Terms and conditions - Goods

1. Application

1.1 These Terms and Conditions shall apply to the purchase of the goods detailed overleaf (“Goods”) by you       (“Buyer”) from Parfitt – Mobile (Vehicle Electrical Specialists) of Unit 30 Littlewoods Lane Hoveton Industrial Estate Norwich Norfolk NR12 8DZ (“Seller”) and to the payment of this invoice.  No other terms and conditions shall apply to the sale of the Goods or to this invoice unless agreed upon in writing between the Buyer and Seller.

1.2 The essence of these Terms and Conditions remains the same as those included with the Seller’s quotation.  The tense has been altered to reflect the inclusion of these Terms and Conditions in an invoice.

 

2. Interpretation

2.1 A “business day” means any day other than a Saturday, Sunday or bank holiday.

2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

2.3 Words imparting the singular number shall include the plural and vice-versa.

 

3. Goods

3.1 The description of the Goods are as set out in the Seller’s discussion with the customer or online or on any printed materials, confirmed in the quotation and this invoice.  In accepting the quotation the Buyer has acknowledged that it does not rely on any other representations regarding the Goods save for those made in writing by the Seller.  No descriptions of the Goods set out in the Seller’s discussion with the customer or online or on any printed material shall not be binding on the Seller and are intended as a guide only.

3.2 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

 

4. Price

4.1 Subject to sub-Clause 4.2, the price (“Price”) of the Goods shall be that detailed in the estimate, accepted by the Buyer and confirmed in this invoice.

4.2 Any increase in the cost of the Goods to the Seller due to any factor beyond the Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, shall be reflected in this invoice in accordance with the Sellers right to increase the Price prior to delivery.

4.3 Any increase in the Price under sub-Clause 4.2 shall only have taken place upon the Seller informing the Buyer of the increase in writing.

4.4 The Price is exclusive of fees for packaging and transportation / delivery.

 

5. Basis of Sale

5.1 The quotation constitutes written acceptance and confirmation by the Seller of the Buyer’s order for the Goods.

5.2 The quotation is a contractual offer to sell the Goods which the Buyer has accepted.  The Seller and the Buyer have entered into a contract for the sale of the Goods.

 

6. Payment

6.1 The Buyer shall pay the Price stated in this invoice on the date of this invoice or otherwise in accordance with any credit terms agreed between the Seller and the Buyer.

6.2 Payment must be made by the Buyer notwithstanding that delivery may not have taken place and / or that the property in the Goods has not passed to the Buyer.

6.3 Time for payment is of the essence of the Contract between the Seller and the Buyer.

6.4 Receipts for payment will be issued by the Seller only at the Buyer’s request.

6.6 All payments must be made in Pounds Sterling unless otherwise agreed in writing between the Seller and the Buyer.

 

7. Delivery

The Seller has delivered the Goods to the Buyer, enclosing this invoice has notified the Buyer that the Goods are ready for collection by the Buyer

 

8. Risk and Title

8.1 Risk of damage to or loss of the Goods shall pass to the Buyer either when the Goods are delivered to the Buyer or when the Seller notifies the Buyer that the Goods are ready for collection.

8.2 If the Buyer wrongfully fails to take delivery of the Goods, risk shall pass to the Buyer at the time when the Seller has tendered delivery of the Goods.

8.3 Legal and beneficial title in the Goods shall not pass to the Buyer until the Seller has received, in cash or cleared funds, payment in full of the Price.

8.4 The Seller reserves the right to repossess any Goods in which the Seller retains legal and beneficial title if full payment is not received in accordance with Clause 6.  In the event of such repossession the Buyer shall deliver the Goods in which legal and beneficial title has not passed to the Seller at its own cost.

8.5 The Buyer’s right to possession of the Goods in which the Seller retains legal and beneficial title shall terminate if:

(a) the Buyer commits a material breach of its obligations under these Terms and Conditions; or

(b) the Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
 

9. Returns and Refunds

9.1 If the Buyer is not satisfied with the Goods and wishes to return them it may do so provided:

(a) the Buyer informs the Seller that it wishes to return the Goods within 14 business days of delivery;

(b) the Goods remain in their original condition (as delivered); and

(c) the Buyer agrees to bear the cost of delivery to the Seller.

9.2 If the Goods are damaged or defective, the Buyer shall have the right to return them to the Seller and the Seller shall bear the costs of delivery.

9.3 Goods which have been custom made for the Buyer may only be returned if they are defective.  The Buyer’s statutory rights are unaffected.

