Terms of Business
Terms and Conditions of Sale
These terms and conditions apply to all contracts entered into by Prior Power Solutions Limited (“the Company”).
Unless provided in writing, any verbal agreements or representations made by employees or officers on behalf of the Company do not form part of any contract and will not supersede these terms and conditions.
All errors and omissions in any documentation provided are excepted and the Company will not be liable for any reliance upon such.
Prices are subject to change without advance notice.
Despatch or delivery dates are estimated only and not guaranteed and the Company shall not be liable for any loss or damage whether direct, consequential or otherwise caused by any delay in delivery unless the buyer shall have stipulated in its order that time shall be of the essence of the contract and the Company shall have accepted such stipulation in writing.
The Company shall have no liability in respect of goods lost or damaged in transit unless the buyer or his agent notes such loss or damage on the delivery receipt and gives notice in writing to the Company and the Carrier within 7 days of delivery or such shorter period as may be required by the Carriers Conditions of Carriage or in the case of a whole consignment failing to arrive, gives notice in writing to the Company within 14 days of receipt of the Company’s invoice or despatch note.
The Company’s liability in respect of goods lost or damaged in transit shall be limited to repairing or replacing such goods.
All invoices are to be paid in accordance with the payment terms agreed at sale, where a credit account is offered this will be net monthly and must be paid within the due dates otherwise this will impact on future credit being offered.
Credit is offered at the Company’s discretion and it has the right to refuse credit entirely.
Any issues with invoice must be notified to the Company in writing within 14 days of invoice date otherwise the invoice will be deemed correct and due.
Interest may be charged at 3% per annum above the NatWest base rate on overdue accounts until such accounts are fully discharged.
Legal title of all goods remains with the Company until payments is received in full.
Until title is passed the buyer shall hold the goods in trust on behalf of the Company and shall keep them separate and identifiable as belonging to the Company.
In the event of non-payment for whatever reason the Company will be allowed free access into premises or onto land where the goods are being held.
Where goods are returned a credit or replacement will only be issued by the Company upon inspection or where the Company has already provided its written consent. A handling charge of 25% will apply to all returns.
Where the Company has supplied goods that have been manufactured by others the Company will grant the buyer an equivalent period of warranty in line with the terms and conditions of the manufacturer or supplier to the Company.
Any liability for the Company will be limited to the price of the goods supplied and will not exceed this.
Any advice or information given in relation to goods supplied will give no additional liability to the Company and should not be relied upon unless specific written permission is given by the Company.
The Company will not be responsible for any damage, injury or loss caused by the goods, either directly or indirectly, whilst in use or otherwise and whether or not this was as a result of defective goods. Should third party action be taken against the Company the buyer will indemnify the Company against any losses involved in such a claim.
The Company accepts no liability for any consequential losses (including profits) as a result of the supply of goods.
The Company will not be liable for any loss or consequential liability or damage sustained by the buyer by the reason of act of God, war, riot, fire, strike, lock-out, government control or regulation, abnormal weather conditions, accident, breakdown, or any other circumstances beyond the Company’s control.
Force Majeure: For the purpose of this Sale / Contract, Force Majeure Event means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, pandemic, epidemic or similar events and default of suppliers or subcontractors.
The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
If the Force Majeure Event prevents the Seller from providing any of the Services and/or Goods for more than 26 weeks, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.
English Law will govern the contract.