Terms & Conditions — Precision Technology Supplies

1.Definitions

In these Conditions: “The Company” means Precision Technology Supplies Ltd. “The Customer” means the individual, firm or corporation contracting with the Company for the purchase of goods. “The Goods” means the products or materials supplied by the Company. “The Contract” means the contract for the sale of Goods incorporating these Terms and Conditions.

2.General

Any quotation or estimate given by the Company is an invitation to the Customer to place an order and thereby make an offer open to acceptance by the Company, and no order placed in response to or any other acceptance of a quotation or estimate shall give rise to a contract binding upon the Company.
These conditions are the only conditions upon which the Company transacts business and shall be incorporated in the Contract to the exclusion of all other terms and conditions, including any specified or referred to in any order placed by the Customer.
No variation of these Conditions shall have effect unless agreed by the Company in a document signed by a director of the Company and issued to the Customer.

3.Prices

All prices are exclusive of Value Added Tax, which will be charged at the rate applicable.
The price charged will be that ruling at the date of despatch of the Goods to the Customer; prices stated prior to despatch shall not be binding upon the Company.
For Goods delivered within the United Kingdom the price includes carriage if the order value at the prices ruling at the date of despatch exceeds £100. For Goods delivered outside the UK the price is F.O.B. English port if the order value exceeds £300. In all other cases the price is ex works and carriage is charged extra at cost. Any order valued at less than £10 will be charged at £10. Delivery charges for web orders are displayed in the checkout area at the point of sale.

4.Packing

If the quantity ordered is less than the Company’s normal carton quantity, the Company may at its discretion supply a single carton or supply in packets at extra cost. If a single carton is supplied, the Customer shall purchase the whole carton at the price ruling at the date of despatch.
Pallets, where supplied, are free of charge, but the Customer is requested to co-operate in their return. Goods will not be despatched in the Customer’s own containers, and the Company accepts no responsibility for loss or damage to such containers.

5.Passing of risk

The Goods shall be at the risk of the Customer:

if delivered to the Customer’s own premises by the Company’s own transport, from the time they are unloaded;
in any other case, from the time they are loaded on the vehicle on which they are to leave the Company’s premises, whether the Customer’s or a third party’s vehicle.

6.Inspection

The Customer shall inspect the Goods immediately on arrival (without being required to open any carton or packet) to ascertain that the number of items, cartons and quantities are as specified, that the Goods are as described, and whether they have been damaged in transit. Any discrepancy or transit damage must be notified to the Company in writing within three working days of receipt. Non-delivery must be notified within ten working days of receipt of the Company’s Delivery Note.

7.Cancellation of orders

The Customer shall not be entitled to cancel an order accepted by the Company except on terms that reimburse the Company for all costs, charges and expenses (including tooling and raw materials) incurred up to the date the Company receives written notice of cancellation.

8.Payment

Payment shall be made no later than the last day of the month following the month of despatch, unless the Company has agreed in writing to extend additional credit. If the Customer fails to pay, the Company may withhold despatch, suspend performance of any other contract, or require pre-payment. Overdue amounts bear interest at 5% per annum above NatWest base rate, or 10% per annum, whichever is higher, until paid. The Customer may not set off any claim against sums due to the Company.

9.Title to goods

Title and property in the Goods remain vested in the Company (notwithstanding delivery and passing of risk) until the price of the Goods and all other money due from the Customer on any account has been paid in full. Until title passes, the Company may repossess and resell the Goods on the events in Condition 13 or on non-payment, and the Customer shall store the Goods clearly identified as the Company’s property and allow inspection. These rights are in addition to the Company’s other remedies.

10.Performance

If, having used reasonable endeavours, the Company is unable to meet any despatch or delivery date, this shall not be a breach entitling the Customer to terminate or claim damages.
If the Company is delayed or prevented from performing by circumstances beyond its control (industrial disputes, fire, severe weather, government action, shortages, breakdown, war, or transport/communication interruption), it may suspend performance for the duration. If suspension exceeds six weeks the Customer may terminate by written notice, without prejudice to the Company’s right to payment for Goods already despatched and reimbursement of costs.

11.Guarantee

Where Goods are supplied entirely in accordance with the Customer’s drawings/specification, the Company is not liable if they prove unsuitable or not of merchantable quality under the Sale of Goods Act 1979.
Otherwise, if the Customer establishes to the Company’s reasonable satisfaction that the Goods were not of merchantable quality when despatched, the Company will accept their return and at its option refund the price or replace the Goods free of charge, provided the Customer notifies the Company in writing within 14 days of discovering the defect and in any event within three months of despatch.
Except as in (b), the Company is not liable in contract or tort for any direct or consequential loss arising from any defect, unsuitability, act/omission/negligence, or breach of any condition or warranty.
Nothing excludes liability for death or personal injury from the Company’s negligence, nor the conditions implied by Section 12 of the Sale of Goods Act 1979.
If a certificate of conformity is provided at the Customer’s request, its issue does not confer additional rights or remedies.

12.Tooling

All tooling costs will be borne by the Company unless otherwise expressly agreed in writing. All tooling remains the property of the Company to the entire exclusion of any interest of the Customer, notwithstanding that the Company charges the Customer the whole or a proportion of the cost.

13.Breach of contract by, or insolvency of, the Customer

If the Customer commits any breach; any distress or execution is levied on the Customer’s goods; the Customer makes an arrangement with creditors or is made bankrupt; or (being a limited company) has a receiver appointed or is wound up — the Company may, without prejudice to its other rights, suspend further performance or terminate the Contract by written notice. The Customer shall still pay for all Goods despatched beforehand and indemnify the Company against liabilities and expenses incurred, including raw materials, tooling, labour and overheads.

14.Waiver

The rights and remedies of the Company shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time, nor by any failure or delay by the Company in asserting or exercising such rights or remedies.

15.Data Protection Act

The Customer agrees that any personal data provided may be passed to our credit insurer, credit reference agencies and information providers, insurance companies, intermediaries and agents, who may keep a record of it. The data will be used for credit-risk assessment, insurance and related purposes, and we may also receive personal data from other sources.

16.Law

The Contract shall be governed by and construed in accordance with English Law, and the Customer irrevocably submits to the exclusive jurisdiction of the English Courts.

17.Website terms of use

By accessing and using our website you agree to comply with these terms of use, which together with our privacy policy govern PTS’s relationship with you in relation to this website. Content is for general information and subject to change without notice; no warranty is given as to its accuracy, completeness or suitability, and use of any information is at your own risk. Website material (design, layout, look, graphics) is owned by or licensed to us and may not be reproduced other than in accordance with the copyright notice. Unauthorised use may give rise to a claim for damages and/or be a criminal offence. Links to other sites are provided for convenience and do not signify endorsement. You may not link to this website without prior written consent. Use of this website is subject to the laws of England, Scotland and Wales.

18.Privacy policy

This policy sets out how PTS uses and protects any information you give us. We are committed to protecting your privacy; information collected will only be used in accordance with this statement. This policy is effective from 1st April 2010 and may be updated from time to time. We may collect your name and job title, contact information, demographic information (postcode, preferences, interests) and other information relevant to surveys or offers — used for internal record keeping, improving our products and services, periodic promotional emails, market research and website customisation. Suitable physical, electronic and managerial procedures are in place to safeguard the information collected.

19.Cookie policy

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once agreed, the file is added and the cookie helps analyse web traffic or lets the site recognise you when you return, tailoring its operation to your needs, likes and dislikes. You can choose to accept or decline cookies; most browsers automatically accept them, but you can usually modify your browser settings to decline cookies if you prefer.

Terms & Conditions of Business