9.3 A refund shall be issued to the Buyer only upon the receipt of the Goods in accordance with this Clause 9.

 

10. Guarantees

[The Seller shall guarantee the Goods against faulty workmanship and manufacturing defects for a period of 1 year (unless otherwise stated overleaf) from the delivery date.

 

11. Communications

11.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

11.2 Notices shall be deemed to have been duly given:

(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

(c) on the fifth business day following mailing, if mailed by national ordinary mail; or

(d) on the tenth business day following mailing, if mailed by airmail.

11.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.

 

12. Force Majeure

Neither party shall be liable for any failure, or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.  Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

 

13. No Waiver

No waiver by the Seller of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

14. Severance

In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).

 

15. Consumer Rights

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer.

 

16. Law and Jurisdiction

16.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

16.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

 

Terms and conditions - Services

1. Application

1.1 These Terms and Conditions shall apply to the provision of the services detailed overleaf (“Services”) by Parfitt – Mobile (Vehicle Electrical Specialists) of Unit 30 Littlewoods Lane Hoveton Industrial Estate Norwich Norfolk NR12 8DZ (“Supplier”) to you (“Client”) and to the payment of this invoice.  No other terms and conditions shall apply to the provision of Services or to this invoice unless agreed upon in writing between the Supplier and the Client.

1.2 The essence of these Terms and Conditions remains the same as those included with the Supplier’s quotation.  The tense has been altered to reflect the inclusion of these Terms and Conditions in an invoice.

 

2. Interpretation

2.1 A “business day” means any day other than a Saturday, Sunday or bank holiday.

2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

2.3 Words imparting the singular number shall include the plural and vice-versa.

 

3. Fees

3.1 The fees (“Fees”) for the Services are set out in the quotation and confirmed in this invoice.

3.2 In addition to the Fees, the Supplier is entitled to recover from the Client reasonable incidental expenses for materials used and for third party goods and / or services supplied in connection with the Services.  Any such expenses are included in this invoice.

3.3 The Client has agreed to pay the Supplier for any additional services provided by the Supplier that are not specified in the estimate in accordance with the Supplier’s current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between the Supplier and the Client.  Any such additional services so rendered are detailed and charged for in this invoice.

 

4. Quotation and Contract

4.1 The quotation constitutes written acceptance and confirmation by the Supplier of the Client’s order for the Services (as agreed between the Supplier and the Client).

4.2 The quotation is a contractual offer to provide the Services which the Client has accepted.  The Supplier and the Client have entered into a contract for the provision of the Services.

 

5. Payment

5.1 The Client shall pay the Fees due under this invoice on the date of this invoice or otherwise in accordance with any credit terms agreed between the Supplier and the Client.

5.2 Time for payment is of the essence of the contract between the Supplier and the Client.

5.3 If the Client fails to make payment within the period in sub-Clause 5.1, the Supplier shall charge the Client interest at the rate of 25% per annum above the Bank of England base rate from time to time on the amount outstanding until payment is received in full.

5.4 If the Client fails to make payment within the period in sub-Clause 5.1, the Supplier shall have the right to suspend the provision of the Services (where the provision of the Services is ongoing) until payment is received in full.

5.5 Receipts for payment will be issued by the Supplier only at the Client’s request.

5.6 All payments must be made in Pounds Sterling unless otherwise agreed in writing between the Supplier and the Client.

 

6. Liability and Indemnity

6.1 If the Supplier fails (or has failed) to perform the Services with reasonable care and skill it shall carry out all required remedial action at no additional cost to the Client.

6.2 The Supplier shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations if such delay or failure is due to any cause beyond the Supplier’s reasonable control.

6.3 The Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from any loss or damage to any equipment (including that belonging to third parties) caused by the Client.

 

7. Force Majeure

Neither party shall be liable for any failure, or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.  Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

 

8. Communications

8.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

8.2 Notices shall be deemed to have been duly given:

(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

(c) on the fifth business day following mailing, if mailed by national ordinary mail; or

(d) on the tenth business day following mailing, if mailed by airmail.

8.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.

 

9. No Waiver

9.1 No waiver by the Supplier of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

9.2 No failure or delay on the part of either the Supplier or the Client to exercise any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.

 

10. Severance

In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).

 

11. Consumer Rights

Nothing in these Terms and Conditions shall affect the Client’s statutory rights as a consumer.

 

12. Law and Jurisdiction

12.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

12.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.