1. Terms and conditions, ordering procedures
A) These terms and conditions (as amended by us from time to time by either written or electronic notice to you as appropriatE) will apply to all consumables ordered by you whether over the telephone, in writing or electronically from our Internet Web Site. You will accept these terms and conditions by accepting the consumables.
B) These terms and conditions will apply to all purchases of consumables from us however you order them whether it be by post, facsimile or electronically from our Web Site.
C) When ordering consumables from us you undertake to comply with our ordering procedures (which may include you quoting your internal order reference number).
2. Sale of consumables
A) We shall sell to you and you will purchase the consumables which you have ordered from us by telephone, in writing or electronically from our Internet Web Site.
B) The quantity and description of the consumables we supply:
- (i) when you order consumables over the telephone shall be as recorded by us the details being reproduced on our invoice;
- (ii) when you order consumables in writing or electronically from our Internet Web Site will be as provided for in your order the details again being reproduced on our invoice.
C) We reserve the right to:
- (i) impose minimum order values from time to time;
- (ii) change the specification of the consumables supplied by us from time to time though consumables will always accord with their description;
- (iii) delivery charge is made at the Company’s discretion.
3. Choice of consumables
You are responsible for ensuring that the consumables are appropriate for the purpose you have in mind for them.
4. Price and payment
A) The price for the consumables shall be our published price from time to time. The price quoted includes the cost of standard packaging and transit insurance, but excludes VAT.
B) Unless we tell you to the contrary, you must pay the price and the VAT to us, and any other payment due to us, without deduction, within 30 days of the date of our invoice. Paying on time is a condition of this agreement.
C) If you fail to make a payment at the time required, we reserve the right to charge you interest on the unpaid amount at a rate per year of 4% above Barclays Bank base rate from time to time, before and after any judgement that we may obtain against you.
D) If you fail to make a payment at the time required, we can cancel any agreements and/or undelivered orders we have with you or suspend further supplies of consumables , and we can apply any other payments made by you to us against your debts due to us under this Agreement. This does not affect any of our other rights.
E) If you become subject to insolvency proceedings or we reasonably decide that you may become unable to pay your debts as they fall due, the price for the consumables will be payable by you immediately.
F) You must pay at the agreed time all sums properly due to us or any of our subsidiaries under any other agreement you have with us or any of our subsidiaries.
5. Delivery of the consumables
A) We will make all reasonable efforts to deliver the consumables on the delivery date we may have indicated but we cannot guarantee to do this.
B) Where it has been agreed between us that the consumables are to be delivered in instalments, each instalment is to be treated individually and if we fail to deliver an instalment, this will not affect the balance of the agreement between us.
6. Our undertaking in relation to the consumables
A) Subject to term 6.
B) we undertake, as at the date of supply that the consumables;
- (i) comply with their description and any6 published specification;
- (ii) are of satisfactory quality;
- (iii) (where relevant) are suitable for use with the equipment we recommend they are used with. If you are entering into this agreement in the course of a business, aside from our undertakings in this term 6.A), all other warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law.
- B) Our undertaking in term 6.A) is subject to the following conditions:
- (i) some consumables need to be kept in environmental conditions which are either made clear in their packing or are otherwise described or notified by us to you prior to their delivery date. If you do not keep relevant consumables in the required environmental conditions we cannot be held responsible for faults or problems (whether regarding the consumables themselves or their use with equipment) that arise as a result;
- (ii) some consumables we supply have self lives. The shelf lives of individual consumables will be made clear in their packaging or are as otherwise described or notified by us to you prior to their delivery date. If you use consumables beyond the indicated shelf life we cannot be held responsible for faults or problems (whether regarding the consumables themselves or their use with equipment) that arise as a result;
- (iii) that you use the consumables entirely in accordance with their instructions for use – the instructions for use will be made clear in the packaging or are otherwise as described or notified by us to you prior to the delivery date;
- (iv) we cannot be held responsible for faults in consumables which arise from fair wear and tear, wilful damage to, or misuse of , the consumables or adjustments or modifications to the consumables made by you.
C) If the consumables are found to have faults and we are responsible under these terms for the faults, as long as you have paid the price in full, we will either replace or repair the consumables at our option but have no greater obligation to you.
D) If faults do arise in the consumables which under these terms are our responsibility, you agree to notify us as soon as possible.
7. Our right to take the consumables back
A) The ownership of the consumables will pass to you only when you have paid for them. Until then you must site the consumables in your premises in such a way that we can easily identify them as our property.
