Prolamps

CONDITIONS OF SALE

GENERAL
1. In these Conditions of Sale:
“The Company” means Prolamps “the Buyer” means the person, firm or company ordering or buying goods from the Company.
“The Goods” means the goods the subject matter of the relevant order or contract for sale.
2. No contract in respect of the Goods between the Company and the Buyer shall exist until the Buyer’s order has been accepted by the Company. In the event that the Buyer’s order seeks to make the sale subject to terms different from these conditions, acceptance of the Buyer’s order by the Company (whether or not such acceptance is accepted by formal order acknowledgement) shall be deemed to be a fresh offer by the Company on the basis of these conditions. In which event (unless these conditions are accepted by the Buyer prior to delivery) acceptance of delivery of the Goods by the Buyer shall constitute acceptance of the Company’s offer and the Contract of Sale shall be formed at that moment. No conditions or terms stipulated in any other communication or document shall vary or annul any of those conditions except insofar as the same are expressly consented to in writing by the Company.

PRICE
3. Quoted prices include the cost of normal packaging, delivery (exceptions apply), transit insurance (exceptions apply), VAT (exceptions apply) or installation charges (where applicable). Any work carried out additional to that specified in the relevant quotation or order, whether experimentally or otherwise, shall be charged.
4. The prices for the goods shall be those ruling at the date of despatch and the Company reserves the right to amend its quoted prices at any time prior to the date of despatch.

DESPATCH AND PAYMENT
5. (a) Unless otherwise specified the price quoted is packed ex our warehouse. An extra charge will be levied to cover delivery and insurance costs. A charge may be made to cover any extra costs involved for delivery to a different address.
(b) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
(c) Should work be suspended at the request of or delayed through any default of the Buyer for a period of 30 days the Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.

CREDIT POLICY AND PAYMENT INFORMATION
6. If you do not have a credit account open with us, please ask for a credit application form. Accounts usually take 10 days to set up, but this period can be reduced if this is specifically requested. Our Credit Controllers will be pleased to assist with any problems related to credit.
We are pleased to offer credit terms to qualified parties. Our credit terms are 30 days net from date of invoice. Statements are sent out at monthly intervals to enable you to check your current invoices paid and due. Accounts with overdue balances will be placed on credit hold. This means that no further goods will be shipped and all support and repair/warranty services withdrawn until the account is brought into order. Repeated failure to keep to our credit terms will result in the permanent loss of credit facility.
Payment may also be made by credit card. We accept payment by Visa (Barclaycard), MasterCard (Access), Switch & Delta.

RETENTION OF TITLE
7. The Company and the Buyer expressly agree that until the Company has been paid in full for the goods comprised in this or any other sales contract between them and all outstanding amounts due to the Company from the Buyer or any associated or subsidiary or holding company of the Buyer or from any director or shareholder of the Buyer or any other such company.
(a) The goods shall remain the property of the Company and the Buyer, as bailees of them for the Company, will store the same for the Company in a proper manner without charge and in such a way that the goods are clearly identified as being the property of the Company, notwithstanding that the risk therein shall pass to the Buyer as provided herein.
(b) At any time the Company may recover from the Buyer the goods remaining in the Buyers’ possession, and for the purposes thereof may enter upon any premises of or occupied by the Buyer or any third party (with the consent of that third party).
(c) The buyer has the right to dispose of the Goods in the course of its business for the account of the Company and to pass good title to the goods to their customers being bona fide purchasers for value without notice of the Company’s rights.
(d) In the event of such disposition the Buyer or its Director(s) (if a Limited Company) has the fiduciary duty to account to the Company for proceeds thereof but may retain therefrom an excess of such proceeds over the amount outstanding to the Company under this or any other sales contract between them and for all outstanding amounts due to the Company from the Buyer or from any director or shareholder of the Buyer or any other such company.
8. Notwithstanding the preceding condition, all risk in respect of the Goods shall be assumed by the Buyer upon delivery of the same to him.

BUYERS PROPERTY
9. (a) The Buyer’s property supplied to the Company by or on behalf of the Buyer shall, while it is in possession of the Company or in transit to or from the Buyer, be deemed to be at the Buyer’s risk and the buyer shall insure accordingly.
(b) The Company shall be entitled to make a reasonable charge for the storage of any of the Buyer’s property left with the Company before receipt of the order or after notification to the Buyer of completion of the work.

LOSS OR DAMAGE IN TRANSIT OR NON DELIVERY
10. The Buyer shall examine the Goods immediately they are delivered to him. The Company reserves the right to reject claims in respect of shortages or damage in transit or non-delivery of the Goods, or in the case of non-delivery 7 days after the due date for delivery.