Terms and Conditions
Terms and Conditions PLUMB IT PLUMBING MERCHANTS LTD GENERAL CONDITIONS OF SALE. These Terms and Conditions are applicable to all sales and supplies of goods and services by Plumb It Plumbing Merchants Ltd (PIPM)
1. These conditions will apply to all orders for goods placed with PIPM notwithstanding anything to the contrary which may be contained in the customer’s documentation, communication, or order form. No variation of these Conditions will be of any effect unless expressly agreed by PIPM in writing.
2. Promises of delivery are given to the best of our ability but without liability.
3. All orders are accepted on condition that prices payable for goods supplied by PIPM will be those applying at the date of despatch. All prices are expressly stated to be exclusive of V.A.T. at the current rate. All goods will be invoiced accordingly. Invoices for goods supplied to credit account Buyers are due for payment by the Buyer on or before the last day of the month following that of delivery. In the event of the Buyer not making payment as above PIPM reserve the right to charge interest on the amount overdue at the rate prescribed under the Late Payment of Commercial Debts (Interest) Act 1998 for the time being in force calculated from the daily basis until the date of payment and being payable without deduction of tax.
4. Notice of any claim arising out of or in connection with this contract must be given in writing to PIPM’s within 7 working days. In any event all goods must be examined at the time of delivery and returned if unsatisfactory. Claims cannot be entertained for goods which are signed for “unexamined”, or for shortages, losses or any other damage sustained to goods unless PIPM’s driver is notified at the time of delivery and Delivery Notes marked accordingly. Where Manufacturers of products supplied by or through PIPM have limited their liability in respect of any loss that may stem from such products or supply then PIPM’s liability (if any) on the sale of the said products or supply to customers shall be limited to that same extent. Subject to the foregoing and so far as statute permits PIPM’s liability (if any) in respect of any such claim will not exceed the replacement of the defective or incorrect goods or making good the shortages F.O.C. or at PIPM’s discretion refunding the price paid for the goods. PIPM shall not be liable for any consequential loss or damage of any kind whatsoever (including but not limited to pure economic loss)
5. Goods returned. Goods cannot be supplied on a sale or return basis. In general, goods specially ordered from our suppliers cannot be accepted back.
6. Where by express agreement with PIPM the Buyers return goods to stock, a minimum handling charge of 25% of the invoice value plus any carriage or other costs incurred will be deducted from the amount to be credited.
7. The goods become the Buyer’s risk on delivery.
8. Notwithstanding delivery and thereon the goods becoming the Buyer’s risk, or any provision of these conditions, the goods shall remain the sole and absolute property of PIPM as legal and equitable owner until PIPM has received in cash or cleared funds payment in full of all amounts owing to PIPM by the Buyer on any accounts whatsoever. PIPM may maintain an action for the price of the goods notwithstanding that PIPM retains ownership of them.
9. The Buyer until the happening of any of the events referred to in clause 10 below shall be entitled to sell the goods in the normal course of business on condition that the Buyer shall until such resale keep the goods separate and identifiable as the property of PIPM and properly stored, protected and insured and the proceeds of resale shall be held by the Buyer in a fiduciary capacity as agent for PIPM until the total amount of the indebtedness to PIPM is discharged. The Buyer agrees that PIPM may enter onto its premises to verify that its obligations under this clause have been complied with. Any goods to which PIPM retains title may not be annexed to the Buyer’s premises nor those of its customers before full settlement of all outstanding accounts.
10. The Buyer agrees that in the event of any payment being overdue in whole or in part or any act or proceeding involving the Buyer’s solvency being taken the Buyer’s right to sell the goods shall cease and PIPM (without prejudice to any other rights it may have) may by its servants or agents enter upon the premises of the Buyer without notice to recover any goods to which PIPM retains title. An act involving the Buyer’s solvency includes but is not limited to a notice of intention to appoint administrators and a proposal for the Buyer to enter into an voluntary arrangement with its creditors.
11. If any part of these conditions is found by any Court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of these conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
12. Cancellations will only be acceptable to PIPM if they are communicated in writing and are received by PIPM prior to despatch of the goods. PIPM is unable to accept amendment or cancellation of orders for goods or products which are manufactured as a special item.
13. All materials, specifications, colours and prices shown in PIPM’s (+ various suppliers under PIPM’s roof) Price Lists may be subject to alteration at any time. PIPM reserves the right to withdraw products without notice and customers are expressly advised that all goods shown in PIPM’s (Suppliers) Price Lists are offered subject to being unsold on receipt of order.
14. These terms and the agreement for sale of goods are subject to the law of England and Wales. PIPM and the Buyer irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to determine any dispute or claim (including noncontractual disputes or claims) arising out of or in connection with the sale of the goods and the interpretation of these terms.