Van Racking Terms & Conditions
Conditions of Sale ( Van Racking)
Premier Link UK Limited (hereinafter referred to as "the seller")
Orders
Acceptance by the seller of an order shall create a contract incorporating these terms and conditions only save where otherwise agreed in writing and signed by both the Seller and the Customer. A quotation by the Company does not constitute an offer and may be revised or withdrawn at any time prior to accepting a Customer order. The Company’s acceptance of the Customer order shall be conditional upon approval of the Customer’s credit.
Prices
All printed price lists and all quotations are subject to alterations without notice. The final price payable will be subject to the cost ruling at the date of despatch from the seller’s premises. As we are VAT registered all prices include VAT at 20.00 %. Payment in full is required at point of order unless a credit account has been requested and duly authorised with a completed credit application form received and accepted by the Seller. Where a credit agreement is accepted payment shall be due thirty days from date of Sellers invoice save where specified in writing by the Seller to the contrary. The Seller reserves the right to impose a minimum item and invoice charges as advised from time to time.
Delivery and Risk
Whilst delivery dates are given in good faith by the Seller, they are not guaranteed and the Seller hereby excludes liability for loss or damages of whatsoever nature caused by delay in completing or delivering or failure to deliver any order or goods. The Customer shall not be entitled to treat the contract as repudiated or otherwise at end by reason only of such delay and the full price shall be payable without deduction. The customer shall provide at its own expense adequate assistance for unloading goods at their expense at their place of delivery within reasonable time from arrival of the delivery vehicle. In default, the Customer shall be liable for the additional cost of delivery or re-delivery thereby occasioned. The risk in the goods shall remain with the Seller until delivery to the place of delivery nominated by the Customer. The Seller shall not be liable under clause3(ii) above for loss, shortage or damage unless (a) the Seller is notified of any loss, shortage or damage within three days of delivery of the goods and further the Customer has confirmed the said loss, shortage or damage in writing within seven days of delivery. (b) in the case of non delivery the same is notified in writing to the Seller and the Carrier ( if known) of the goods in question alleged to be non-delivered within fourteen days of the date of despatch of the said goods as stated in the Seller’s advice note or invoice. This clause shall take effect to the exclusion of any other terms implied by law in relation to the risk and passing -off in goods.
Guarantee and Seller's liability
The Seller gives no warranty as to the fitness of goods supplied neither for any particular purpose nor in respect of goods received for processing, the fitness of any such goods for any process to be applied to the same, and all terms, conditions or warranties to the contrary implied by law or otherwise are hereby excluded. The Seller hereby excludes liability for consequential loss or damage howsoever occasioned arising out of supply or processing of goods whether incurred by the Customer or any third party. It is the responsibility of the Customer to examine and test all goods supplied by the Seller before the same are used for any purpose or altered from the state in which they were delivered.
Retention of Title until payment in full
The property in the goods shall remain vested in the Seller and shall not pass to the Customer until the Customer has paid the price for the goods in full. If payment of the price or any part thereof is overdue the Seller shall be at liberty (without prejudice to any other rights he may have) to recover and resell the goods or any of them and may enter upon the Customers premises with or without employees or agents for that purpose and re-take possession thereof. Payment of the price shall become due and fall immediately upon the commencement of any action, step or proceedings in which or as a result of which the Customer’s solvency is questioned or at risk. Notwithstanding that the property has not passed to the Customer the Customer shall be at liberty to use the goods in manufacture and/ or re-sell the goods but any such re-sale shall be deemed to be for the account of the Seller and the proceeds thereof whether received from the Customer’s purchaser or from any assignee of the debt due from the said Customer’s purchaser shall be held by the Customer on behalf of the Seller until such time as the price of the order of the goods is paid in full. Such money received by the Customer under the above clause shall be kept by the Customer in a separate bank account. Notwithstanding the foregoing provisions of this clause the goods are at the entire risk of the Customer from the time of delivery or collection as the case may be in accordance with section 3delivery and risk as listed above. Until payment in full of the price of the goods in the possession of the Customer shall be kept separate from all other goods to facilitate identification thereof. In the event of default in any payment by the Customer or appointment of receiver or liquidator over the assets of the Customer or / if the Customer (not being a Limited Company) has a receiving order made against him the Seller reserves the right to suspend deliveries of the undelivered part of any order and to reclaim any delivered goods that have not been paid for in full.
Force Majeure
The provisions of this contract shall be postponed or abandoned at the instant of the Seller if their fulfilment becomes temporarily or permanently prevented by circumstances reasonably beyond the control of the Seller and provisions relating to price and delivery herein shall be varied accordingly to take into account such circumstance.
Agents
No person, firm or company is authorised to enter into any contracts or incur any liability on behalf of the Seller, or in anyway bind the Seller, and no other person other than a duly authorised officer or employee of the Seller may give any guarantee or warranty, make representation or transact any business on behalf of the Seller.
Jurisdiction
This contract shall be governed and construed in accordance with the laws of England. NB: Nothing in this agreement shall affect your statutory rights unless they have been lawfully excluded or limited.
Miscellaneous
We may use your personal information now and in the future to provide you with information on products and service for marketing purposes undertaken by our company. For market research and tracking of sales data. We also may have to pass certain information on to Wurth group of companies for delivery purposes etc. If you prefer for this not to happen please contact us using on our on-line enquiry form and ask for your details to be removed from our database.
What happens if you’re not satisfied?
Should you not be satisfied with any aspect of the service we provide or any goods supplied please write to Customer Complaints Department, Premier Link UK, 95 Heyhouses Lane, Lytham St Annes, FY8 3RN, within seven days of work being completed or goods received, and we will endeavour to resolve your complaint within 21 days.
