Terms and Conditions
Orders for less than standard pack quantities will be subject to a £20.00 surcharge.
1) GENERAL: All quotations are given and all orders are accepted subject to these conditions of sale and no others. These conditions which supersede any other sets of conditions appearing in the Sellers catalogue or elsewhere shall override any other terms and conditions stipulated or incorporated or referred to by the Buyer whether in the order or in any negotiations.
2) QUOTATIONS: Unless previously withdrawn, the Sellers offer to supply the goods (hereafter called the "Quotation") is valid for 30 days from the date on which it is submitted to the Buyer, unless such period is subsequently extended by the Seller in writing. All quotations are subject to withdrawal or amendment at any time prior to acknowledgement by the Seller of an order for goods referred to therein and also subject to materials being available at the time of acceptance of the order. Clerical errors are subject to correction.
3) PRICES: Where the quantity ordered is less than the quantity stated than the quotation or delivery in instalments less than those specified in the quotation the prices quoted are subject to adjustment as appropriate. The Seller reserves the right at anytime before delivery to vary the price of the goods if, after the date of the quotation there is any increase or decrease in the total cost of such goods to the Seller arising from cause beyond the Sellers control. Provided that if any such price variation shall increase the price contained in the quotation the Buyer may by written notice to the Seller cancel the non delivered balance of the contract, unless the order is of a specialised nature.
4) DELIVERY: Each delivery shall be considered a separate transaction and the failure of any delivery shall not affect the due performance of the contract. Every effort will be made by the Seller to deliver the goods within the agreed delivery period but no guarantee of delivery date is implied and the Seller shall not be liable for loss or damages occasioned by any delay in delivery. Where the Buyer fails to accept deliveries in accordance with the terms and conditions of the order, the balance of the undelivered goods shall be invoiced to the Buyer, the goods being held at the Buyer's risk and any storage and additional carriage costs being charged to the Buyer's account. The Seller operates a credit insurance on all Buyers which covers all Buyer's orders. Orders may be held if they conflict with the credit limits defined by said policy.
5) PAYMENT: Subject to satisfactory references, payment shall be made on 30 days from end of month of invoice, otherwise payment is to be made by cash, credit card or cheque with order. If any sum owed by the Buyer to the Seller should be overdue for payment the Seller may withhold any goods due for despatch to the Buyer under any contract without prejudice to the Sellers rights and the Buyers liability under such contract. The Seller reserves the right to charge interest at the rate of 2% per month on any amounts overdue for payment. The Seller reserves the right to make additional charge to the Buyer in respect of freight/despatch, packing and handling where the total value of the order falls below the figure to be determined from time to time by the Seller. 5.1) On all payments made by bank transfer the customer will be liable for all bank charges. 5.2) The payment option "charge to my account" is available for use by purchasers with previously arranged credit accounts.
6) LOSS OR DAMAGE IN TRANSIT: The Buyer will examine goods on receipt and notification of any shortage or damage will be sent in writing both to the Seller and the Carrier within 3 working days of receipt. "Unexamined" signatures do not relieve the Buyer of his liability and the Seller shall not be responsible for any claim or claims if the Buyer fails to comply with the provisions of this clause. A clear signature obtained from the Buyer on the Sellers delivery note will be a prima facia acknowledgement by the Buyer that the goods received are in all respects in accordance with the details stated on the delivery sheet. Any claim for shortage must be in writing quoting the delivery note number to which the shortage relates. All shortages must be noted in detail on the Sellers delivery note and counter signed by the delivery driver.
7) REJECTION OF GOODS: The Buyer shall within 7 days of receipt of a delivery give notice in writing to the Seller of any matter or thing by reason whereof he alleges that the goods are not in accordance with the contract. If the Buyer shall fail to give such notice the goods of that delivery shall be deemed to be in all respects in accordance with the Contract and the Buyer shall be deemed to have accepted the goods and shall pay for the same accordingly. No goods shall be returned by the Buyer without the prior consent of the Seller in writing and the Seller reserves the right to repair/replace all returned items at his discretion.
8) LIABILITY: The Sellers liability for any shortage, failure or defect in the goods supplied shall be limited to the cost of making good any such shortage, failure or defect and the Seller shall not in any event be liable for damage or loss sustained or liability incurred by the Buyer as a direct or indirect consequence of such shortage, failure or defect. It shall be the responsibility of the Buyer to satisfy himself as to the fitness of the goods for any particular purpose and the goods are sold without any warranty express or implied as to their fitness for a particular purpose.
9) FORCE MAJEUR: Every effort will be made to carry out any contract based on the quotation but due performance of it is subject to variation or cancellation owing to Act of God, War, Strike, Lockout, Fire, Flood, Drought, Riot, Civil Commotion, restriction by Government or other competent Authority or any other cause beyond the Sellers control or owing to the Seller's inability to procure materials or articles except at enhanced prices due to any of the foregoing causes.
10) LAW: These conditions shall be constructed in accordance with and governed by English Law.
10.1) It is an offence to sell to any person under the age of 18 any knife, knife blade, razor blade, axe or any other article which has a blade or is sharply pointed. Any orders received for these items will require proof of age.
