Perfect panelling yeovil

TERMS AND CONDITIONS PERFECT PANELLING

If You are a Consumer, You have certain statutory rights regarding the return of defective Goods and claims in respect of losses caused by our negligence or failure to carry out our obligations. These Terms shall not affect your statutory rights.

DEFINITIONS In these terms and conditions of sale, the following meanings shall apply:

If You are a Consumer, You have certain statutory rights regarding the return of defective Goods and claims in respect of losses caused by our negligence or failure to carry out our obligations. These Terms shall not affect your statutory rights.

DEFINITIONS In these terms and conditions of sale, the following meanings shall apply:
“Bespoke Goods” means Goods that are commissioned to a particular specification on Your request. “Company Signatory” means a person authorised by Us.

“Consumer” means any natural person acting for purposes outside their trade, business, or profession.

“Contract” means the contract for the supply of Goods incorporating these Terms.

“Defect” means the condition and/or any attribute of the Goods and/or any other circumstances which, but for the effect of these Terms would have entitled You to damages.

“Goods” means the goods or when the context permits services to be supplied by Us. “Specials” means Goods that are not part of Our Standard Stock.

“Standard Stock Profile” means Goods that are allocated a product code on Our internal trading system.

“Terms” means the terms set out in this document and any special terms agreed in writing between a Company Signatory and You.

“We”, “Us” and “Our” means Perfect Panelling Ltd Registered in England & Wales No.07189811 “You” and “Your” means the person seeking to purchase Goods from Us.


1. THE CONTRACT

1.1 All orders are accepted by Us under these Terms and they may not be altered – other than with the written agreement of a Company Signatory. Any contrary or additional terms, unless so agreed, are excluded.
1.2 Quotations are valid for 30 days from the date of issue. Quotations may be amended or withdrawn in whole or part, by Us until acceptance of the quotation in writing by You.
1.3 Orders for Goods may be cancelled within 14 days from date of purchase only with the agreement of a Company Signatory and You will indemnify Us against all costs, claims, losses, or expenses incurred as a result of that cancellation, including all fees or charges applied by our supplier, for example re-stocking charges or transport costs. Notification of intent to cancel an order must be made in writing at info@perfectpanelling.co.uk.
1.4 You shall be responsible to Us for ensuring the accuracy of the terms of any order including any applicable design drawing or specification provided to Us by You and for giving Us any necessary information relating to the Goods within a sufficient time to enable Us to perform the Contract in accordance with its Terms.
1.5 We take every care when producing brochures, promotional material, technical guides, price lists and other literature, these documents are for your general guidance only and statements included in these documents (in the absence of fraud on our part) shall not constitute representations by Us and We shall not be bound by them.

1.6 All products provided by Perfect Panelling Ltd do not include delivery or installation unless specified. When purchasing products Perfect Panelling can provide guidance but will not accept responsibility for coverage areas and amounts required. 

2. PRICE

2.1 The Price of the Goods shall be that prevailing at the date of delivery of the Goods.
2.2 We are entitled to adjust the price of the Goods at the time of delivery by such amount as may be necessary to cover any increase sustained by Us after the date of acceptance of your order and any direct or indirect costs of making, obtaining, handling, or supplying the Goods.
2.3 Prices quoted are applicable to the quantity specified and on the information provided by You at the time of order. In the event of orders being placed for lesser quantities, or if there is any change in specifications, delivery dates, or delay is caused by your instructions or lack of instructions, We shall be entitled to adjust the price of the Goods as ordered to take account of the variations.

3. PAYMENT

3.1 Unless otherwise agreed, Goods must be paid for at the time of ordering by debit or credit card, or BACS payment.
3.2 Agreed credit accounts must be settled in full within 30 days of the date stated on the invoice.
3.3 Late payment will incur interest at 8% above the Bank of England base rate, prevailing from time to time, until the date of payment.
3.4 Credit facilities may be withdrawn or reduced at any time at our sole discretion.
3.5 Even if We have previously agreed to give You credit, We reserve the right to refuse to execute any order or Contract if the arrangements for payment or your credit rating is not satisfactory to Us.
3.6 In the case of short delivery, You will remain liable to pay the full invoice price of all Goods delivered or available for delivery.
3.7 You may not withhold payment of any invoice or other amount due to Us by reason of any right of set off or counterclaim, which You may have, or allege to have, for any reason whatsoever.
3.8 We shall be entitled at all times to set off any debt or claim of whatever nature which We may have against You against any sums due from Us to You.