B) If you fail to pay for consumables ordered from us at or within the required time, we may take those consumables you have not paid for back from you. You will allow us access to your premises, or arrange access for us to other premises where the consumables may be stores, to allow us to do this.
C) If we choose, we may take proceedings against you to recover the price of consumables even if ownership has not passed to you.
D) Save in respect of all non-standard or special size goods which are non returnable, we may at our sole discretion and providing always that the goods are still within their expected shelf life and are in their original packaging and unopened if you so request us, in writing, agree to you returning to us consumables we had earlier supplied to you, which you discover within 14 days of delivery to you to be either surplus to your requirements or you have incorrectly ordered from us.
If we so agree to you returning them to us then it shall be at your sole cost and expense and we shall upon their proper receipt in good condition credit your account, but only where you have previously paid us for them in full, with ninety(90) percent of the original value paid by you for such goods.
8. Risk and insurance
We are responsible for the consumables until they are delivered or otherwise made available to you. After then you are responsible for the consumables. We suggest that when the consumables become your responsibility you insure them against risk of loss or damage.
9. Acceptance of the consumables
A) You will be taken to have accepted the consumables if you do not notify us of any discrepencies, damage or defects within 48 hours of delivery (where such were obvious on inspection) in order that we may make a claim against our third party carriers, or within a reasonable time after delivery where such were not obvious on inspection).
B) You may not reject the consumables once you have accepted them.
10. Limit of our liability
A) We are able to undertake to you that the consumables comply with their description and any published specification, are of satisfactory quality and are suitable for use with the equipment we recommend they are used with (see term 6.A)).
However, we have no control over the use to which the consumables are to be put by you nor are we able to gauge the impact their failure to comply with the undertaking in term 6.A) may have on your business. The price we charge for the consumables takes into account your acceptance that losses suffered by you as a result of the failure by us to comply with the terms of term 6.A) are to be borne by you. We strongly recommend that you insure against this risk.
B) The limit of our liability to you is in respect of consumables the repair, or at our option, replacement of faulty consumables where we accept responsibility under term 6. We are not responsible to you to any greater extent and in particular are not responsible for any indirect or consequential loss (financial or otherwisE) which you may incur for whatever reason, as a consequence of our failure to comply with the terms of this agreement. This term does not operate to exclude or limit our liability in respect of death or personal injury arising from our negligence.
C) Perfect Colours are not liable for any defects of Hardware outside the manufacturers standard warranty or extended service packs.
D) Perfect Colours do not accept liability for any damage, service issues or claims of wasted consumables due to manufacturing defaults.
A) We shall sell to you and you will purchase the hardware which you have ordered from us by telephone, in writing or electronically from our Internet Web Site
B) The hardware is covered by the manufacturer standard warranty or extended support/care pack. Once the standard warranty has expired the chance to purchase further warranty may be offered via the manufacturer or Perfect Colours.
C) The manufacturer is responsible under the warranty terms & conditions to maintain and service the hardware.
12. Leasing Terms & Conditions
Please note when on a standard lease with BNP, ING or De Lageladen, you are required to give a notice period, in writing, regarding the termination of your equipment. This must happen within the lease period and must be in writing and before the lease end. This is normal practice with all leasing companies. BNP & ING enforce a 3 month notice period and De Lageladen enforce a 6 month notice period. Failure to do this means you will carry on paying a rental until notice is given and during the notice period even if the lease has been paid. Perfect Colours will endeavour to remind customers but we are not responsible for the notice period. Please contact us on 0845 680 9000 or using this contact form if you need more information.
A) We cannot accept responsibility for losses you suffer as a result of us failing to comply with the terms of this agreement as a result of circumstances outside our reasonable control. These circumstances would include, but not be limited to, accidents, natural disasters, labour disputes or shortages of material or labour.
B) We shall take all responsible steps to ensure that our Web Site is free from viruses, however, we cannot accept responsibility for losses or contamination you may suffer downloading data from it. You must ensure similarly that you have taken all steps to restrict any risk of contamination when downloading such data to your own system network in accordance with best IT industry practises.
C) Notices must be in writing and are sufficiently served if delivered by hand, sent by first class pre-paid post for facsimile to us, at our registered office and to you, at your last address known to us.
D) This agreement is personal to you and you may not transfer any of your rights or responsibilities under it without our prior written consent. We may arrange for another person to exercise our rights and/or carry out our responsibilities.
E) This agreement shall be governed by and interpreted under English law.