Terms and Conditions

TERMS AND CONDITIONS OF SALE

1.  The term “The Company” referred to in the following conditions means P & D Projects Ltd and “the Purchaser” means the person, firm or Company contracting with P & D Projects Ltd.


2.  All tenders are subject to acceptance within 30 days and credit accounts opened are subject to references being approved.


3.  Unless otherwise stated in the quotation/estimated, it is assumed that:
   1.  The site has easy access and is clear, level and dry before the arrival of our Erectors.
   
   
   2.  That electricity supply is available for light and power tools.
   
   
   3.  That sufficient working space be allocated to ensure maximum output, sufficient storage space is provided free of charge for our immediate use on or adjacent to the site for plant and all materials, and also that all materials are on site before the arrival of our Erectors.
   
   
   4.  That our fitters are given every facility to carry out their work without unnecessary hindrance. The Company reserves the right to charge extra should these conditions not be conformed to.
   
   


4.  
   1.  All amounts charged by the Company are strictly nett, and exclusive of VAT (and any other relevant tax).
   
   
   2.  The Company reserves the right to ask for reasonable payments on account and/or to submit interim (progress) accounts. Requests for on account payments and interim accounts, shall be paid within 5 days of demand/submission.
   
   
   3.  The final account shall be paid within 30 days of the date of submission.
   
   
   4.  The Company reserves the right to charge interest upon any unpaid interim or final accounts at the rate of 2.5% per month both before and after any judgement.
   
   


5.  Ownership of the goods remains the property of P & D Projects Ltd until the final and full payment has been received.
   1.  Risk shall pass to the Purchaser when the goods or a relevant part thereof leave the premises of the Company for delivery to the Purchaser notwithstanding that the Company may arrange for delivery so that the Purchaser is responsible for all subsequent loss, damage or deterioration.
   
   
   2.  Title in the goods or any part thereof shall pass to the Purchaser when payment in full therefore has been made or when the Company serves written notice upon the Purchaser specifying that title in the goods or such part thereof has passed whichever shall be the earlier and the Purchaser shall permit the agents or servants of the Company to enter onto the Purchaser’s premises and to repossess the goods at any time prior thereto.
   
   
   3.  The Purchaser shall only be free to sell the goods purchased from the Company prior to the passing of title on the understanding that if the Purchaser does sell the goods then the Purchaser will hold on trust for the Company so much of the proceeds of sale received by the Purchaser under contracts which include any of the goods hereby sold either in their original or altered state as are necessary to discharge payment in full to the Company.
   
   


6.  Any alteration to the specification involving labour and/or additional materials will be a chargeable extra.


7.  Expect where agreed in writing, the figures quoted are calculated upon the present cost of materials, transport and labour and the acceptance of any order against quotation shall be conditional upon:
   1.  The contract price being increased or reduced consequent upon the nett increase or saving in cost effected by an alteration occurring during the period between the date of the tender and the date of the completion of the contract in:
      1.  Wages and working conditions arising out of any award or agreement sanctioned by any appropriate authority whether the cost of such wages and working conditions is charged in our cost accounts as direct cost or as on-cost, and in the amount of the premium payable in respect of the necessary insurance involved arising out of any alterations in wages as aforesaid:
      
      
      2.  Cost of materials, and
      
      
      3.  Cost of transport
      
      
   
   
   2.  An adjustment in the contract price being made if the customer requires the work to be carried out other than during normal working hours.
   
   
   3.  The Company shall be entitled top appoint one or more sub-contractors to carry out all or any of its obligations.
   
   


8.  
   1.  The Company shall have the right in its absolute discretion to:
      1.  cease work and/or
      
      
      2.  to terminate the relevant contract
      
      
      If any interim invoice or an account payment, is not paid within 5 days of submission/demand
   
   
   2.  Any delay or time indulgence granted by the Company, shall not affect the ability of the Company to exercise its rights under clause 8.i above.
   
   


9.  When it is agreed that interim and final payments are to be conditional on the issue of the Architect’s Certificate, payment shall be made within 30 days of the date of the Certificate.


10.  In the case of contracts involving erection, it is understood that goods and materials will be unloaded by the Purchaser, stacked and stored at the Purchaser’s risk except when advised otherwise.


11.  We are to be notified of any shortages or breakages in transit within three days. Non-receipt of goods must be advised to us and the carriers within 7 days of the date of our Advice of Despatch. Claims will be void if notifications are not made within these periods. In the absence of such written advice from the buyer to the seller and the carrier, the goods or materials will be deemed to have been received in a satisfactory condition.


12.  Any dated given by the Company for completion of contract is given and intended as an estimate only and is not be be of the essence of the contract. The Purchaser shall, nevertheless, be bound to accept the goods ordered when available. The Company shall not be liable, in any way, in respect of the late despatch, delivery or completion of the work, however caused, nor shall such lateness be deemed to be a breach of the contract.
    1.  If any statement or representation has been made to the Purchaser by the Company, its servants or agents upon which the Purchaser relies other than in the documents enclosed with the Company’s quotation or acknowledgement of order then the Purchaser must set out that statement or representation in a document to be attached to or endorsed on the order and in any such case the Company may confirm, reject or clarify the point and submit a new estimate.
    
    


13.  Where the work entails additions and/or alterations to existing property, the Purchaser must extend his own insurance policies to cover the additional work.


14.  Where other contractors are also involved, it is assumed that their programmes will be such as to permit our work to be carried out with continuity and with one visit to the site. Should we be required to make a return visit to the site or are subject to delays, additional costs will be incurred.


15.  The Company shall not be liable for the cost of rectifying work or putting right discrepancies unless authorised by us in writing.


16.  The Company shall not be liable for any consequential damage to property or person.


17.  All descriptive and forwarding drawings, specifications and particulars of weight and dimensions detailed with our tenders are approximate only. Furthermore all drawings submitted remain the property of P & D Projects Ltd. and copyright is reserved.


18.  The acceptance of any estimate includes the acceptance of the foregoing terms and conditions. The Company shall not be bound by any conditions contained in a Purchaser’s Order Form if they are inconsistent with the foregoing terms and conditions, and if there is any conflict between the Purchaser’s terms of business and these terms of business then these terms of business shall prevail.


19.  Cancellation will only be accepted by the Company on condition that the costs and expenses and the loss of profits and other loss or damage sustained by the Company (as to which in the absence of agreement between the Parties the Certificate of the Auditor of the Company shall be conclusive) will be reimbursed by the Purchaser to the Company forthwith.


20.  All contracts to which these conditions apply shall be construed in accordance with English Law and shall be subject only to the jurisdiction of the English Courts.