Peak Test Services Ltd (PTS)
STANDARD TERMS AND CONDITIONS OF TRADE
- A contract under which PTS shall sell goods to the buyer shall only come into existence once the PTS has received and accepted the buyer’s order and, until acceptance, the PTS shall be under no obligation to the buyer. A quotation issued by PTS shall only be valid for 30 days from its date
- The PTS's terms of payment, unless otherwise agreed in writing, are payment strictly net 30 days from the date of invoice. If full payment is not made by the due date, then interest shall thereafter be payable on the outstanding balance at the rate of 2% above Barclays bank minimum lending rate from time to time in force, compounded monthly until payment is made.
- Any variance in the information provided by the buyer for the purpose of quotation received after the buyer has accepted the quotation will invalidate the quotation and the PTS reserves the right to revise the price and/or delivery time.
- All prices quoted by the PTS are exclusive of carriage and packing costs unless specified “carriage paid” on the quotation. All currencies are accepted and will be converted at the days exchange rate at the time of invoice. All prices exclude freight and duty for Non European customers and has to be paid by the customer.
- The goods shall remain the property and in absolute ownership of the PTS until the buyer has paid in full all amounts owed by the buyer to the PTS (inc VAT) in respect of the goods on any account, under any transaction. Until such payment is made, the buyer holds the goods as the PTS’s fiduciary agent and bailee and the PTS may, at any time, request the return of any of the goods which are in the possession or control of the buyer. When payment is overdue, the PTS is granted an irrevocable licence to enter the buyer’s premises to recover PTS’s property (any goods or other materials).
- All copyright, trade secrets and other proprietary and intellectual property rights in the goods, their packaging and all information which the PTS may provide to the buyer or its agents shall (as between the parties) at all times remain vested in the PTS and the buyer shall not acquire any intellectual property rights or licence relating to the goods and may not copy or imitate the goods, save for any mechanical drawings, electrical/electronic schematics and software which are bespoke to the customer’s application, which will pass to the buyer upon settlement of all relevant invoices.
- Until such time as the buyer has paid in full all amounts owed by the buyer to the PTS (inc VAT) in respect of the goods on any account, the buyer shall keep the goods in good merchantable condition and, at its own cost, fully insure them on the PTS’s behalf for an amount that is not less than the price. Any proceeds from such insurance shall be held in trust for the PTS.
- The delivery time quoted is a true estimate based on current workload at the time of the quotation and will be ratified to the buyer on receipt of a firm order. However, the delivery time quoted is not a contractual guarantee, although every effort will be made to meet the date advised to the buyer. No financial penalty shall be accepted for delivery being later than the date quoted.
- PTS reserves the right to make deliveries and/or services by instalments and to render a separate invoice in respect of each instalment.
- If PTS exercises its right to make deliveries and/or services in accordance with paragraph 9 above, then any delay in the provision of such deliveries and/or services, or failure to deliver any further instalment or instalments, shall not entitle the buyer to reject the contract or the delivery/service of any other instalment or to withhold payment in respect of any instalment previously delivered/serviced.
- Any goods supplied by the PTS will be covered by warranty for workmanship and correctness of function for a period of one year from receipt of the goods by the buyer, or such other period as may be agreed in writing by the PTS. Any faulty goods are to be returned to the PTS for repair under warranty. Incorrectly ordered items or cancelled items will only be replaced or refunded at discretion of the supplier and may be subject to a handling charge, this applies prior to and after shipping. Cancellation can be made via email, fax or mail and a confirmation will be sent advising of any charges applicable.
- No acceptance of liability for extraneous cost incurred by the buyer are accepted by the PTS under warranty of the goods, save that of the carriage costs in returning the said goods to the PTS.
- The PTS shall not be liable in any way for any failure to perform its obligations or for loss, damage or delay incurred by the buyer resulting from circumstances beyond the PTS’s reasonable control.
- These conditions and the contract shall be subject to, and construed in accordance with, English law.
152a Front Street