4. DELIVERY

4.1 Delivery will be effected when the Goods leave our premises whether carried by Us or an independent carrier, or the premises of our suppliers when the Goods are delivered direct from suppliers.
4.2 Delivery dates are given in good faith but are estimates only and may be amended by Us at any time.
4.3 We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt of any liability to any third party) resulting from any delay in delivery of the Goods, or failure to deliver the Goods in a reasonable time – whether such delay or failure is caused by our negligence or otherwise howsoever.
4.4 We reserve the right to make delivery by instalments and tender a separate invoice in respect of each instalment.
4.5 The delivery price agreed includes our normal delivery charges but We may make an additional charge if We incur further costs or expenses such as complying with your request for delivery to an alternative address not stated on the invoice or orders of small value which are not economical for Us to deliver free.
4.6 We will deliver to the address You give Us provided there is a suitable road to the point where delivery is requested in the absence of which, delivery will be made to the nearest point at which, in the driver’s opinion, the vehicle can safely and lawfully access. Unless otherwise arranged, all deliveries will be made at the kerbside. We are not responsible for any additional lifting or carrying of the Goods. If Our delivery vehicle is kept waiting for an unreasonable time, or is obliged to return without completing delivery, or if We provide additional staff to unload Goods, an additional charge may be made.
4.7 If You fail to take delivery, accept, or collect the Goods within the agreed time, in our discretion, We may make an additional charge, invoice You for the Goods, or treat the Contract as repudiated and, in any case, recover our losses from You.
4.8 You will indemnify Us in respect of all costs, claims, losses, or expenses We may incur as a result of delivery in accordance with your instructions. This indemnity will be reduced in proportion to the extent that such costs, losses, claims, or expenses are due to our negligence. 

5. COLLECTION

5.1 You may collect Goods from Us during our trading hours. If they are not collected within 14 days from when We notify You that they are available, a storage charge of 10% of the entire order will be incurred You and will be payable in full before Goods are released.
5.2 If You collect Goods from Us, You are solely responsible for the size, weight and positioning of the load on the vehicle and shall indemnify Us in respect of all costs, claims, losses or expenses We may incur as a result of your collecting the Goods.

6. INSPECTION

6.1 You shall inspect the Goods at the place and time of delivery or collection, before installing, cutting or adapting the goods in anyway.
6.2 You must advise Us within three working days of delivery or collection of any claim for short delivery, damage, colour or other such variance as otherwise set out in the Contract. If  You do not give Us that notice within that time, the Goods will be deemed to have been delivered as stated in the Contract.
6.3 You shall not be entitled, and irrevocably and unconditionally waive any rights, to reject the Goods or claim any damages whatsoever, for short delivery, damage, colour or other variance, howsoever caused.

 

7. RETURNS

7.1 Panels from Perfect Panelling's MAYA and REVA ranges and Perfect Panelling trims may be returned within 30 days of purchase on production of proof of purchase. Only full packs of panels will be refunded. The Goods must be deemed to be in their original state, in a resaleable condition with no marks, damage or colour variance and providing all the original packaging is intact. If the packaging is damaged, We reserve the right to deduct the cost of replacement packaging. No refunds will be given for part packs unless the goods were originally sold as single units.

7.2 Max Grab and High Bond may be returned within 30 days of purchase, providing the product is unopened, unused and has not exceeded the expiry date.
7.3 Sale Goods and end of line Goods may not be returned.

7.4 Panels, trims and flooring purchased from third party suppliers such as Mermaid (Shore Laminates), Dumawall, Decorfloor, Keradecco and FIBO may be returned within 30 days of collection or delivery on production of proof of purchase, but will be subject to a 50% restocking fee. The Goods must be deemed to be in their original state, in a resaleable condition with no marks, damage or colour variance and providing all the original packaging is intact. No refunds will be given for part packs.

