above the base lending rate of The HSBC Bank plc from the due date for payment.
    4. The Company (in its discretion) may at any time require the Buyer to pay cash or provide security for payment
  6. Delivery
    1. Delivery shall be deemed to take place when the Goods are delivered to or collected by an independent carrier (or by the Buyer, whichever shall first happen).
    2. Time of delivery is not of the essence and the Company shall not be liable for any loss or damage whatsoever suffered by the Buyer as a result of any delay in delivery or failure to deliver.
    3. The Company reserves the right to make delivery by more than one instalment, each of which shall constitute a separate contract and the Buyer shall not be entitled to refuse to accept delivery of any instalment or to treat the Contract as repudiated.
    4. Risk in the Goods shall pass to the Buyer upon delivery
  7. Loss or Damage in Transit
    1. Where the Goods are lost in transit otherwise than through the act or omission of the Buyer, the Company shall replace any items lost or damaged beyond economical repair or repair any items damaged provided that: -
      1. the Buyer has inspected the Goods immediately upon delivery,
      2. within 3 days of the receipt or collection of the Goods the Buyer has notified the Company in writing of any shortage, damage or defect,
      3. the Buyer has preserved the Goods in question intact and readily available for inspection.
    2. If the Buyer shall fail to comply with clause 7(a) the Goods shall be deemed to have been delivered in accordance with the Contract.
  8. Risk and Title
    1. Risk in the Goods shall pass to the Buyer upon delivery.
    2. Notwithstanding the passing of risk, the title to the property in the Goods shall remain with the Company until the Buyer has paid all sums due in respect thereof and any other sums owing to the Company in respect of other goods supplied.
    3. Until title to the Goods passes:-
      1. the Buyer shall hold the Goods as fiduciary agent and bailee for the Company,
      2. the Goods shall be kept separate and stored so as to be clearly identifiable as belonging to the Company,
      3. the Buyer is licensed by Company to sell the Goods in the ordinary course of business provided that the proceeds of any sale are held in trust for the Company and always identifiable, and provided also that the Buyer's power of sale may be revoked at any time by the Company and shall automatically cease if the Buyer becomes insolvent, enters into receivership, administration, winding up or any other form of discussions or agreement with creditors including, for the avoidance of doubt, any voluntary arrangement or scheme of arrangement, or if, for any other reason, the company considers that its interests are at risk.
      4. the Buyer shall on demand deliver up the Goods to the Company, which is hereby irrevocably authorised to enter the Buyer's premises for that purpose
  9. Returns
    1. Parts ordered to customers requirements can not be returned unless the goods are of unsatisfactory quality, not fit for purpose, or not as originally described.
    2. All other orders cancelled within 7 working days (commencing the day after receipt of the goods) will be credited in full. Cancellation of orders for items no longer required that have been correctly supplied after this period is at the discretion of the Company and will be subject to a 25% minimum handling charge.
    3. If you wish to cancel your order please contact us, if the goods have already been dispatched please return the goods to us in accordance with clause (d) below.
    4. For parts returned under warranty or order cancellation:
      1. before returning an item please contact us for delivery details
      2. all parts being returned for credit must be in a resalable condition. Items will not be accepted if they appear to have been fitted or if the packaging has been damaged or is missing.
      3. the cost of returning items is the responsibility of the customer
      4. all items returned must be accompanied by the relevant delivery note.
  10. Warranty
    1. No representation or warranty is given as to the suitability or fitness of the Goods for any purpose, even though that purpose may be known.
    2. The Company upon request will assign to the Buyer the benefit of any warranty it has in respect of goods manufactured by a third party and supplied by the Company.
  11. Liability
    1. Nothing in clause 11 shall exclude or restrict the Company's liability for death or personal injury resulting from its negligence.
    2. Company shall not be liable for any failure to deliver or perform the Contract resulting from force majeure or any other matter or event outside the Company's control.
    3. In the event of any defect of manufacture, materials or workmanship in the Goods [during the period of 12 months from delivery] the Company undertakes to either repair the Goods at its own expense or at its option to replace them provided that the Buyer:-
      1. notifies the Company in writing of the defect within 7 days of its discovery: and
      2. returns the defective item to the Company at its own expense.
    4. Subject to clause 9(c) the Company shall not be liable for any loss of or damage to or resulting from the supply or use of the Goods whether arising from breach of duty in contract or tort (including negligence by the Company, its servants or agents) and in no circumstances shall the Company be liable for any indirect or consequential loss or damage.
    5. (e) The total liability of the Company for all or any claims arising shall not exceed the price of the Goods.
  12. Indemnity
    • The Buyer shall indemnify the Company in respect of any claim made by any third party in connection with the Goods or any use to which the Goods may be put by the Buyer.
  13. Health and Safety
    • The Company has provided the Buyer with any product and technical information available on the safe use, storage, handling and distribution of the Goods. The Buyer shall be responsible for complying with all statutes, regulations and any codes of practice applicable thereto.
  14. Termination
    • If the Buyer:-
      1. commits a material breach of the Contract; or
      2. commits any act of bankruptcy or enters into receivership, administration, winding up or any other form of insolvency process then in any such event the Company shall have the right to cancel or suspend any further deliveries and treat the Contract as deter mined, but without prejudice to the Company's right to any sums due and damages for loss suffered in consequence of such determination.
  15. Assignment
    • (Neither the Company nor) the Buyer shall (not) assign or transfer the Contract or the benefits thereof without the prior written consent of the other party.
  16. Proper Law
    • The Contract shall be governed by and construed in accordance with English law and any disputes arising shall be subject to the exclusive jurisdiction of the English courts
  17. Invalidity
    • If any part of these conditions is found to be invalid (including any provision in which we exclude our liability to you) the validity of any other part of these conditions will not be affected.