TERMS AND CONDITIONS OF USE
- Definitions In these terms and conditions of sale “the Company” shall mean Protect Power .”the Buyer” shall mean the company, firm or person by whom an order is placed or with whom a contract is made.”the Goods” shall mean all or part of the goods, materials or products supplied by the Company to the Buyer under the Contract.” the Contract” shall mean the sale of Goods by the Company.”IPR” shall mean all confidential information, patents, trademarks and service marks, rights in designs, trade or business names, copyright (including rights in computer software), database rights and topography rights (whether or not any of these are registered and including applications for registration of any such thing) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
- These terms and conditions of sale comprise the basis on which the Company offers the Goods for sale and in any resulting contract (“the Contract”) will prevail over and supersede any other terms and conditions of the Buyer.
- No variation of these terms and conditions of sale shall be effected unless expressly accepted by the Company in writing.
- All prices advertised are exclusive of VAT & is not charged on your final purchase price, for further information on this please contact us.
- The Buyer shall pay the full amount of each invoice in respect of the Goods within the time specified on the invoice issued (Subject To Credit Account approval), Otherwise Full Payment Will Be Require Through either PayPal Or Bank Transfer Before Goods Are Dispatched From Our Warehouse.
- Time for payment shall be of the essence, and the Buyer shall have no right of set-off, statutory or otherwise.
- The Company reserves the right to charge interest on all overdue amounts at the rate of 8% above the base reference rate of The Bank of England from the due date for payment. The Company shall also be entitled to claim compensation for debt recovery costs as set out by the Late Payment of Commercial Debts Regulations 2002.
- The Company may at any time require from the Buyer full or partial payment of the price prior to delivery or collection.
- Quotation, Order and Delivery
- Any quotation given by the Company is only valid for a period of thirty (30) days from the date of such quotation unless otherwise agreed in writing and provided always that it shall not have been withdrawn previously by the Company.
- No order placed with the Company shall result in a binding contract unless accepted by the Company in writing.
- Time of delivery is not of the essence and the Company shall not be liable for any loss or damage whatsoever suffered by the Buyer as a result of any delay in delivery or failure to deliver. However, the company will make all reasonable efforts to comply with pre-arranged delivery timescales.
- The Company reserves the right to make delivery by more than one instalment, each of which shall constitute a separate contract and the Buyer shall not be entitled to refuse to accept delivery of any instalment or to treat the Contract as repudiated.
- Loss or Damage in Transit
- Where the Goods are lost or damaged in transit otherwise than through the act or omission of the Buyer, the Company shall replace any items lost or damaged beyond economical repair or repair any items damaged provided that:-
- the Buyer has inspected the Goods immediately upon delivery.
- within 3 days of the receipt or collection of the Goods the Buyer has notified the Company in writing of any shortage, damage or defect.
- the Buyer has preserved the Goods in question intact and they are readily available for inspection.
- Risk and Title
- Risk in the Goods shall pass to the Buyer upon delivery.
- Notwithstanding the passing of risk, the title to and property in the Goods shall remain with the Company until the Buyer has paid all sums due in respect thereof and all or any other sums owing to the Company in respect of other goods supplied.
- Until title to the Goods passes:
- the Buyer shall hold the Goods as fiduciary agent and bailee for the Company.
- the Goods shall be kept separate and stored so as to be clearly identifiable as belonging to the company.
- The Company reserves the immediate right of re-possession of any Goods to which the Company has retained title as aforesaid exercisable at any time after delivery or collection of the Goods and the Buyer hereby grants an irrevocable right and licence to the Company’s servants and agents to enter upon all or any premises where the Goods are stored without prior notice for this purpose or for the purpose of inspection.
- The Company reserves the right of re-possession, from any location, of any Goods to which the Company has retained title whether or not the Buyer, as a reseller, has sold such Goods to a third party.
- Procedure for Returns of defective goods
- All returns must be agreed with the Company and, where necessary, registered under the returns procedure which can be The Company reserves the right to reject goods arriving at its premises that are not so recorded or clearly marked with the correct returns number. All returns will be subject to a 15% re-stocking charge.
- Protect Power warrants that all goods shall be free of defects and in good working order. The period of such warranty is 12 months return to base. Certain products might come with an extended warranty, which is offered by the manufacturer and not from Protect Power. If during the period of any part of a consignment of Goods) shall prove to be defective and if the Buyer shall have complied in all material respects with the Procedure for Return of Goods set out in Condition 5.3 below Protect Power will arrange with its agents to repair or replace the defective items but it shall be for Protect Power suppliers in its absolute discretion to decide whether to repair the defective items or replace them.
32.0 For the avoidance of doubt Protect Power shall not be liable to repair or replace the Goods until it has had an opportunity to examine them and under no circumstances will Protect Power send replacement Goods until the alleged defective Goods have been returned to the supplier
Be valid for seven working days from the date of issue of the RMA number.
