Terms and Conditions
Definition
'Seller' Pricerightheating.com
'Buyer' The 'business' and 'consumer' collectively
'Working days' all days other than Saturdays, Sundays and
Bank Holidays, and where expressed 24 hours is the equivalent of one
working day.
'Goods' Shall mean the products, articles or items offered
for sale by the company.
1. General
These conditions shall come into force upon our acceptance
of your order. All other terms, conditions, warranties or representations
expressed or implied whether made before, or at the time of, or after,
your order of instructions, and even if contained therein, are so
far as permitted under the Sale of Goods Act 1979 and the Unfair Contract
Terms Act 1977 hereby excluded.
2. Prices
The goods offered for sale are subject to change without
prior notice. All prices are exclusive of VAT.
3. Acceptance of Order
Your order will only be accepted upon our receipt of confirmed
approval for payment from Protx. Once received, we will e-mail
confirmation of your order.
4. Carriage Charges
Where applicable carriage charges will be itemised per order
and subject to VAT at the current rate.
5. Availability
All items are offered subject to remaining unsold.
6. Parts Identification
It is the duty of the buyer to order the correct part. The
Seller shall deliver the part ordered and accepts no responsibility
for inaccurate advice supplied by a third party to the Buyer in the
identification of the part required, whether through commercial recommendation
or technical diagnosis.
7. Specification
The Goods are supplied as per manufacturer's specifications
and subject to manufacturers modification without notice.
8. Time Limits.
Any time or date required by the Company for delivery or
collection of all or any of the Goods or performance of any Services
is an estimate only, and the Company shall not be liable for any failure
to meet any such estimate nor for any loss whether financial or otherwise
resulting directly or indirectly there from. Time is not and shall
not be of the essence in relation to this condition or the performance
by the Company of its obligations under the contract.
9. Cancellation
(1) Subject to receiving notice by a durable medium e.g.
e-mail, Fax or writing. 'Consumers' have a 7-day cancellation period
commencing from the day after the date of receipt of Goods, providing
they are in a re-saleable condition except for Printed Circuit Boards
(PCB's) that are non-returnable. The Goods must be returned within
21 days of notice. Should the Goods have to be collected by the Seller,
the Seller reserves the right to charge the cost of recovery. After
this time period ' Business' users conditions apply.
(2) 'Business users orders accepted by the Seller may not
be cancelled under any circumstances unless agreed in writing by the
seller. Any requests must be made by durable medium e.g. e-mail, fax
or writing, and will be subject to a 25% re-stocking charge except
for Printed Circuit Boards (PCB's) that are non-returnable. Where return
is agreed it is on proviso that the Seller receives the Goods in a
re-saleable condition within 21 days of authorisation. Should the Goods
have to be collected by the Seller, the Seller reserves the right to
charge the cost of recovery. Original outward carriage is non-refundable.
10. Notice of Claims etc
(1) The Goods shall be examined by the Buyer upon receipt
and no claim will be entertained unless notice is received by durable
medium e.g. e-mail, fax or writing within three days of delivery.
(2) In the case of damage in transit notice of damage or
breakages must be advised by durable medium e.g. e-mail, fax or writing
within three days of delivery. Any parcels received where exterior
damage is obviously apparent must be signed for as 'Damaged'
(3) Unexamined signatures for receipt of the Goods do not
relieve the Buyer of the responsibility to check them on arrival and
the seller shall not be liable in respect of any claim if the Buyer
fails to comply with the provisions of this clause.
(4) In case of loss in transit, or delay, notice by durable
medium e.g. e-mail, fax or writing must be received within fourteen
days of acknowledgement of order, failing which the Goods will be deemed
to have been delivered.
11. Storage
Should the Buyer fail to take delivery of the Goods the Seller
shall be fully entitled to arrange storage, either at its own warehouse
or elsewhere on the Buyers behalf, and reserves the right to recover
all additional charges for storage, insurance and carriage costs from
the Buyer.
12. Force Majeur
(1) The Company shall not be liable for any failure to deliver
the Goods arising from circumstances outside its control.
(2) Non-exhaustive illustration of such circumstances would
be act of God, war, riot, explosion, abnormal weather conditions, fire,
strikes lockouts, Government action or regulations (UK or otherwise),
delay by suppliers, accidents and shortage of materials, labour or
manufacturing facilities.
13. Terms of Payment
Only payment made online by credit/debit card and authorised
by Protx will be accepted.
14. Title and Risk
(1) Risk in the Goods shall pass to the Buyer when the Goods
are delivered to, or collected by, the Buyer or its agent.
(2) The ownership of the Goods sold by the Company to the
Buyer shall remain with the Company until the Buyer has paid the price
for those Goods.
15. Indemnity
The Buyer will indemnify the Seller against all claims against
the Seller by a third party arising directly out of the contract.
16. Warranty
(1) The Company warrants that it has title to and the unencumbered
right to sell the Goods.
(2) No representation or warranty is given as to the suitability
or fitness of the Goods for any particular purpose and the Buyer shall
satisfy itself in this respect and shall be totally responsible therefore.
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