Terms & Conditions
1. Application of Conditions
All goods are sold by Protechnix Limited Company Registration Number 04580575 ("the Seller") to any purchaser ("the Buyer") upon the following terms which shall prevail over any terms contained in the Buyer's order or in correspondence or elsewhere unless specifically agreed to in
writing and signed by a Director of the Seller.
All prices shown on our website are plus VAT at the current rate (15.00%) for all UK supplies.
VAT is also applied to all EU (European Union) countries unless we receive notification of a VAT registration number.
Payments made to PROTECHNIX LIMITED, 134 High Street, Chalgrove, Oxfordshire OX44 7ST, UK. If payments from the Buyer to the Seller for all the goods delivered in accordance with the details specified on the Seller’s internal order(s) or the Buyer's order(s) are outside the normal credit terms agreed by the Seller with the Buyer, the Seller shall (without prejudice to its other rights) be entitled, upon giving written notice to the Buyer, to treat the contract as repudiated by the Buyer in respect of further deliveries. The Seller reserves the right to charge interest on outstanding accounts at 2% per month.
Quotations valid 30 days from date of issue.
3. Payment Terms
a) Payment of invoices shall be made in full within the terms prevailing on the date of sale.
b) The Seller reserves the right to alter the amount of credit allowed to the Buyer either up or down, as business situations change.
c) Any breach of the Seller’s Conditions of Sale may result in discounts being cancelled or suspended as the Seller shall see fit.
a) Delivery dates mentioned in any acknowledgement of order or elsewhere are approximate only and are not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on any particular date or dates. Unless otherwise expressly agreed the Seller may effect the delivery in one or more installments. Each installment shall be treated as a separate contract.
b) The Seller’s liability for damages under this contract shall in no case exceed the purchase price of the goods claimed to be defective, if goods supplied by the Seller fail to conform to the express terms of the order, the Seller shall have the option of bringing the goods into conformity with the order requirement or taking them back and refunding the price. All sales are final. No goods shall be returned to the Seller without the Seller’s written permission, goods returned without the proper authority will be returned unopened (uninspected) to the customer and the customer held liable for costs involved in reshipment. Claims must be made within FOURTEEN working days of the date of despatch of the goods by the Seller (UK mainland).
c) No claim for damages or short delivery can be entertained unless notified to the Seller or the carrier within 24 hours of receipt, and confirmed in writing within five days. Claims for non-delivery must be notified to the Seller in writing within 21 days of invoice date. In the case of goods consigned overseas, the buyer should notify the Seller of any complaint in writing within 28 days of delivery and/or invoice date.
d) The Seller hereby guarantees that the goods sold shall be of merchantable quality at the time of sale. The Seller will replace all goods delivered found or agreed not to be of merchantable quality at the time of delivery free of cost to the buyer. No description of any of its products given by the Seller constitutes this a sale by description. The Seller’s liability is expressly limited to the replacement of goods agreed not to be of merchantable quality under this guarantee and placed at the Seller’s disposal. All warranties implied by statute are hereby unaffected.
5. Risk and Title
a) Risk in the goods shall pass to the Buyer on delivery. All goods supplied to the Buyer shall remain the sole and absolute property of the Seller as legal and equitable owner until such time as the Seller shall have received full payment for them together with full payment of all amounts owed by the Buyer to the Seller in respect of any other contract for the sale of goods.
b) Until such payment the Buyer shall be in possession of the goods solely as bailee for the seller and in a fiduciary capacity and shall store the goods separately and in such a way, as to enable them to be readily identifiable as the property of the Seller.
6. Variation and Returns
The Seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery though the quantity may be up to 10% more or less than the quantity specified in the contract and in such event the Buyer shall pay for the actual quantity delivered. Save as provided herein no return of goods will be accepted unless authorised by the Seller's Sales Department prior to dispatch and the Seller reserves the right to charge the minimum handling fee specified in 4 (c) above.
DISCLAIMER OF LIABILITY: THE SELLER SHALL NOT BE LIABLE TO THE BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON OR UNDER ANY CLAIM OR THEORY OF RECOVERY, REGARDLESS OF WHETHER THE BUYER’S LIMITED REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ANY CLAIM OR DAMAGES AGAINST THE SELLER EXCEED THE PURCHASE PRICE OF THE GOODS TO WHICH SUCH CLAIM OR DAMAGES RELATE.
8. Force Majeure
The Seller shall not be liable to the Buyer for loss or damage suffered by the Buyer as a direct/indirect result of the supply of goods by the Seller being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Seller's reasonable control.
9. Insolvency and Default
If the Buyer enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or if an order is made or a resolution passed for the winding up of the Buyer or if a Receiver is appointed over any of the Buyers assets or undertakings or if the Buyer takes or suffers any similar or analogous action in consequence of debt or commits any breach of this or any other contract between the Seller and the Buyer the Seller may without prejudice to any of its other rights stop any goods in transit and/or suspend further deliveries and/or determine the rights of the Buyer under Condition 5 and/or by notice in writing to the Buyer determine the contract.
10. Governing Law
The contract shall be governed by and constructed in accordance with English Law; the parties submit to the jurisdiction of English Courts.