General Conditions of sale (GCS)
Terms of Offer, Delivery and Payment
These general conditions apply to all quotations and contracts of sale for and on behalf of PFERD LIMITED (hereinafter referred to as PFERD TOOLS).
Headings
1) All headings are for guidance only and do not form part of these Conditions of Sale.
Alterations
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 TOOLS 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, for Carriage Paid, is £200, otherwise carriage will be charged at the prevailing rate.
3.4) All prices for goods shown are for delivery ex-factory excluding 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 TOOLS 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 TOOLS 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 TOOLS if PFERD TOOLS 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.
Quantity Variation
4) Due to the nature of the manufacturing process both PFERD TOOLS and the Customer will make an allowance to each other of a reasonable variation in the quantity of goods supplied for each order. This variation is usually no more than +/- 15%.
Delivery Date, Risk and Cancellation
5.1) Any date given for delivery by PFERD TOOLS is to be considered as an approximate estimate and cannot be guaranteed. PFERD TOOLS 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 TOOLS 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.
Quality and Suitability and Exclusion of Liability
6.1) The Customer will at all times determine the suitability of PFERD TOOLS' goods for its intended use and the customer will not rely upon representations made by or on behalf of PFERD TOOLS.
6.2) PFERD TOOLS 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 TOOLS about any alleged defect will be final and conclusive.
6.4) If goods supplied or processed by PFERD TOOLS are found to be defective PFERD TOOLS 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 TOOLS 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 TOOLS 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 TOOLS which causes injury or death.
Returns
7) PFERD TOOLS 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 TOOLS 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.
Title Retention
8) The risk in the goods will pass to the customer upon delivery but PFERD TOOLS 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 TOOLS. 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 TOOLS 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 TOOLS.
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 TOOLS 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 accord-ance with English Law.