Terms & Conditions of Sale

1. DEFINITIONS

"The Company" means Peter Turner Enterprises Limited.

"The Customer" means any third party to which the Company may agree to sell goods in accordance with the Company's standard terms &conditions of sale.

"The Goods" means the articles or things or any part or parts of them to be provided by the Company in accordance with the Company's standard terms & conditions of sale.

2. GENERAL

All orders are accepted and goods supplied subject to the following express terms and conditions (the Company's standard conditions of sale) and save to the extent that the exclusion or restriction of liability may be prohibited by statute, all other conditions, warranties and representations, expressed or implied and statutory otherwise, except as to title, are hereby excluded. Any order placed by a Customer shall constitute an offer to contract upon these express terms and conditions and no addition thereto or variation therefrom whether contained in the Customer's order; or otherwise shall apply unless expressly agreed in writing by the Managing Director of the Company.

3. ORDERS

All orders are subject to availability of the goods and to written acceptance by the Company's authorised representative. Any prior confirmation by the Company by facsimile, telephone or, email shall be deemed to be provisional only. Cancellation or amendments of orders may be subject to a charge.

4. MANUFACTURER'S SPECIFICATION

The Company will not be liable in any respect for any loss or damage caused by or resulting from any variation for whatever reason in the Manufacturer's specifications and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. The Company will endeavour to advise the Customer of any such impending variation as soon as it receives notice from the Manufacturer.

5. PRICES

All quoted or listed prices are exclusive of Value Added Tax or any other taxes. If before delivery of Goods there occurs any increase in any way of such costs in respect of Goods that have not yet been delivered, the price payable may be subject to amendment with notice at the Company's discretion.

6. CARRIAGE AND DELIVERY

Listed prices do not include delivery charges to the Customer. The Company reserves the right to levy a charge for delivery to a destination advised by the Customer.

7. PASSING OF RISK AND PROPERTY

The Goods shall remain the property of the Company until payment is made in full for all sums due under all Contracts between the Company and the Customer. The Customer shall hold all Goods property in which remains in the Company as bailee (and, for the avoidance of doubt, fiduciary) for the Company, shall store the same in such a way that it can be identified as the Company's property and shall keep it separate from the Customer's own property and the property of any other person. At any time whatsoever the Company shall be entitled to recover Goods property in which remains in the Company and for that purpose the customer hereby grants to the Company, its agents and employees an irrevocable license to enter any premises where such Goods are stored in order to repossess the same. If in the normal course of business the Customer shall sell Goods the property in which remains (prior to such sale) in the Company:

• the Customer shall hold on trust for the Company absolutely all the benefit and/or rights arising under any such sale:
• the Customer shall hold on trust for the company absolutely all proceeds of any such and shall pay the same into a separate bank account ('the trust account') (which shall at no time have paid into it monies other than the monies held on trust for the Company and shall at no time be overdrawn) as trustee for the Company. If as a result of or during the exercise of its rights referred to above (i) & (ii), the Company receives any monies, the same will not in whole or in part discharge:
  1. any of the Customer's liability to pay the purchase price under this or any other contract between the Company and the Customer or
  2. any other debts owed by the Customer to the Company.
  (i) the Customer shall hold on trust for the Company absolutely all the benefit and/or rights arising under any such sale.
  (ii) the Customer shall hold on trust for the company absolutely all proceeds of any such and shall pay the same into a separate bank account ('the trust account') (which shall at no time have paid into it monies other than the monies held on trust for the Company and shall at no time be overdrawn) as trustee for the Company. If as a result of or during the exercise of its rights referred to above (i) & (ii), the Company receives any monies, the same will not in whole or in part discharge:

  (1) any of the Customer's liability to pay the purchase price under this or any other contract between the Company and the Customer or
  (2) any other debts owed by the Customer to the Company.

However if as a result of payment by the Customer of all or part of the monies owed by it to the Company under this or any other contract together with receipt by the Company of monies as a result of or of the exercise of its rights under (i) and/or (ii) above, the Company receives in total monies exceeding in amount the Customer's contractual debts to it, the Company shall pay to the Customer a sum equivalent to such excess. The Customer's rights to use or sell the Goods are automatically revoked on the appointment of an administrative receiver to the Customer. Risk in the Goods passes to the Customer on delivery

8. DEFECTS AND USE

As expressly stated within the Company's standard terms & conditions of sale and to the extent that the exclusion or restriction of liability may be prohibited by statute, the Company shall not be liable for any loss of whatsoever to whomsoever or whatsoever nature caused arising out of the use of Goods. The Customer shall indemnify the Company against all claims made against the Company by any third party in respect thereof, unless otherwise agreed:

a) Where the Goods are rejected by the Customer for whatsoever reason, the Company will only accept the return of such goods provided that it receives written notice within 21 days and that the Goods are returned within 21 days of receipt of the Goods with the original packing and must be returned in the same condition that is was despatched to the customer. Any damage or loss to either the Goods or packaging will affect the amount of refund made.

b) Where the Goods are found to have defects or faulty workmanship in the Goods the Customer shall not be entitled to receive any compensation, credit or refund in excess of that received by the Company under any guarantee or warranty given to it by the Manufacturer or supplier.

