TERMS AND CONDITIONS

 

All orders are subject to Pronto Ceramics (The Company) Terms and Conditions, and by placing an order with us you accept these Terms and Conditions.

CONDITIONS OF SALE AND FORMATION OF CONTRACT

Goods are sold under these Conditions to the exclusion of any terms or conditions referred to or supplied by the Customer, or which may otherwise be implied by trade, custom, practice or course of dealing. Acceptance by or on behalf of the Customer of delivery of any Goods shall in any event constitute the Customer’s acceptance of these Conditions.

ACCOUNTS AND PAYMENT

An application form for credit if desired, may be obtained from the Company and time should be allowed for necessary enquiries to be completed.

Unless expressly stipulated in writing by the Company (in relation to, for example, in store or online orders which require immediate payment) payment for Goods should be made no later than 30 days following the month of the relevant invoice without any set off or other deduction.

In addition to any other of the Company’s rights, if payment Is not made when due (i) interest may be charged on any overdue amount from the date on which payment was due to that on which it is made before or after any judgement on a daily basis at the rate of 3% above the Royal Bank  of Scotland PLC base rate from time to time In force, compounded monthly, (ii) all other invoices, whether or not they are otherwise due for payment, shall become immediately due and payable, and (iii) the Company reserves the right to apply amounts received first in settlement of interest on overdue debts then on debts due beginning with the oldest. The Customer shall also pay all legal and other costs incurred by the Company in recovering any amounts owing by the Customer and (where applicable) any Goods in which title has been retained by the Company, and such costs shall be due for payment immediately on invoice

CARRIAGE

Goods that are to be delivered may be consigned to destinations in Great Britain. The form of packaging and transport shall be at the Company’s discretion.

Unless otherwise agreed in writing the Company will not consign or otherwise deliver Goods to any parties other than those who are paying for the Goods.

If the Customer fails to take delivery of any Goods when tendered in accordance with the Company’s instructions, or to provide adequate delivery instructions, or to collect the Goods when notified they are ready for collection, the Company at its discretion may exercise any or all of the following rights: namely (i) to store the goods at risk to the Customer, (ii) to require the Customer to pay all storage, transportation. handling or other charges (including expenses in connection with the delay or detention of vehicles) incurred by the Company as a result of such failure and (iii) to require the Customer to pay for the Goods as though the delivery has taken place.

CONDITION OF GOODS

The Customer shall Inspect the goods at the first possible opportunity following delivery.

In respect of any Goods in which damage, pilferage or shortage Is revealed on delivery, or which are not delivered, the Customer must give the Company (and any third party carrier where applicable) written notice of any claim as soon as possible and in any case within 7 working days of receipt.

If any responsibility is accepted by the Company in respect of any missing or damaged Goods, the Company’s liability (other than any liability which we may not lawfully exclude) will be limited to replacing the goods or, at its discretion, allowing credit for their invoice value.

CONDITIONS OF SALE

Any samples, descriptive matter, or advertising produced by the Company or its suppliers are provided for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.

RETURNS

If we agree to uplift Goods which are alleged to be deficient in any way, this is not an admission of liability by the Company and is strictly subject to a quality check by the Company on return. The Company reserves the right to withhold refunds or credit if Goods are not returned in compliance with our returns policy.

Goods must be returned within 28 days of delivery and returns are conditional on the Customer providing proof of purchase.

Sale offers and special order Goods are strictly non-returnable. The return of any Goods may be subject to a re-stocking charge.

Consumers may have additional rights of return as detailed below.

If you are contracting with us as a consumer and (1) you place an order for standard Goods which are not the subject of a specification or special order and (2) the Order is placed via the Website or by telephone, then you may have the right to cancel your order within a seven day cooling off period beginning the day after you receive the Goods.

ALTERATIONS OF PRICES AND TERMS

The Company reserves the absolute right at any time to alter any of the selling prices of the Goods without any notice whatsoever however the price applicable to any particular Goods shall be the price as at the time of formation of the relevant Contract.