32.1 If any Goods are or become defective within `the Guarantee Period´ the Buyer will obtain a Return of Merchandise Authority (RMA) form from Protect Power
32.2 UPS Centre will issue an RMA number after receipt from the Buyer of a duly completed RMA form along with copies of relevant invoices and delivery notes.
32.3 The Buyer shall return the defective Goods in secure packaging and shall mark the RMA number clearly on the package and shall return the defective Goods within seven working days of issue of the RMA number.
32.4 Goods are returned to Protect Power supplier for inspection & are at the risk of the Buyer and at their cost.
32.5 If the wrong items are returned we are not obliged to send those items back. Collection must be arranged by the Buyer. This must be done within a period of one month starting from the date the wrong goods had been returned. After that time, the items will be disposed.
- The Company warrants that it has title to and the right to sell the Goods.
- The Company upon request will assign to the Buyer the benefit of any warranty it has in respect of goods manufactured by a third party and supplied by the Company. For the avoidance of doubt the period of warranty will begin from date of delivery.
- Nothing in clause 9 shall exclude or restrict the Company’s liability for death or personal injury resulting from its negligence.
- The Company shall not be liable for any failure to deliver or perform the Contract resulting from force majeure or any other matter or event outside the Company’s control. This includes causes beyond the Company’s control including without limitation shortages of materials, accidents, strikes, trade and industrial disputes, fire, storm, act of God.
- In the event of any defect of manufacture, materials or workmanship in the Goods the Buyer shall communicate in writing to the Company within three (3) days of their arrival at the Buyer’s premises.
- If notice is given the Buyer shall not be entitled to reject the Goods until the Company has been given the opportunity to inspect the Goods and, if required, to remedy the problem.
- The Company shall not be liable for any loss of or damage to or resulting from the supply or use of the Goods whether arising from breach of duty in contract or tort (including negligence by the Company, its servants or agents) and in no circumstances shall the Company be liable for any indirect or consequential loss or damage.
- The total liability of the Company for all or any claims arising shall not exceed the price of the Goods.
- Subject to any liability of the Company in accordance with clause 9 the Buyer shall indemnify the Company in respect of any claim made by any third party in connection with the Goods or any use to which the goods may be put by the Buyer.
- The Buyer will keep confidential all technology, technical data, commercial information, know-how, specifications, inventions, processes, initiatives and other information which is of a confidential nature and which has been disclosed to the Buyer by the Company or its agents and any other confidential information concerning the Company’s business or its products which the Buyer may obtain as a result of or in connection with the Contract.
- The Buyer will restrict the disclosure of the confidential information to such of its employees, agents or subcontractors as need to know the same and will ensure that such employees, agents or subcontractors are subject to equivalent obligations of confidentiality as bind the Buyer.
- Intellectual Property Rights
- The Buyer will keep the Company indemnified in full against all liability, loss, damage, injury, claim, action, demand, expense or proceeding in respect of any infringement or alleged infringement of any IPR resulting from any compliance by the Company with the Buyer’s instructions, whether express or implied.
- Nothing in these conditions will be construed as any representation or warranty by the Company that the design, manufacture, use or sale of the Goods is not an infringement of any third party intellectual property rights and the Buyer acknowledges that the Company only transfers such title as the Company has.
- Health and Safety
- The Company has provided the Buyer with any product and technical information available on the safe use, storage, handling and distribution of the Goods. The Buyer shall be responsible for complying with all statutes, regulations and any codes of practice applicable thereto.
- If the Buyer:
- commits a material breach of the Contract; or
- commits any act of bankruptcy or enters into receivership, administration or winding up then in any such event the Company shall have the right to cancel or suspend any further deliveries and treat the contract as determined, but without prejudice to the Company’s right to any sums due and damages for loss suffered in consequence of such determination.
- Waiver and Severance
- Any indulgence granted by the Company to the Buyer and any failure by the Company to insist upon strict performance of these terms and conditions shall not be deemed a waiver of any of the Company?s rights or remedies nor be deemed a waiver of any subsequent default by the Buyer.
- The invalidity in whole or in part of any clause in these Conditions shall not affect the validity of the remainder of the clauses or these Conditions.
- Neither the Company nor the Buyer shall assign or transfer the contract or the benefits thereof without the prior written consent of the other party.
- Any notice hereunder shall be deemed to have been duly given if sent by prepaid first class registered post, fax to the party concerned at its registered office or principal place of business or emailed to the party concerned. Notices sent by first class registered post shall be deemed to have been given seven days after despatch, notices sent by fax or email shall be deemed to have been given twenty four hours from the date of despatch.
- Governing Law
- The Contract shall be governed by and construed in accordance with English law and any disputes arising shall be subject to the exclusive jurisdiction of the English Courts.