Terms and Conditions
Standard Conditions Of Sale
1 GENERAL
These conditions apply to all sales made by us to customers in the United Kingdom. They can only be varied in writing by us and are to the exclusion of all other terms or conditions of purchase, sale or otherwise.
2 ORDERS
No orders shall be binding by us until accepted in writing or by delivery of the products. However, orders are accepted only on these conditions.
2A VARIATIONS IN QUANTITY
Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon a margin of 10 per cent being allowed for overs or shortages. The same will be invoiced or credited accordingly. Thickness given is calculated plus or minus 10 per cent.
3 DELIVERY DATES
Any times quoted for delivery are estimates only. Whilst every effort will be made to deliver within any times quoted or requested, no liability will be accepted for failure to do so.
4 RETURNS
Proton Supplies are committed to providing customers with the highest quality products and service. If, for whatever reason you decide to return goods THAT HAVE BEEN CORRECTLY SUPPLIED BY US, THESE GOODS must BE returned to us IN ORIGINAL CONDITION BY YOU & at your cost, WITH A PHOTOCOPY OF OUR ORIGINAL INVOICE INCLUDED AND AN EXPLAINATION FOR THE RETURN, where upon a full credit less the actual cost to us of sending the goods to you (Please note that this is the ACTUAL COST to us not the amount of carriage you were charged for as on many orders the carriage charge is subsidised) will be issued. This applies to consumers only, trade customers may also be levied with a 20% handling charge, although this will be at our discretion.
If on the rare occasion, products are found to be faulty, defective OR INCORRECTLEY SUPPLIED AGAINST YOUR ORDER , Proton Supplies offers a "no charge" collection, repair and delivery service. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present when the courier arrives at the collection address.
5 DAMAGE OR LOSS IN TRANSIT
We can accept no liability for products lost or damaged in transit unless;
a) Damage or shortages are notified to us in writing within three days after the date of delivery and where products are consigned by an outside carrier only if the customer complies in all respects with the carriers conditions of carriage for notifying claims for damaged or shortages.
b) Non-delivery is notified to us in writing within fourteen days of our invoice date.
6 PRICES
The prices charged are to be those ruling at the date of despatch. Where products are delivered by instalments the prices shown are those ruling at the date of despatch of each instalment. If the Buyer places an order via the sellers website the price payable for the goods will be
set out on the web at the time the seller places the order.
Value added tax is charged additionally at the appropriate rate(s) ruling at the date of invoice.
If any extra cost is incurred by reason for any additional instructions or any errors or omissions in instructions submitted by the customer, then we reserve the right to charge extra cost to the customer.
7 PAYMENT
a) Payment of the full amount shown on every invoice is due to us within thirty days from the date of invoice. Time shall be of the essence for payment. The Seller shall be entitled to revoke any credit facility if the buyer fails to make payment by the due date. In addition, if payment is not made by the due date, the seller shall be entitled to charge interest at the rate of 3% over the then current base rate of HSBC Plc on the amount outstanding from the due date for payment until receipt by the seller of the full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs.
b) No cash settlement discount is allowed except by prior agreement.
8 RISK AND TITLE
a) The risk in the products shall pass to the customer upon delivery or collection by customer's own transport.
b) Until we have received full payment of all monies owed at any time by the customer or on any account whatsoever:
i) Property in the products shall remain in us and the customer shall store or otherwise keep them in such a way as bailee and clearly to indicate that the property remain in us.
ii) Subject to iii) and iv) below, the customer shall be at liberty to resell the products in the ordinary course of business and property in the products comprised in any such resale (but not in any other products) shall pass to the customer immediately prior thereto.
iii) We may at any time revoke the customer's power of resale by notice to the customer if the customer is in default for longer than seven days in the payment of any sum whatsoever owed to us.
iv) The customer's power of resale shall automatically cease if the customer goes into liquidation or has a receiver appointed or commits any act of insolvency.
v) Upon determination of the customers power of resale the customer shall place all products not previously resold at our disposal. We shall be entitled to enter any premises of the customer to remove such products from the premises and to resell or otherwise deal with such products for our own benefit, but for the amount of the monies owed to us by the customer shall be reduced by the purchased price of any products recovered by us to the extent that the same are in a saleable condition, less any costs incurred in recovering them.
9 CANCELLATION AND SUSPENSION
a) BY PROTON SUPPLIES: We shall have the right to cancel all or any contracts or withhold delivery if;
i) The customer fails to pay any monies owing by the due date.
ii) The customer commits any breach of contact.
iii) The customer goes into liquidation or have a receiver appointed or commits any act of insolvency.
iv) We have any reason to doubt the credit worthiness of the customer.
b) BY THE CUSTOMER:
i) Standard items. From acceptance of the order by Proton Supplies cancellation by the customer is only acceptable by agreement with Proton Supplies.
ii) Non-standard items. Proton Supplies will only accept cancellation on immediate payment in full of the value of all work and materials expended on the order prior to cancellation together with the cost of all materials purchased towards, or to enable the manufacture of such goods. Such materials will be available for collection by the purchaser after payment for a period of thirty days only from the date of invoice.
10 DISPUTES AND SET OFF
The customer shall not be entitled to withhold payment of any monies correctly invoiced by and due to us because of any disputed claim.
11 SPECIFICATION
Due to a programme of continuous product development, we reserve the right to amend specifications and prices without prior notice. Advertisements, catalogues, and other written material are only intended to present a general indication of products referred to therein and in no part shall be binding upon us. Proton supplies demands that you ascertain product suitability for your application prior to purchase. Proton supplies will not be held financially or morally responsible for any losses incurred due to unsuitability!
12 FORCE MAJEURE
We can accept no liability for delay or non-fulfilment of any terms of the contract caused by force majeure or by any industrial dispute, accident, fire, scarcity of material or labour or by any cause not directly within our control.
13 WAIVER
No indulgence or failure by us to enforce any of our rights shall constitute a waiver of such right or preclude us from thereafter exercising the same.
14 TOOLS DIES ETC.
Special arrangements may be made for customers to retain exclusive use of designs or patterns but all tools, dies, jigs and other special equipment used in the manufacturing processes shall remain our property whether or not a charge is made towards their cost. The exception to the above is where we have agreed to produce tools to an agreed brief as outright supply contract at an estimated quoted price. The dies and tools will however remain our property until such times as paragraph 7 is complied with in full. Dies and tools will normally be retained in anticipation of future orders for a period of three years from the date of the last order in respect of which they were used, but there is no obligation on the company so to retain them.
15 CARRIAGE
carriage will be charged at cost on all orders.
16 REPAIRS
Where the repairs of customer's goods are undertaken, they are done so entirely at the customer's own risk.
17 APPLICABLE LAW
This contract shall in all respects be construed as an English contract and in conformity with English law and is subject to the jurisdiction of the English courts.