Terms and conditions
(PPC) PPC Solutions Limited (The) Customers. The person or firm or company Purchasing from PPC Solutions Ltd.
2.1 All contracts entered into for the sale and / or supply of goods or services between PPC and the Customers after the date hereof shall be subject to the following Terms and Conditions unless otherwise agreed by PPC in writing.
2.2 A contract to sale or supply goods or services shall be created only when PPC has Accepted, either in writing or orally or by conduct, an offer from the Customer for the purchase by or supply to of goods or services and such acceptance and contract shall be subject to these Terms and Conditions.
2.3 These Terms and Conditions shall override any representation made to the customer or any Terms and Conditions warranties stipulated incorporated or referred to by the customer prior to the contract or in the Customers order unless PPC expressly in writing otherwise agrees.
3.1 In the event of items being ordered incorrectly or wrong delivery addresses supplied, the dealer will be responsible for the full cost of collection and return, and will be invoiced accordingly, or alternatively can return at their own cost. In any case, the items must be placed undamaged in an outer box(es) and packed securely. PPC reserves the right to charge a 10% restocking fee. A Return Materials Authorisation (RMA) number must be requested through PPC’s Customer Service dept. If the returned items are not received in saleable condition no credit will apply.
4.1 Unless otherwise stated all prices quoted are for goods collected from the premises of PPC or its Employees Agents.
4.2 PPC reserves the right to vary the prices displayed in its Price Lists without notice to the Customer and the price payable by the Customer shall be that price ruling at the date of despatch.
4.3 Where applicable Value Added Tax (or any similar tax in force from time to time) will be added to the price payable by the Customer.
5.1 Unless otherwise agreed in writing between PPC and the Customer, payment is due by the last day of the month immediately following the month in which the Products are delivered or services Rendered.
5.2 Where an Order is spread over more than one delivery, each delivery will be invoiced as dispatched and payable in 4.1.
5.3 If payment is not received in full when due, the Customer shall pay interest on the unpaid amount at a rate of 4% above Barclays Bank plc base lending rate ruling at that time.
5.4 PPC reserves the right to defer without penalty delivery of any goods or services which have been ordered by the Customer so long as any amounts remain overdue for payment or any credit limit exceeded.
5.5 PPC reserves the right off amounts due to the Customer for purchases from it against payments due to PPC by the customer.
6. Specifications and Quality
6.1 All specifications illustrations, drawings, weights and measures and other data issued by PPC are an approximate guide and shall not form part of the implied terms of any agreement with the Customer except where PPC has provided express written details of product specification.
6.2 No condition or warranty, express or implied, is given by PPC as to quality or fitness of the goods for any particular purpose unless expressly warranted by PPC in writing.
6.3 Claims by the Customer for goods considered faulty will only be entertained if the following procedure is adhered: to Claims must be in writing detailing a) the type and quality of the goods b)An explanation of the problem c) a sample of the alleged faulty goods d) either the date(s) they were supplied or the invoice numbers and where the alleged fault affects copy print quality then e) sample prints illustrating the fault and f) the service history of the machine in which the returned sample goods were installed. The liability of PPC is limited to the replacement of goods or a refund of the cost and returned goods. Goods for return on acceptance of liability by PPC should be packed by the customer for collection by PPC who will bear the returned the delivery costs.
6.4 No claims will be accepted for defects notified to the customer before delivery.
6.5 PPC reserves the right not to accept Goods returned without prior agreement. Such goods will be liable to an inspection charge of £10.00 and the customer will pay collection changes.
6.6 If any goods or services supplied by PPC prove by defective, the Customer shall notify PPC in writing as soon as practicable. PPC will repair or replace or remedy at its expense but will not be under any further liability.
6.7 Claims in respect of any alleged discrepancies on invoices must be made within 30 days of date receipt.
7.1 All delivery are estimates only and PPC shall not be liable for any loss, cost, damages or expenses suffered by the Customer or any other person of Company howsoever arising whether directly or indirectly out of any failure to meet any estimated delivery date.
7.2 If instructions for delivery are not received within 14 days of PPC advising the customer that goods are ready for dispatch having been ordered, PPC reserves the right to change for storage and insurance and to regard the goods as delivered for purpose of payment charge.
The risk in all goods shall pass to the Customer at point of the delivery and before unloading.
9. Reservations of Title
9.1 Until full payment for any goods supplied under this or any other contact with PPC had been received by PPC: The property in the goods shall remain in PPC but the Customer shall be at liberty to sell the goods (subject to 9.3 and 9.4 below).
9.2 The Customer shall keep and store the goods as Bailee in such a way as they can be identified as being property of PPC.
9.3 The Customer's power to sale will automatically cease if it becomes bankrupt or has a Receiver or Administrator appointed over all or any part of its assets or business or suffers the presentation of a wind-up petition or it fails to satisfy any judgement within 14 days.
9.4 PPC may at any time revoke the Customers power of sale by notice to the Customer if the Customer is in default for longer than seven days in the payment of any sum due to PPC or if PPC has bona fide doubts that the Customer is unable to pay its debts.
10. Loss or Damage In-Transit
No claim for loss or damage in transit will be considered unless it is received by PPC within 14 days after date of dispatch. If a claim is established, the liability of PPC will be limited to replacing or repairing the missing or damaged goods or at PPC's option, refunding the purchase price.
11. Consequential Loss
11.1 PPC hereby expressly excludes to the extent permitted by Law any liability (arising in contact or tort in howsoever otherwise arising) for, consequential loss or damage caused by or arising out of the use the goods and services or occurring in respect of them.
11.2 Loss or damage due to fair wear and tear and negligence or improper use, operation, storage or handling.
11.3 Loss injury or damage (including consequential loss) arising from fire, accident, industrial dispute, civil disturbance, war, or any other act or accidental default interfering with the manufacture, supply, dispatch or delivery of goods and services and beyond the reasonable control of PPC.
Order placed cannot be cancelled except with PPC's consent in writing and on terms, which will indemnify PPC against loss.
13.1 PPC shall be entitled without prejudice to its other rights to terminate the contract or at its option to suspend further deliveries in event of non-payment (clauses 4.1 to 4.5) or if the Customer fails to take delivery of the goods in accordance with the contract or if any of the events mentioned in clause 9.3 occur or if a delivery is prevented, delayed, or interrupted by rules, regulations or orders of any Government or Local Authority or by any of the events mentioned in clause 11.3.
14. Governing Law
These Terms and Conditions of Sale in all respects be governed by and construed in accordance with English Law.