terms and conditions
1. Definitions
Buyer: the person who buys or agrees to buy the goods from the Seller.
Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods: the articles which the Buyer agrees to buy from the Seller.
Price: the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller: means Performance Brands Ltd, The Pavilion, Bowcliffe Hall, Bramham, Wetherby, LS23 6LP.
2. Conditions
2.1: These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2: All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3: Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4: These Conditions may not be varied except by the written agreement of [a director of] the Seller.
2.5: These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
3. Price
The Price shall be [(amount)] (or) [the price quoted on the Seller’s confirmation of order]. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
4: Payment and Interest
4.1: Payment of the Price and VAT shall be due within [30] days of the date of the Seller’s invoice.
4.2: We reserve the right to change interest on overdue invoices from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.3: The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
5: Goods
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
6. Warranties
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].
7. Delivery of the Goods
7.1: Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2: The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3: The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4: If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
8.1: The Buyer shall be deemed to have accepted the Goods [48 hours] after delivery to the Buyer.
8.2: The Buyer shall carry out a thorough inspection of the Goods within [48 hours] of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3: Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and Risk
9.1: Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2: Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3: Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4: The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1: repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2: for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5: The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Returns of Goods
10.1: If the buyer wishes to return goods this can only be done with the approval of the seller.
10.2: Once the seller has approved the return of the goods then a Goods return number will be issued. No goods should be returned without a goods return number. If goods are returned without a goods return number then they will be rejected and no credit issued. Carriage on no fault returns is the responsibility of the buyer.
Once the seller has taken receipt of the goods with the goods return number then they will be checked. As long as goods are undamaged, unmarked and in original undamaged packaging then a credit will be issued for the full amount minus a 15% restocking charge.
10.3: Any items which are deemed to be faulty will not be subject to the 15% restocking charge.
11. Carriage of Goods of Goods
Carriage will be chargeable on all sales under £200 delivered to UK Mainland. This will be at the rate of £7.00. Carriage to Northern Ireland will be chargeable on all sales under £500. This will be at a rate of £15.00. Carriage to Eire will be chargeable on all sales under £750. This will be at a rate of £20.00.
12. Terms and Conditions
The seller maintains the right to alter the Terms and Conditions without any prior warning.
