NOTATION

It is understood that reference to the Seller refers to F & B Profiles Limited Trading as Precision Profiles and the Purchaser means the person, firm or company placing an order with the Seller.

TERMS

NETT MONTHLY ACCOUNT. Payment is due by the end of the month following the month of delivery and if payment is not made within this period, unless special conditions were previously agreed, no further goods will be despatched nor services performed until the account has been settled. Should an outside source be required to collect payment, the account will be closed forthwith and any further transactions will only take place CASH ON DELIVERY.

WARRANTY

The Seller shall use all reasonable endeavours to ensure that the goods and/or services are in accordance with any specifications agreed and will use all reasonable endeavours to pass on to the Purchaser the benefit of any warranty given by the manufacturer of the goods.

DEFECTS

The goods delivered or services performed shall be conclusively presumed to be in all respects in accordance with the contract unless the Purchaser notifies the Seller otherwise within three working days of the date of delivery. Claims will only be entertained by the Seller if the goods are still in the original state and have not been treated or processed.

If the Purchaser establishes to the Seller’s reasonable satisfaction that there has been a breach of the warranty or the goods and/or services are not in accordance with the contract, the Purchaser’s sole remedy shall be limited (at the Seller’s option) to the replacement of goods or a refund of the purchase price in each case (other than for non receipt) against return of the goods. Goods delivered in accordance with the contract may not be returned without the Seller’s express agreement and on such terms as it thinks fit.

The Purchaser’s own materials will be processed or treated in accordance with any contract but the Seller does not accept any liability for the costs of replacement of the material in the event of a mistake occurring.

LIABILITY

Nothing in these conditions affects the statutory rights of a purchaser where the goods or services are sold to a person dealing as a consumer (as defined in the Unfair Contract Terms Act 1977). Nothing in these conditions shall exclude the liability of the Seller for death or personal injury resulting from its negligence insofar as the same is prohibited by a United Kingdom statute.

Save as expressly provided in these conditions, all terms, conditions, representations and warranties (whether expressed or implied) are excluded to the fullest extent permitted by the law.

Subject to any other limitation or exclusion of liability in these conditions, the maximum aggregate liability of the Seller, its employees and agents for breach of any contract or otherwise in connection with that contract (including for breach of any statutory duty and any tortious act or omission including negligence) shall so far as permitted by law be limited to the price paid to the Seller under the contract.

The Seller shall not be liable for any delay or failure in the performance of its obligations under any contract to the extent due to circumstances beyond its control.

RETENTION OF TITLE

(a) Risk in the goods shall be passed to the Purchaser immediately on delivery to the Purchaser.
(b) The property in the goods shall not pass to the Purchaser until all sums due or owing to the Seller by the Purchaser on any account have been paid. While the goods are the property of the Seller, the Purchaser shall keep them safe, insured and separate and identifiable from all the goods in its possession, and the Seller may (in addition to any other rights he might have) under any land or buildings where the goods are located and repossess and sell the goods.