7.5 In relation to points 7.1 and 7.4 You may request that We collect the panels if We originally delivered the order. However, where FREE delivery was offered, a collection fee of £20 will be charged for collection. Where a delivery fee was charged, a collection fee equalling the same amount will be incurred. Collection charges are in addition to any restocking fees.

8. TITLE AND RISK

8.1 Risk in the Goods shall pass to You when the Goods are delivered.
8.2 The property in the Goods shall remain with Us until You pay all sums due to Us, whether in respect of this Contract or otherwise.
8.3 We shall be entitled, at any time, to recover any or all the Goods in your possession to which We have title and for that purpose, We, our employees, or agents may, with such transport as is necessary, enter upon any premises occupied by You, or to which You have access and where the Goods may be, or are believed to be, situated.

9. LIABILITIES

9.1 Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our personal negligence or our liability for fraudulent misrepresentation.
9.2 Subject to Clause 9.1 of these Terms, We shall not be liable by reason of any misrepresentation (unless fraudulent) or any breach of warranty condition or other term expressed or implied or any breach of duty (common law or statutory) or negligence for any damages whatsoever. Instead of liability in damages, We undertake liability under Clause 9.3 below.
9.3 Where but for the effect of Clause 9.2 of these Terms You would have been entitled to damages against Us, We shall not be liable to pay damages but subject to the conditions set out in Clause 9.4 below shall at our sole discretion, either repair the Goods at our own expense, or supply replacement Goods free of charge or refund all (or where appropriate part) of the price of the relevant Goods.
9.4 We shall not be liable under Clause 9.3: 9.4.1 if the Defect arises from wear and tear. 9.4.2 if the Defect arises from wilful damage, negligence, abnormal working conditions, misuse, alteration or repair of the Goods, failure to follow British Standard or industry instructions relevant to the Goods, or storage of the Goods in unsuitable conditions (but this sub-clause shall not apply to any act or omission on our part). 9.4.3 unless after discovery of the Defect We are given a reasonable opportunity to inspect the Goods before they are used, or in any way interfered with. For the avoidance of doubt, We acknowledge that the costs of suspending works are relevant to the determination of what is reasonable opportunity, and this sub-clause shall not apply to any works affecting the Goods, which it may be reasonably necessary to carry out in the interests of safety and/or as emergency measures. 9.4.4 if the Defect would have been apparent on a reasonable inspection under Clause 6.1 of these Terms at the time of unloading unless You advise Us by telephone immediately and written notice of any claim is given to Us within three working days of the time of unloading.
9.5 Where Goods are manufactured by a third party – whether or not at your request – our liability, in respect of any Defect in workmanship or materials of the Goods, will be limited to such rights against the manufacturer or the third party as We may have in respect of those Goods.
9.6 You will unconditionally, fully, and effectively, indemnify Us against all loss damages, costs on an indemnity basis and expenses awarded against, or incurred by Us in connection with, or paid, or agreed to be paid by Us in settlement of any claim by any third party arising from the supply or use of the Goods. This indemnity will be reduced in proportion to the extent that such loss, damage, costs, and expenses are due to our negligence.
9.7 Without prejudice to any other provisions in these Terms, in any event, our total liability for any one claim, or for the total of all claims arising from any one act of default on our part howsoever arising (whether arising from our negligence or otherwise), shall not exceed the purchase price of the Goods – the subject matter of any claim.

