Terms & Conditions of Sale

ALL GOODS AND SERVICES SUPPLIED BY PROCUREMENT INTERNATIONAL LIMITED ARE SOLD SUBJECT TO THE FOLLOWING CONDITIONS.

1. DEFINITIONS
   1. “Buyer” means the person who buys or agrees to buy the goods from the seller.
   2. “Seller” means Procurement International Limited.
   3. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
   4. “Delivery Date” means the date specified by the Seller when the goods are to be delivered.
   5. “Goods” means the articles and/or services which the Buyer agrees to buy from the Seller.
   6. “Price” means the price for the goods excluding carriage, packing, insurance and V.A.T.
2. SCOPE OF THIS AGREEMENT
   1. The conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer submits under any purchase order, confirmation or similar document.
   2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
   3. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless expressly agreed in writing by the Seller.
3. THE PRICE AND PAYMENTS
   1. The Price is current and unless stated otherwise we guarantee to maintain redemption scheme prices for an initial minimum period of six months. Thereafter all prices are subject to change/review and the actual price shall be the price which is current at the time of invoice. The price is exclusive of V.A.T., which shall be due at the rate ruling on the date of the Seller’s invoice.
   2. Payment of the Price and V.A.T. shall be due on the date shown on the invoice or within thirty days of the date of the invoice and time for payment shall be of the essence.
   3. The Seller reserves the right to set-off on any account, so that monies owed to the company by the Buyer can be offset against any monies owed by the Seller to the Buyer.
   4. Unless otherwise agreed in writing by the Seller all invoices under £100 net invoice value excluding V.A.T. will be subject to a minimum order handling charge.
   5. It is an essential condition of the Seller’s agreement to supply the Buyer that the Buyer will pay cleared funds on time. If the Buyer fails to do so, the Seller is entitled without liability to treat as at an end any other outstanding contract existing between the Seller and Buyer. This means that the Seller is not obliged to make any further supplies even if the Seller has already accepted an order.
      This also means that any rebates agreed will become null and void.
4. THE GOODS: In the event that the goods described in the Sellers quotation being discontinued or unavailable for supply. The Seller reserves the right to offer a suitable alternative in price and specification without liability.
5. WARRANTIES AND LIABILITIES: The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose merchantability or condition of the Goods and whether implied by Statute or common law or otherwise are excluded.
6. DELIVERY OF THE GOODS: Any delivery dates are estimates only and are given in good faith. The Seller will make every effort to adhere to them but does not guarantee delivery dates. The Seller does not accept liability for failure to supply or to deliver within the period quoted. The Seller shall be entitled to make partial deliveries or deliveries by instalments and these conditions shall apply to each such delivery. In the event that the Seller is prevented or delayed from delivering the Goods due to causes beyond its control including but not limited to shortages of material, civil commotion, accident, strikes, lockouts, acts of God, or any restriction imposed by the Government or any other authority, it shall be entitled to postpone delivery for a period of 30 days, provided that should such a cause continue beyond 30 days the Purchaser shall be entitled to cancel the order upon giving the Seller written notice and the Seller shall not be liable for breach of Contract or otherwise for such failure to make or delay in delivery.
7. ACCEPTANCE OF THE GOODS: The Buyer shall be deemed to have accepted the Goods after delivery to the Buyer or the Buyers nominated delivery address and after acceptance the Buyer shall not be entitled to reject goods which are not in accordance with the Contract.
8. TITLE AND RISK: The Goods shall be at the Buyers risk as from the time of delivery. This means that the Buyer is solely responsible for their custody, maintenance and insurance. In spite of delivery having been made properly the Goods shall not pass from the Seller until:-
   1. The Buyer shall have paid the price plus applicable V.A.T. in full
   2. No other sums whatever shall be due from the Buyer to the Seller.
   If full payment is not made on the due date or the Buyer shall fail to pay the sums outstanding under any other Contract the Seller shall have the right without prior notice to retake possession of the whole or any part of the Goods and for that purpose to enter the Buyer’s or a third party’s premises, to terminate any other order or Contract for the sale of Goods, to hold up the delivery of any instalment of the Goods, to exercise the right of lien or sale over the property of the Buyer in the Seller’s possession and to exercise the right of stoppage in transit without prejudice to any other remedy the Seller may have.
9. DAMAGE OR LOSS