11) SAMPLES: Samples can be supplied at customers request and are charged and are non returnable. For samples, the minimum order surcharge will be waived.
12) CANCELLATION: Cancellation of orders for stock items carry 15% cancellation charge. Cancellation of orders for special items carry a 25% cancellation charge. Return carriage must be paid by the Buyer.
13) RISK AND PROPERTY:
13.1) Subject to clause 4 of these terms and conditions risk in the Goods shall pass to the Buyer at the time of delivery.
13.2) Notwithstanding the passing of risk in the Goods, title in all Goods supplied or sold by the Seller shall be retained by the Seller until all sums due on any account whatsoever from the Buyer to the Seller have been received by the Seller in cleared funds. Until such payment the Buyer shall hold the Goods as bailee on behalf of and in a fiduciary capacity for the Seller and shall keep the goods separate from those of the Buyer and third parties and properly stored, protected and identified as the Sellers property.
13.3) Pending the sale of the goods and the payment of all sums due on any account by the Buyer to the Seller the Buyer shall keep the Goods insured in the amount of the price at which the Goods were supplied to the Buyer against all insurable risks and shall hold the proceeds of any insurance monies relating to such Goods as trustee for the Seller and shall at the direction of the Seller forthwith pay over such proceeds to the Seller.
13.4) On the disposal of the goods by the Buyer prior to the payment in full of all sums due on any account whatsoever by the Buyer to the Seller (which the Buyer shall be entitled to do in the ordinary course of its business as the fiduciary agent of the Seller) the Buyer shall be liable to account to the Seller for that part of the proceeds of sale thereof ("the Seller's part of the proceeds") which is equivalent to the price at which the same were invoiced by the Seller to the Buyer. The Buyer shall as fiduciary agent for the Seller, pay the Seller's part of the proceeds into a separate bank account clearly denoted as an account containing monies deposited for the benefit of the Seller by the Buyer acting in a fiduciary capacity. Any such sub-sale by the Buyer shall as between the Buyer and the Seller be affected by the Buyer as agent for the Seller but as between the Buyer and the sub-purchaser shall be effected by the Buyer as principle. Upon request by the Seller the Buyer shall supply the Seller with details of any sub-sale and shall assign to the Seller any claim or right of action it may have against a sub-purchaser.
13.5) If the goods of the Seller are admixed with other products or materials, whether of the Buyer or of a third party, the Buyer shall have no interest in the product thereof ("the product"), and the Seller shall be the owner of the same solely or (in the case of products or materials contributed by a third party) in common with that party to the extent of the Sellers contribution to the product. The Buyer shall treat the product in the same way as the goods in accordance with the term of this clause 13.
13.6) Until such time as the property in the goods passes to the Buyer the Seller shall be entitled to entry upon any premises of the Buyer or any third party where the goods are stored or are thought to be stored and repossess the goods and, if the Buyer has failed to make payment by the due date, also to sue the Buyer for non payment.
13.7) The Buyer shall not be entitled to assign, pledge or charge by way of security for any indebtedness any of the goods or any invoice for the goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the seller) forthwith become due and payable.
13.8) The Buyer shall not be deemed to be the Sellers agent for any other purpose than maybe necessary to give effect to the provisions of this cause 13.
14) SPECIAL REQUIREMENTS: When manufacturing specials, whether it is screen printing, embossing, tool change etc., it is not always possible to produce the exact amount. We reserve the right to supply the amount required plus or minus 10% of the total order requirement.
15) VAT: Value Added Tax is added to all invoices at the current rate.
16) CARRIAGE: Carriage in mainland UK paid on orders of less than £300.00 nett (excluding some Scottish postcodes). Current carriage rates are:
£1 - £99.99 £12.50
£100 - 199.99 £18.00
£200 - £299.99 £20.00
£300 & above FREE
There are 2 areas in which the above Carriage Charges do not apply - "Scottish Highlands" and "Northern Ireland" where the carriage charges will be as follows:
£1 - £99.99 | £12.50 + Surcharge Scottish Highlands £20.00, Northern Ireland £30.00
£100 - 199.99 | £18.00 + Surcharge Scottish Highlands £20.00, Northern Ireland £30.00
£200 - £299.99 | £20.00 + Surcharge Scottish Highlands £20.00, Northern Ireland £30.00
£500 & above | FREE + Surcharge Scottish Highlands £20.00, Northern Ireland £30.00
Overnight carriage/urgent deadline deliveries are subject to charges on application. Carriage charges for delivery outside the UK mainland are on application.
17.1) Illustrations, photographs, weights, measurements and descriptions are statements of opinion and are provided for information only and form no part of the contract. Pictures are for illustration purposes only, refer to product description for full details.
17.2) The Company reserves the right to make any changes without notice in material, dimensions and designs which, having regard to all circumstances, it thinks reasonable or desirable, without affecting the validity of the contract.
17.3) All sizing and measurements are approximate. The company cannot accept any liability with regard to loss or damage arising from the use of the information contained in this website or for any errors or omissions. Due to a policy of continued improvement, the company reserves the right to alter specification or price or to withdraw products from range without prior notice. No reproductions of any part of this website may be made without consent in writing from Pro-tect Safety Signs.