10. DATA PROTECTION

10.1 For the purposes of this clause, (a) "Data Protection Laws" means any laws and regulations relating to the use or processing of personal data including: (i) retained EU law version of the General Data Protection Regulation (EU) 2016/679 ("UK GDPR") (ii) any laws or regulations ratifying, implementing, adopting, supplementing or replacing the UK GDPR; (iii) the Data Protection Act 2018 ("DPA") and (iv) any laws and regulations implementing the Privacy and Electronic Communications Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2009/2426) in each case, as updated, amended or replaced from time to time; and (b) the terms "Data Subject", "Personal Data", "processing", "processor" and "controller" shall have the meanings set out in the UK GDPR.
10.2Each party shall comply with the provisions and obligations imposed on it by the Data Protection Laws when processing Personal Data in connection with these Terms. Such processing shall continue for so long as these Terms is in force and shall be in respect of the following: 9.2.1 Categories of data: Contacts within each of the parties and the ultimate customer details; 9.2.2 Types of personal data: names, addresses, email addresses, telephone numbers and other contact details;
9.2.3 Purpose and nature of processing: (i) manage the Contracts between the parties including ordering, fulfilment and billing and (ii) fulfilment of such Contracts by delivering goods to the ultimate customer on behalf of the Customer

10.3 If either party receives any complaint, notice or communication which relates to the processing of Personal Data by the other party or to either party's compliance with the Data Protection Laws, or if any Personal Data processed in connection with these Terms is subject to a personal data breach (as defined in the UK GDPR), it shall immediately notify the other party and provide the other party with reasonable co-operation and assistance in relation to any such complaint, notice, communication or personal data breach. March 2021

11. NON-PAYMENT/INSOLVENCY

11.1 “Insolvent” means You becoming unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986; the levying or the threat of execution or distress on any of your property; the appointment of a receiver or administrative receiver over all, or any part, of your property; a proposal for a voluntary arrangement or compromise between You and your creditors, whether pursuant to the Insolvency Act 1986 or otherwise; the passing of a resolution for voluntary winding up, or summoning a meeting to pass such a resolution otherwise than for the purposes of a bona fide amalgamation or reconstruction, the presentation of a petition for your winding-up, or for an administration order in relation to You. If You suffer any analogous step or proceedings under foreign law or You are ceasing or threatening to cease to carry on your business.
11.2 If You fail to pay the price for any Goods on the due date or fail to pay any sum due to Us under any Contract on the due date or You become insolvent or if You are a limited company or partnership and there is a material change in your constitution or You commit a material breach of this Contract and fail to remedy that breach, all sums outstanding between You and Us shall become immediately payable, and We shall be entitled to do any one or more of the following (without prejudice to any other right or remedy We may have): 10.2.1 require payment in cleared funds in advance of further deliveries 10.2.2 cancel or suspend any further deliveries to You under any Contract without liability on our part 10.2.3 without prejudice to the generality of Clause 7 of these Terms exercise any of our rights pursuant to that clause.
11.3 If We reasonably incur third party costs, such as tracing or debt collection agency costs, or seek to take legal proceedings to enforce our rights as a result of your breach of this Contract – including but not limited to – recovery of any sums due, You will reimburse Us such reasonable agency costs or legal costs incurred on an indemnity basis.
11.4 Without prejudice to clause 10.3 if You are acting in the course of a business then in the event of late payment We reserve the right to claim compensation pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 at the prevailing rate, currently £40 for a debt less than £1000, £70 for a debt of more than £1000 but less than £10,000 and £100 for a debt in excess of £10,000.

12 GENERAL

12.1 Without affecting any other right or remedy available to us, we may terminate any Contract with you with immediate effect by giving written notice to you if you commit a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of seven (7) days after being notified in writing to do so.
12.2 This Contract shall be governed and interpreted according to the Law of England and Wales, and You agree to submit to the non-exclusive jurisdiction of the English Courts.
12.3 We shall not be liable for any delay or failure to perform any of our obligations in relation to the Goods due to any cause beyond our reasonable control, including industrial action.
12.4 The waiver by Us of any breach or default of these Terms shall not be construed as a continued waiver of that breach, nor as a waiver of any subsequent breach of the same, or any other provision.
12.5 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable, the validity of the other clauses and sub clauses of these Terms shall not be affected, and they shall remain in full force and effect.
12.6 We may assign novate, or subcontract all or part of this Contract and You shall be deemed to consent to any novation. This Contract is personal to You, and it may not be assigned by You.
12.7 Nothing in this Contract is intended to, or will grant any right, to any third party to enforce any Terms of this Contract, be it express or implied.

Perfect panelling Yeovil