Terms & conditions
Pennant Shop Equipment Limited
Terms and Conditions of
Any order placed with Pennant Shop Equipment Limited is subject to the following conditions of sale.
1. Validity of quotation
No order received from a customer by the Company shall constitute a contract until accepted in writing by the Company.
2. Prices
Prices are those applicable at the date of despatch of the goods or each instalment thereof. Unless otherwise stated, all prices are exclusive of any applicable value added tax and postage, packing, freight and insurance charges, for which the customer shall be additionally liable to the Company.
3. Delivery
Delivery periods and dates are given in good faith, but are not the subject of any warranty or condition. The Company will at all times endeavour to meet such delivery dates but no liability will attach to the Company if delivery periods or dates are not met.
4. Payment
All payment for goods will be made in advance by credit or debit card using a secure site. Ownership of the goods will not pass to the buyer until payment is made in full.
5. Warranty
5.1 - Save as expressly stated herein, all warranties and conditions whether expressed or implied by statute (including in particular sections 13, 14 and 15 of the Sale of Goods Act 1979 as amended by the Sale of Goods (amendment) Act 1994) usage, trade custom or otherwise relating to the quality ornature of the goods or their life or wear or fitness for any particular purpose or use are hereby expressly excluded.
5.2 - Claims must be notified in writing to the Company immediately upon receipt from the date of delivery. Non-delivery of a consignment, whether in whole or in part, must be notified to the Company within three days of receipt of invoice or despatch note, whichever is the earlier.
5.3 - The Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
5.4 - The Company shall be under no liability if the defect or failure, in the reasonable opinion of the Company, arises from wilful damage or misuse, negligence by the customer or any third party, failure to follow the Company's instructions, or alteration or repair of the goods without the Company's prior approval. 5.5 - The Company shall be under no liability if the price for the goods has not been paid by the due date for payment.
5.6 - The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the customer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company. 5.7 - In the case of the customer re-selling the goods or forwarding the goods to third parties, the Company shall accept no liability for any loss or damage to the goods and it is the customer’s responsibility to inspect the goods prior to such re-sale or forwarding.
5.8 - Except in the case of death or personal injury caused by the Company's negligence, the Company shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation. 6. Return of Goods
The Company will not accept the return of goods made to special order'. 'The Company will not accept the returned of standard products without prior written consent. Where consent is given a re-stocking charge of £10 plus10% of the value of the order will be charged. The customer shall be responsible for all freight and packing charges. If the goods are damaged during their return to the Company due to inadequate or incorrect packing, the customer shall remain liable for the full value of the goods and shall not be entitled to replacement.
7. Risk
The risk in the goods shall pass to the customer on delivery to the customer or (if earlier) upon collection by the customer or the customer’s carriers or agents.
8. Force majeure
The Company shall not be liable to the customer, or be deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the goods, if the delay or failure was due to force majeure or to any other cause beyond the Company's reasonable control.
9. Reservation of title
The goods sold under these conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the Company until payment in full of all amounts invoiced or due to the Company in respect of the goods.
10. Insolvency of customer
If the customer, being a body corporate, shall pass a resolution or suffer an order of the Court to be made for winding-up, or if a receiver, administrator or administrative receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then the Company shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.
11. Patent rights, etc
11.1 - The customer recognises the rights of the Company under any patents, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced.
11.2 -No warranty is given that the manufacture, design or use of the Goods for any purpose does not infringe any British or foreign patent, trade mark, registered design, copyright or other similar intellectual property right and the customer hereby indemnifies the Company against all damages, penalties, costs and expenses for which the Company may become liable as a result of work performed in accordance with the customer’s specifications which involves the infringement of any such intellectual property right.
12. Credit accounts
Credit accounts can only be opened on receipt of satisfactory references, are reviewed annually and can be closed by the Company at any time. Non-account customers can only be dealt with by payment by credit or debit card or some other form of cleared pre-payment prior to despatch.
13. Our specification
We reserve the right to alter any design and/or specification of our products (save for products made to the customer’s specification) without prior notice.
14. Order Value
Minimum order value £25.00 nett. Minimum carriage charge £5.00 nett.
15. Waiver
No waiver by us of any breach of any provision by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
16. Applicable law
These conditions shall be governed by and construed in accordance with English law and the parties acknowledge and accept the exclusive jurisdiction of the English Courts.