9. GUARANTEE

In respect of Goods being the subject of any warranty or guarantee given by the Manufacturers, the Company guarantees to the Customer that such goods will be free from defect cause by poor workmanship for period of one year. Under this warranty the Company will at its option, either repair or give a replacement of equivalent quality or issue credit to the Customer for any goods found to be defective because of poor workmanship provided that;

.

(i) the Company is notified in writing within 14 days of first discovering the defects;

(ii) the Goods had been used in an appropriate manner;

(iii) the defective Goods are returned to the Company at the Customer's expense

(iv) examination by the Company of such Goods disclosed to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage installation or handling or by repair or alteration not effected by the Company;

(v) the Goods have not been modified or repaired otherwise than by the Company or otherwise interfered with.

(vi) the Customer shall pay to the Company the cost, as certified by the Company of any examination of such Goods as a result of which the Company denies liability.

10. RETURN OF GOODS

The Customer shall be entitled to return any unwanted Products (except bespoke Products) to the Company at its cost within 30 days of delivery subject to payment of a restocking charge equivalent to 15% of the price of the returned Products and the Customer having obtained a Return Authorisation Number (RAN) from the Company in advance of any such returns. No returns will be accepted more than 30 days after the date of delivery. All Goods must be returned in good condition.

11. PAYMENT

The Customer is liable to pay for all goods supplied by the Company on or before the 30th day following the date of invoice or in accordance with any individual settlement terms agreed in writing with the Customer. If payment is not received by the 30th day following the date of the invoice, the Company shall be entitled to charge interest on the amount due from that date until the date of payment in full (whether before or after judgement) at 5% over the base rate of NatWest Bank Plc. The Company reserves the right to hold, on file, valid credit card details to be held as surety against an account; only to be used in the event of non-compliance with the Company's standard terms and conditions. The Company reserves the right to suspend deliveries where payment is not received in accordance with these terms.

12. DELIVERY

Any delivery date quoted is not guaranteed nor is the time quoted for delivery a condition of the contract. The Company will not be liable for any failure to meet a delivery date nor for loss or consequential loss of any kind arising from a delay in delivery howsoever caused.

Any times quoted for despatch are to be treated as estimates and only and without prejudice, although every endeavour will be made by the Company to adhere to them. Quotations or offers of goods ex stock are subject to the Goods being unsold at the time of receipt of the Customer's written order (mail or fax or email). All despatch dates are calculated from the date of acceptance of the Company's written order.

13. NON-DELIVERY

The Customer has 7 days from invoice date, to inform the Company of any discrepancy

14. CUSTOMER'S DEFAULT AND CANCELLATION AND RE-SCHEDULING OF DELIVERIES

a) If the circumstances or status of the customer changes, for whatever reason the Company reserves the right without prejudice, to cancel or suspend trading with the customer including orders in progress.

b) Requests by a Customer for cancellation or amendment of an order or for the re-scheduling of deliveries will only be considered by the Company if made in writing (mail or fax or email) and shall be subject to the written acceptance of the Company or if cancelled or rescheduled at the request of the Customer, then the Customer will indemnify the Company against all loss costs (including the cost of labour, materials used and overheads incurred), damages, charges and expenses arising out of the order and the cancellation, amendment or rescheduling thereof to be calculated at 5% of the value of the order.

15. FORCE MAJEURE

The Company shall not be liable for the cancellation of any order or unfulfilled part thereof or for the effecting partial delivery if performance by the Company is prevented or delayed whether directly or indirectly by any cause whatsoever beyond the reasonable control of the Company whether such cause existed or was foreseeable at the date of acceptance of the Customer's order by the Company or not and without prejudice to the generality of the foregoing, any cause shall be deemed to prevent, hinder or delay the Company if the Company is thereby prevented, hindered or delayed from fulfilling other commitments whether to the Customer or to third parties.

16. NON-STANDARD PRODUCTS

Unless otherwise agreed the Goods are supplied in accordance with the Manufacturer's standard specification. In no circumstances will it consider cancellation of such non-standard products orders or the return of the Goods.

17. EXCLUSION OF LIABILITY

a) Except where provided for otherwise in these Conditions, the Company shall be under no liability of whatsoever kind howsoever caused whether or not due to the negligence or wilful default by the Company or its servants or agents arising out of or in connection with the goods. All warranties, conditions or other terms, whether expressly excluded providing that nothing in this paragraph shall exclude or restrict any liability of the Company or its servants or agents.

b) In any event, the Company's liability shall be limited to direct loss and shall not include indirect or consequential loss.

18. WAIVER

The waiver by the Company or any breach of any term hereunder shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.

19. INDEMNITY

In no event shall the Company be liable for indirect or consequential expenses incurred or damages. The Company disclaims all liability to the Customer for any losses as a result of negligence or other tortious act by the Company, its employees or agents.

20. FORMS

It is hereby acknowledged by the Customer that the only terms and conditions of trade that apply to the supply of goods by the Company to the Customer are those contained herein.

21. JURISDICTION

The agreement shall be governed by and construed in accordance with the law of England & Wales and they shall have jurisdiction to hear all disputes arising in connection with the agreement.

Call PTEL on 01202 893399
or email HERE

Site Contents
wireless data capture | auto ID | barcode data capture | RFID | label printing| receipt priniting
hand held terminals | scanners | truck and trolley mount terminals