The following are the terms and conditions of sale ('Conditions') of The PND (UK) LTD. These Conditions apply to all sales of Products by PND (UK) LTD to the exclusion of any other terms and conditions unless otherwise agreed in writing by a duly authorised representative of PND (UK) LTD.
In these Conditions, the following Definitions apply:
'Contract' refers to any contract made between PND (UK) LTD and the Customer for the sale and purchase of any Products.
'Customer' refers to any person firm or organisation purchasing any Products from PND (UK) LTD.
'Product' refers to any goods and/or services to be supplied to the Customer by PND (UK) LTD in accordance with these Conditions.
'Bespoke Product' refers to made to measure soft furnishings, furniture and fittings requested by the Customer and any product specially produced or personalised at the request of the Customer.
All orders are accepted at PND (UK) LTD’s discretion subject to these Conditions to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Customer unless there is express written confirmation from PND (UK) LTD stipulating specific amendments.
Orders are deemed accepted and a Contract formed on release of the Products to the carrier or if earlier upon payment for Products in cleared funds. PND (UK) LTD reserves the right to refuse any order without providing a reason.
Any Customer placing an order warrants that it is legally capable of entering into binding contracts and (if an individual) is at least 18 years old.
Products are sold at the prices prevailing in PND (UK) LTD's website, brochure or individual quotation as applicable at the time of ordering. All prices are subject to VAT and exclude delivery charges.
Prices may be varied from time to time at PND (UK) LTD's discretion.
Delivery charges in relation to carriage, transport costs, and unloading shall be paid by the Customer in addition to the price for the Products.
Delivery charges may vary at PND (UK) LTD's discretion from time to time.
Delivery charges are set out in PND (UK) LTD's website, brochure or individual quotation as applicable or shall be separately advised to the Customer.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer invoice or other document or information issued by PND (UK) LTD shall be subject to correction without any liability on the part of PND (UK) LTD.
The prices for the Products do not include fitting charges. Unless PND (UK) LTD expressly offers to provide fitting services in a quotation, the Customer shall be solely responsible for arranging for the Products to be fitted and for payment of associated fitting charges to the fitter selected by the Customer.
Customers who have been granted a credit account facility by PND (UK) LTD may choose to have their order charged to their account. PND (UK) LTD may withdraw credit facilities at their own discretion at any time.
Orders for Bespoke Products will not be accepted unless accompanied by a deposit of 50% (including any applicable VAT) of the order value. The balance of the order value may be applied to a Customer credit account at the discretion of PND UK) LTD.
Payment terms for credit accounts are thirty (30) days from the date on the invoice, unless otherwise agreed.
PND (UK) LTD reserves the right to charge interest on overdue invoices at the rate of 4% above Bank of England Base Rate, subject to a minimum rate of 8%.
In all other cases, the Customer shall pay for the Products at the time of ordering. Orders can be paid for by debit or credit cards. PND (UK) LTD accepts MasterCard, Visa, Delta, Switch, Electron and Solo. If the Customer wishes to use an alternative method of payment, such method of payment shall be at the discretion of PND (UK) LTD.
Products ordered shall not be despatched until full payment is received in cleared funds, except at PND (UK) LTD's discretion or where the Customer ordered Products with instructions to have the order charged to its credit account/s.
The time of payment of the price shall be of the essence of the Contract.
PND (UK) LTD reserves the right to make changes to the range of Products offered from time to time, including additions, deletions and changes in specification.
Products are designed for the purposes specified and no warranty is given that they shall be suitable for purposes other than those described in PND (UK) LTD current website or brochure.
PND (UK) LTD's employees or agents are not authorised to make any representations concerning the Products unless confirmed in writing by a director of PND (UK) LTD and the Customer acknowledges that by entering into a Contract it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
While PND (UK) LTD has made every effort to ensure that Products offered are shown as accurately as possible in its current brochure or website, the Customer should check any details and information they wish to rely on with PND (UK) LTD at the time of purchase. PND (UK) LTD cannot accept liability in respect of any errors or omissions contained in its brochures or website or for any loss or damage, malfunction or consequential loss arising from reliance upon these publications. (e.g. variances in colour or specification between any PND (UK) LTDpublications and the actual product supplied).
Whilst PND (UK) LTD has made reasonable effort to ensure that details and information given in its brochures and website are accurate at the time of issue, full technical specifications are not necessarily included and the right is reserved to alter details and information as the need arises.
If a product is out of stock or unavailable at the time of ordering, the Customer shall be informed accordingly as soon as reasonably practicable thereafter.
Except for Bespoke Products, if such ordered Product is not available within sixty (60) days of the placement of the order, PND (UK) LTD shall provide a full refund to the Customer or shall afford the Customer an opportunity to select an alternative Product of the same value.
Any promotional or special offers on Products are only available while stocks last.
PND (UK) LTD will at its own discretion provide samples on request.
Credit for the return of samples will be applied to the customers account, provided that:
1. they are returned in their original condition, with the original labels, packaging and delivery documentation at the Customer's expense; and
2. they have not been used and are in a re-saleable condition; and
3. the Customer returns the Product/s to PND (UK) LTD within seven (7) days from the date of delivery of such Product/s.
