Terms & Conditions.
1.1 In these Conditions:
“Precision” means Precision Windows & Doors Limited (registered in Scotland under number SC270061);
“CONDITIONS” means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between Precision and the Purchaser ;
“CONTRACT” means the contract for the sale and purchase of the Goods and the supply and acquisition of the Services;
“DELIVERY ADDRESS” means the address stated on the Order;
“GOODS” means the goods (including any instalment of the goods or any part of them) described in the Order;
“ORDER” means Precision’s purchase order reference to the Purchaser
“PRICE” means the price of the Goods and/or the charge for the Services;
“PURCHASER” means the person so described in the Order;
“SERVICES” means the services (if any) described in the Order;
“SPECIFICATION” includes any plans, drawings, data or other information relating to the Goods or Services;
“WRITING” includes email, cable, facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute, or provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of Purchase
2.1 The Order constitutes an offer by Precision to the Purchaser for purchase of Goods and/or acquire the Services subject to these Conditions.
2.2 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions on which any quotation has been given by Precision or subject to which the Order is accepted or purported to be accepted by the Purchaser.
2.3 The Order will, at the option of Precision, lapse unless unconditionally accepted by the Purchaser in writing / electronically within 7 days of its date.
2.4 No variation to the Order or these Conditions shall be binding unless agreed in Writing between a DIRECTOR of Precision and the Purchaser.
3.1 The quantity, quality and description of the Goods and the Services shall, subject as provided in these Conditions, be as specified in the Order and/or in any applicable Specification supplied by Precision to the Purchaser unless otherwise agreed in writing by Precision.
3.2 Any Specification supplied by Precision to the Purchaser, or specifically produced by the Purchaser for Precision, in connection with the Contract, together with the copyright, design rights or any other intellectual property rights in the Specification, shall be the exclusive property of Precision. The Purchaser shall not disclose to any third party or use any such Specification except to the extent that it is or becomes public knowledge through no fault of the Purchaser, or as required for the purpose of the Contract.
3.3 Precision shall comply with all applicable regulations or other legal requirements concerning the manufacture, packaging, packing and delivery of the Goods and the performance of the Services.
3.6 The Goods shall be marked in accordance with Precision’s instructions and any applicable regulations or requirements of the carrier and properly packed and secured to reach their destination in an undamaged condition.
4. Price of the Goods and Services
4.1 The Price of the Goods and the Services shall be as stated in the Order and, unless otherwise so stated inclusive of VAT unless otherwise informed by HMRC a VAT exemption is applied
4.1.1 inclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of the Goods to the Delivery Address and any duties, charges or levies other than value-added tax.
4.2 Precision reserves the right to vary the price of goods contained in any of its literature
4.3 Where the Purchaser is acting in the course of a business, the price invoiced to the Purchaser will be Precisions price prevailing at the time of despatch and shall be subject to fluctuation caused by ( but not restricted to ) any increase in cost occurred whether direct or indirect. Any increase in cost would be added to the price quoted by Precision
4.4 Precision will not be responsible for any recovery of any consequential losses
5. Terms of Payment
5.1 Unless otherwise agreed in writing by Precision, payment shall be made by the purchaser without any deduction.
5.2 For customers without an account the Purchaser will provide a 35% deposit upon order unless otherwise agreed in writing by Precision, the remaining balance will be paid in full upon collection or delivery… for good held by Precision due to the unlikely event of late collection by the Purchaser then Precision have the right to request payment after 5 working days
5.3 For Customers with an account, payment shall be made within 30 days unless agreed terms have been put in writing by Precision set out by the time of invoice or in despatch.
5.4 Precision hold the right to charge the Purchaser £100 per day for the storage of products after 5 working days unless agreed otherwise and in writing by Precision.
5.5 Precision will not be held responsible for damage of goods being stored.
5.6 Precision hold the right to dispose of any goods (upon given written notification to the purchaser) if in any event the purchaser has failed to collect after 6 weeks.
5.7 Whereby goods are delivered / collected in instalments Precision may at its discretion invoice each instalment separately or raise a full invoice on the first delivery / collection.
5.8 No dispute arising under the contract nor delays beyond reasonable control of Precision shall interfere with the Purchasers obligation to make a prompt payment in full.
5.9 For legitimate interest of the business your account information may be shared with our appointed Debt Recovery Agent / Solicitors to assist in collection of any overdue payment.
5.10 If the Purchaser fails to pay any sum due and payable under a contract to Precision by the due date, Precision has the right to
1. Terminate the contract and any other contract between both parties
2. Suspend all further deliveries of goods without notice until payment plus any interest in addition / cost occurred or both if applicable
3. Without prejudice to any other right or remedy available to the company, charge interest at a rate of 4% above the BoS base rate per annum such interest would accrue from the due date to the actual payment in full date.
4. To reclaim its cost & expenses from the purchaser incurred from the overdue invoice payment.
6.1 Any time given by Precision shall be an estimate only. Precision shall endeavour to deliver the goods at a time stated, or if no time has been agreed then within a reasonable time. For Purchasers acting in the course of a business time of delivery is not of the essence of any contract
6.2 Precision shall not be liable for any loss, cost, damage, or expense caused to the purchaser or anyone on behalf of the purchaser whether directly or indirectly, and the customer shall have no right to cancel any order or refuse to accept delivery of the goods, by reason of Precisions failure to comply with any delivery time stated.
6.3 Whereby the Purchaser has found a fault with a delivery of goods then this must be reported, and any relative information forwarded within 24hrs of the goods being received by either the Purchaser or by persons on there behalf.
The company may terminate any contract in whole or in part (without liability to the customer) by giving notice in writing to the Purchaser for the following;
- Breach of Terms which cannot be remedied
- Breach of Terms which can be remedied; however, the Purchaser fails to do so within 30 days
- If the Purchaser takes any steps or action in entering administration, provisional liquidation, or fails with any of its creditors which Precision feel
- may result in either.
8. Force Majeure (Events Beyond The Company’s Control).
10.1 Neither party will be in breach of contract nor liable for the delay in performing, or failure to perform, any of its obligations under the contract if such delay or failure result from an event or circumstances beyond either party’s reasonable control (including but not limited to non-delivery of goods by Precisions supply chain)
The Contract shall be governed in all respects by the laws of Scotland and, by accepting the order, the Purchaser submits to the non-exclusive jurisdiction of the Court of Session in Edinburgh / Glasgow