PJ Thory Limited
Terms and conditions
1. DEFINITIONS
(a) references to “the company” shall mean PJ Thory Limited and references to “the customer” means individual, firm, company, partnership or other party with whom the company contracts.
(b) Any contract which the company may enter into (“the contract”) shall be subject to these terms and conditions and any alterations or variations to these terms and conditions must be agreed by the company in writing.
(c) These terms and conditions override any terms and conditions stipulated or referred to by a customer in any order pre contractual or purported acceptance of any quotation or offer.
2. PRICING
- Any quotation given by the company shall be valid for a period of six months from the date of that quotation.
- Notwithstanding the provisions of (a) above the company shall be entitled to make such price increases as it sees fit to take into account and increase arising cost in purchasing goods or materials (including any increase arising out of varying specification of instruction provided by any customer or any additional modification which the customer may request). All prices quoted shall be exclusive of V.A.T prevailing at the current rate and the customer shall be responsible for the payment of all duties. Taxes, levies and other charges payable in respect of goods and services provided under these terms and conditions.
- The company reserves the right to make additional charges for deliveries or collections requested on public holidays, Sundays and Saturday afternoons or outside the hours of 8:00am to 4:30pm on any day.
The company reserves the right levy additional charges if:
- The customer requests delivery in anything less than full loads or tipping at more than one point of discharge and;
- For any reason the company’s delivery vehicle is prevented from discharging it’s load for a period of one hour from the time of arrival at the delivery point.
All prices quoted are on the assumption that safe and easy access for the company’s vehicles will be provided and if in the opinion of the company or its agent access is not available the company reserves the right to refuse to deliver goods until such suitable access is provided. In such event the customer will be levied with an additional charge for costs incurred by the company in having to make an additional journey to effect delivery.
3. DELIVERY AND PASSING OF RISK
(a) Risk in goods supplied by the company shall pass to the costumer at the point when the company’s vehicle or the company’s agent’s vehicle enters the customer’s vehicle site for delivery irrespective of whether delivery is affected or prevented for whatever reason or postponed at the customer’s request.
(b) The company endeavours to deliver goods on specific dates and within specific periods but such dates and periods can be estimates only but are in any event given in good faith. The company cannot be held liable for any failure to deliver on a specific date or within specific period and will not in any event accept liability for any lose accruing as a result of any such late delivery. Moreover, the company shall be entitled to defer delivery until all overdue monies for previous deliveries to any customer have been received in full.
4. SETTLEMENT OF INVOICES
Payment shall be made by the customer not later than 30 days of the date of any invoice supplied and time shall be of the essence of any contract entered into under these terms and conditions. The company reserves the right to charge interest on all overdue accounts at 2% over the base rate of Lloyds TSB Bank plc from time to time on a daily basis until payment has been made in full.
5. FAILURE TO PAY AND CANCELLATIONS
(a) In the event that a customer fails to make any payments as and when due or enters into any composition or arrangement with creditors or being a company has a administrator receiver, administrator or liquidator appointed or shall pass any resolution or winding up or any court shall make an order to that effect or there shall be any breach by the customer of these terms and conditions the company may immediately defer or cancel (at its option) any further deliveries due and any sums outstanding by such customer to the company shall immediately become due and payable.
(b) The company shall only accept cancellation at its absolute discretion and when agreed liquidated damages for breach of contract.
6. LIABILLITY
(a) In the event of any discrepancy in the weight, dimension, performance or other description of goods supplied under any contract entered into under these terms and conditions the company’s ;liability in respect of any loss or damage sustained by a customer as a result of any loss or damage sustained by a customer as a result of such error shall not exceed the price of the goods supplied. In any event the customer must give the company reasonable notice of such defect, failure or error and have provided the opportunity for the company’s servants or agents to inspect the goods before the company will entertain any claim. The company will not have any further or additional liability in respect of any direct or consequential loss or damage, which a customer may sustain arising out of such defect, failure or error as aforesaid.
(b) In the event that the company agrees to replace goods as a result of a breach of the pro visions sub clause (a) hereof any time specified for delivery under the initial contract shall be extended for such a period as the company may reasonably require.
(c) Save as for such terms may be implied into any contract under the provisions of section 12 of the sales of goods act 1970 or section 2 of the Supply Of Goods and Services Act 1982 all conditions, warranties and other terms expressed or implied statutory or otherwise shall be expressly excluded save insofar as referred to herein or as otherwise expressly agreed to by the company in writing PROVIDED ALWAYS that if and insofar as any legislation for any order made thereunder shall make or have made it unlawful to exclude or purport to exclude any such term the forgoing provisions of the paragraph will not apply to such terms.
(d) The company will not be liable for any breach of contract to any extent to which the same might be caused or might arise out of any mater beyond out control, including Act Of God, force majeure, adverse weather conditions, war or hostilities, legislation, Government order or direction, strike, lock-out, labour disturbance, civil commotion, fire, accident, breakdown of machinery or lack of shortage of labour or materials or goods and in any such case we shall cease to be under any obligation to the customer to complete deliveries or collections under such contract by any particular time (but without prejudice to our right to recover payment for any materials already delivered or for any waste already collected).
7. ARBITRATION
Any Dispute or difference between the company or any customer in connection with any contract shall be referred to and determined in accordance with the provisions of the arbitration Act 1950 or any statutory modification or re-inactment thereof. The customer hereby submits to the jurisdiction of the courts of England.