If a Customer has contracted as a consumer (ie acting for purposes outside his business) such Customer may cancel a Contract at any time within seven working days beginning on the day after he receives the Products.
In this case, PND (UK) LTD shall refund the price paid for such Products. Notice of cancellation must be in writing and sent to, The Customer Service Manager, Premier New Designs (UK) LTD, PO BOX 6816, Wolverhampton. West Midlands. WV1 9WT. and the Customer must immediately return the Products to PND (UK) LTD in the same condition as received at his own cost and risk. This right to cancel does not apply in respect of Bespoke Products.
Except as set out above, PND (UK) LTD shall be under no obligation to accept cancellation or amendment of any order once accepted by PND (UK) LTD. Where such cancellation or amendment is accepted by PND (UK) LTD, PND (UK) LTD reserves the right to charge a reasonable cancellation or amendment fee.
Risk in the Products shall pass to the Customer on delivery.
Notwithstanding the above, the Products remain the property of PND (UK) LTD until the monies due to PND (UK) LTD for the Products have been paid in cleared funds.
In the event that the Customer
1. fails to make payment timeously; or
2. commits a material breach of any term, condition or obligation under this Contract; or
3. has any judgement taken or levied against it, is deemed unable to pay its debts with the meaning of Section 123 of the Insolvency Act or otherwise; has its property ceased or charged; or in the case where a Corporation goes into liquidation or has a receiver of the Customer or Administrator appointed; PND (UK) LTD may, without prejudice to any other rights and remedies available, by notice in writing, enter any premises to recover the Products and take any other necessary steps.
4. Title of Goods: Whilst the risk in the goods passes to the customer on delivery to the customer’s premises, the title of goods remain the property of the company until full payment has been received on all outstanding invoices. The company reserves the right at any time to reposess any goods for which full payment has not been received. Until title passes, the customer will hold the goods upon trust as Bailee for the company, keeping the goods seperate from all other products and label them so they can at all times be identified as the company’s property.
Where the Products are supplied for export from the UK the following shall (subject to any special terms agreed in writing between the Customer and PND (UK) LTD) apply notwithstanding any other provision of these Conditions.
The Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
Payment of all amounts due to PND (UK) LTD shall be made before delivery.
PND (UK) LTD shall provide the Customer with a quotation for delivery at the time the order is placed.
Liability of PND (UK) LTD
The warranties set out in these Conditions are the only warranties which shall be given by PND (UK) LTD and to the fullest extent possible at law all warranties, conditions and other terms implied by statute or otherwise are expressly excluded (other than the conditions implied by section 12 of The Sale of Goods Act 1979).
The total liability of PND (UK) LTD in contract tort or otherwise in respect of any Products supplied under any Contract shall be limited to the price of such Products unless expressly stated otherwise in these Conditions.
PND (UK) LTD shall not be liable to the Customer for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) which arises out of or in connection with the Contract, or for any liability incurred by the Customer to any other person for any economic loss, claim for damages or awards howsoever arising from the Products or otherwise.
Nothing in these Conditions shall limit or exclude PND (UK) LTD's liability for negligence causing death or personal injury, under section 2
of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation, or for any matter which it would be illegal for PND (UK) LTD to exclude or attempt to exclude and nothing in these Conditions shall affect any statutory rights available to anyone dealing as a consumer. (as defined in Section 12 of the Unfair Contract Terms Act 1977 (as amended) or under the Consumer Protection (Distance Selling) Regulations 2000.
Unless PND (UK) LTD has agreed to offer fitting services under a quotation, PND (UK) LTD has no responsibility for the actions of the Product fitters and shall not be liable to the Customer for any loss or damage caused by Product fitters (whether to PND (UK) LTD's Product or to the Customer's property) and the Customer shall seek to recover any such loss or damage directly from the Product fitter.
PND (UK) LTD may assign any Contract or any part of it to any person firm or company.
The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of PND (UK) LTD.
Any failure or delay by PND (UK) LTD in enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
If any provision of these Conditions is held by any competent authority to be to be invalid or unenforceable in whole or in part, the validity of the other provisions in question shall not be affected thereby.
PND (UK) LTD reserves the right to amend these Conditions from time to time. A copy of the current Conditions is always available from PND (UK) LTD upon request.
Orders placed are subject to the Conditions prevailing on the day the orders are placed.
All notices given by the Customer to PND (UK) LTD must be given to The Customer Service Manager, Premier New Designs (UK) LTD. PND (UK) LTD may give notice to the Customer at either the email or postal address the Customer provides to PND (UK) LTD when placing an order or the place of business of the Customer. Notices shall be deemed to have been received 24 hours after an email is sent or 48 hours after posting (5 days if posted outside the UK).
These Conditions and any Contract shall be governed by and construed according to the Laws of England. Any dispute shall be subject to the exclusive jurisdiction of the Courts in England and Wales save that PND (UK) LTD may take proceedings in respect of any Contract in any country.
Premier New Designs (UK) LTD, PO BOX 6816, Wolverhampton. West Midlands. WV1 9WT.