   1. The Seller shall at its sole discretion replace Goods lost or damaged on delivery to the designated premises of the Buyer such liability being conditional upon a claim being made in writing by the Buyer within 14 days from invoice date for loss/non-delivery and within 2 days for damaged goods. The original packing must be retained for inspection. (b) Except as may be provided by the written guarantee which may accompany the goods or services the company shall be under no liability in respect of the goods whether for breach of warranty, conditions, fundamental or other terms: any warranty or conditions expressed or implied, statutory or otherwise (including conformity with description, sample, fitness for purpose or merchantable quality), are hereby expressly excluded and the Seller shall be under no liability whatsoever for consequential loss or damage of any description in respect of any Goods sold, repaired, converted and for services rendered.
   2. Goods supplied as ordered may not be returned for credit without the written consent of the Seller and any goods which are returned without consent may be refused.
10. PRICE STABILITY / MERCHANDISE AVAILABILITY
    1. Unless stated otherwise we will guarantee to maintain quoted prices for a period of six months. Thereafter all prices are subject to review in line with any manufacturer or postal/carrier price change.
    2. All merchandise is quoted subject to availability. If we are provided with a forecast of requirements we advise the manufacturer and where possible may reserve stock.
    3. Special considerations are often necessary during the run-up to Christmas and for any promotions which are to redeem over this period extra liaison should made with our Sales Department.
11. DIRECT DESPATCH
    1. Individual direct despatch charges cover: - Order handling, Mailing carton, Packaging materials, Postal/Carriage charges, In-transit insurance, Customer service support
    2. A full address including a named recipient and postcode additionally for large items a telephone number is required.
    3. Unless otherwise agreed in writing all courier despatches are made by UPS and will require a signature upon delivery. All mail deliveries are made by Royal Mail.
    4. Direct despatch and carriage charges quoted are based on our standard packaging and delivery services, if subsequently any order requires specialised packaging or delivery we will be pleased to quote on a case by case basis.
    5. UPS will attempt to deliver 3 times, carding the recipient each time. In the event of the Recipient not contacting UPS to arrange collection; the item will be returned to Seller and Seller will contact Buyer for further instructions. If Seller is requested to re-despatch the original carriage charge will apply as a re-despatch fee.
12. NON-DELIVERY
    1. Based on the despatched orders report provided by the seller to the buyer; the buyer should notify the seller, in writing, within 14 days of date of invoice if a parcel has not arrived at its delivery address.
    2. As long as we have been advised within 14 days, should a parcel be found not to have been delivered Seller will despatch a ‘free of charge’ replacement. Before a replacement can be authorised we must allow our carrier to confirm the loss. For UK despatches this can take approximately 2 weeks and for International despatches approximately 4 weeks. Alternatively we can supply a replacement on receipt of Buyer’s further instructions accompanied by a purchase order, seller will then credit original despatch once the carrier has confirmed the loss.
13. RETURNS – DEFECTIVE/DAMAGED GOODS
    1. In the event that goods supplied become faulty within the manufacturers warranty period they will subject to the terms of the manufacturer’s warranty be accepted back for repair or exchange in accordance with the individual manufacturers terms of guarantee.
    2. Returned goods must be accompanied with all accessories originally supplied and documentation which gives full details of the fault. Any goods returned incomplete will incur costs to make good.
    3. Goods that are deemed to be faulty on arrival must be notified to us within 28 days of receipt of delivery.
    4. Goods that are faulty on arrival will be uplifted, and replaced. Goods that become faulty after 28 days of receipt and are still within the manufacturer’s warranty period, would need to be returned to us by the recipient / Seller can collect subject to relevant collection charge being paid or in the case of large items (ie. large screen TV’s – subject to manufacturers warranty agreement) repairs may be carried out on site. (Please note some manufacturers i.e. Apple / Kettler & Bosch will deal directly with recipient to arrange repair/replacement, so please call to check with us before taking action)
14. PROPER LAW: This Contract is subject to the law of England and Wales.

NOTHING IN THESE CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF THE CONSUMER UNDER THE UNFAIR CONTRACT TERMS ACT 1977, THE SALE OF GOODS ACT 1979, AND THE SALE & SUPPLY OF GOODS TO CONSUMERS REGULATIONS 2002.

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Victory House, 17-19 Marino Way, Hogwood Industrial Estate, Finchampstead, Berkshire, RG40 4RF, United Kingdom. Registration in England No 1438722. VAT. No. 314 3421 03

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