Terms and Conditions
1. Definitions
1.1 The ‘Buyer means the Account Applicant or person who buys or agrees to buys, goods from the Seller.
1.2 The Seller means PANELS PLUS Ltd,
1.3 The ‘Conditions’ mean, the condition, of sale set out in this document and any special conditions agreed in writing by the Seller.
2. Conditions
2.1 These Terms and Condition, do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these Terms and Conditions which shall prevail over any other documents or communications from the Buyer.
2.3 No amendments to these Terms and Conditions are agreed unless confirmed in writing by the seller.
2.4 Acceptance of delivery of goods, shall be deemed conclusive evidence of the Buyers acceptance of these Terms & Conditions.
3. Prices
3.1 The price shall be that which is on the Sellers current Price List, website or if applicable the price contained within the Sellers written or emailed quotation.
3.2 Should prices change between receipt of order, and despatch, the Buyer will be notified and be given the opportunity to cancel or amend the order and be given a refund of any monies paid.
3.3 All prices are exclusive of VAT and charges for Packing, Postage and Delivery ( plus VAT. ) are charged extra.
3.4 All clients must make full payment before the despatch of any goods.
3.5 Time of payment shall be the essence of the contract and any failure to pay shall entitle the Seller at its sole discretion to treat the contract as broken by the Buyer and will claim all monies due by whatever legal means available.
3.6 If any proceedings shall be commenced in which the Buyers solvency is concerned, all monies under any transaction covered by these conditions shall immediately become due and payable.
4. Interest on Overdue Invoice,
4.1 Interest on overdue invoices shall accrue from the date when payment becomes due and continue on a daily basis until payment is received in full, at a rate equal to 2% above Nat West Banks base lending rate.
5. Warranty and Liability
5.1 The Seller warrants that the goods will at the time of delivery, correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer ( As defined in die Unfair Contract Terms Act 1977 section 12 ) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the goods, whether implied by Statute Common Law or otherwise arc excluded and the Buyer is satisfied as to the suitability of the goods for the Buyers purpose.
5.2 Orders will normally be delivered within 21 working days from receipt of signed order acknowledgement.
6. Delivery
6.1 Products supplied within the U.K. as hardcopy will normally be delivered within 21 working days from receipt of signed order acknowledgement.
6.2 Where a specific delivery date has been agreed, and if this cannot be met the Buyer will be given the option to agree a new delivery date or to cancel the order and receive a full refund.
6.3 Whilst every reasonable effort will be made to keep any delivery date, time of delivery date shall not be of essence and the Seller shall not be liable for any losses incurred by the Buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the goods shall be made to the Buyers address and the Buyer shall make all arrangements necessary to take delivery of the goods, whenever they tendered for delivery.
6.5 Delivery charges will be £3.00 per mile from KT1 2RJ with a minimum charge (ask our office for details)
7. Ownership and Risk
7.1 The risk in goods shall pass to the Buyer upon delivery of the goods, being appropriated to the Buyer but kept in the Seller’s premises, at the Buyer’s request.
7.2 The title of all goods supplied shall remain with the Seller until paid for in full.
7.3 The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller within 48 hours, of delivery if the goods are damaged or do not comply with any part of the contract. If the Buyer fails to do this the Buyer is deemed to have accepted the goods.
7.4 Any goods in respect of which any claim or defect or damage is made shall be preserved by the Buyer intact together with the original packaging at the Buyer’s risk and either- a) Retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the goods, or b) At the Sellers option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the goods are found to be defective.
8. Cancellation and Returns
8.1 If it is agreed that the Goods are to be returned — a) A Goods return number be obtained from the Seller and must be clearly shown on the returned parcels. b) The Buyer will be liable the cost of remedying any damage to the goods returned where such damage has, in the opinion of the Seller, been caused by the goods being inadequately packaged or through the Buyers negligence. c) The Seller reserves the right to make a handling and re-stocking charge of 5O% on goods which are returned if they were ordered in error or are no longer required. If the goods are found to be faulty or if they are being returned under Clause 8.2 then the re-stocking charge will not apply.
8.2 If you are a consumer you have the right in addition to other rights to cancel your contract with Panels Plus Ltd. and receive a refund subject to the re-stocking charge. You must contact us and inform us in writing of your desire to cancel your contract within five working days of receipt of the relevant product(s). You must return the goods to us, at your cost and we advise you to ensure the goods are adequately insured and securely packaged for any return journey.
9. Force Majeure
9.1 In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Power Cuts, Acts, of God, War, Strikes. Lock outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract of sale for as long us such fulfilment is prevented.
10. No Waiver
10.1 The Seller’s failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
11. Liability
11.1 Except as may be implied in law, the Seller shall under no circumstances be liable for any direct or indirect incidental or consequential damages how-so-ever caused. The Sellers liability shall in no circumstances exceed the price of the goods.
11.2 All property improvement activities carry a degree of risk as the skills of individuals and site conditions vary widely and as a result you should always make your own risk assessment of the task, read any manufacturer’s instructions and, where appropriate, consult a professional before starting the task. Panels Plus Ltd does not accept any liability for fixings or suitability of units as site conditions are out of the company’s control. Customers of Panels Plus Ltd understand that the company will not accept any liability or enter into claim either direct or consequential no matter what the circumstances.
12. Complaint.
12.1 If you have any complaint, about our service or any goods, or services supplied by Panels Plus Ltd then please contact us immediately. We undertake to take all the details from you as soon as possible and certainly within one working day. Our aim is to provide a solution within five working days wherever possible.
12.2 All complaints will be dealt with in a fair, reasonable and confidential manner.
13. Miscellaneous
13.1 These Terms and Conditions and any business conducted under shall be governed, construed and shall take effect in accordance with and conforming to English law.
13.2 If any part of these Terms and Conditions is found to be illegal or unenforceable under law such finding will not affect the validity or enforceability of the remainder of these Terms and Conditions. By placing an order with Panels Plus Ltd, you are deemed to be agreeing to and accepting these Terms and Conditions.