The Company reserves the absolute right at any time to alter the credit terms afforded to any Customer provided always that such alteration is reasonable in the circumstances and does not contravene applicable laws and regulations.

DELIVERY

If Goods are to be delivered then any dates quoted for delivery are approximate only. and the time of delivery is not of the essence of the Contract.

The Company will make reasonable endeavors to meet specific Customer requirements regarding the date and time of delivery / availability and at its discretion, where an inability to satisfy a Customer’s delivery requirements is identified, to inform the customer accordingly, but the Company shall not be liable for any loss. damage or expense arising from any delay in failure in delivery arising from a Force Majeure Event (as defined below), or from the act or omission of the customer.

CLAIMS

The Company shall have no liability in respect of any claim by the Customer under these Conditions unless the Customer has afforded the Company reasonable opportunity and facilities for the investigation of any claim and the making good of any discrepancy or defect, which opportunity must be given (in the case of any discrepancy or defect which is reasonably apparent on inspection) within a period of not more than 3 days from the date on which notice of the claim is given and before the Goods are used or re-sold.

It is the responsibility of the Customer to ensure that Goods are of an acceptable blend, specification and condition before fixing. The Customer expressly agrees and understands that the Company shall not be liable for any defect or discrepancy in respect of the Goods after the tiles have been fixed (other than in respect of liability which may not be lawfully excluded by the Company).

No Goods may be returned without the Company’s prior written authorisation. Goods will be collected by the Company unless alternative arrangements are agreed in writing.

Any Goods which have been replaced by the Company following the acceptance of a claim shall belong to the Company and may be disposed of only in accordance with the Company’s Instructions.

LIABILITY

Except as expressly provided in these Conditions or otherwise agreed in writing by it:

The Company shall have no obligation, duty, or liability in contract, tort, or delict (including negligence or breach of statutory duty) or otherwise howsoever in connection with the Goods except as set out in this Contract and except that the Company does not exclude liability for (1) death or personal injury resulting from Its negligence (2) fraud or fraudulent misrepresentation (3) breach of terms implied by section 12 of the Sale of Goods Act (4) defective Goods under the Consumer Protection Act 1987 or (5) any matter in respect of which it would be unlawful for the Company to exclude or restrict liability

The Company shall not be liable to the Customer for any indirect or consequential loss, including but not limited to

(1)    wasted time or expenditure;

(2)    loss of profits;

(3)    loss of production;

(4)    loss of business revenue

(5)    loss of expected savings

(6)    loss of or goodwill or

(7)    any claim by any person against the Customer

nor (except as provided above) shall the Company be liable for any loss or damage to any goods or injury (including death) to any person caused by or arising from the use or attempted use of the Goods.

RETENTION OF TITLE

Whether or not risk in the Goods shall have passed to the Customer, the property and title in the Goods shall be and remain with the Company until the Company has received in cash or cleared funds payment in full for the Goods and for all other goods supplied by the Company to the Customer, and all other sums then outstanding from the Customer to the Company.

Until the property and title to the Goods passes the Customer shall:

(1) hold the Goods on a fiduciary basis as bailee for the Company and ensure that they are at all times clearly identified as the property of the Company;

(2) store the Goods separately from all other goods held by the Customer so that they remain readily, identifiable as the Company’s property;

(3) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery:

Until the property and title to the Goods passes to the Customer, the Company shall be entitled at any time on demand to:

(1) Repossess and sell all or any of the Goods and thereby terminate (without any liability to the Customer) the Customer’s rights to use or sell them, and

(2) Enter any premises where Goods are located for the purpose of inspecting and/or repossessing them.

(3) Raise and maintain an action against the Customer for the price of the Goods although title to them has not passed to the Customer.

The Company transfers to the Customer only such property, title and rights of use as the Company has in any Goods.

Where the Customer is consumer, the statutory rights of the consumer are not affected by these Conditions.