Terms and Conditions of Trading
In these conditions, the following expressions have the following meanings:
|Perfect Panels||Perfect Panels Ltd. And or either company’s successors|
|“The Contract”||The Contract between Perfect Panels and the customer to which the conditions apply|
|“Goods”||The Goods or materials or services or the combination of these to be supplied under the contract|
|“Delivery Date”||Date or any period specified in the contract for the supply of the goods.|
|“Customer”||The party in whose name the order has been placed and in whose name appears on the acknowledgement of the order issued by Perfect Panels|
|“Third party supplier”||Suppliers of materials to Perfect Panels for the manufacture of goods|
1.1 All orders accepted by Perfect Panels are subject to these conditions which shall apply to all Contracts for the goods and any work done by perfect panels to the exclusion of any other conditions or warranties expressed or implied and which shall override any term or condition stipulated or referred to by the Customer whether in order, letter, email tender document or in negotiations.
1.2 No person acting or purporting to act on behalf of Perfect Panels shall have any authority to waive any of Perfect Panels rights under the Contract orally, and no such waiver shall have any effect unless it is in writing and signed on behalf of Perfect Panels.
1.3 Perfect Panels reserve the right to decline, cancel or restrict quantities of any orders the customer places with us without giving prior notice.
1.4 In the event that the customer cancels the goods, the customer will be liable to Perfect Panels for all damages and no refund will be made.
1.5 As the policy of Perfect Panels is one on continuous technical improvement it reserves the right from time to time to revise, modify or vary the technical specification of the goods.
2.1 Although Perfect Panels will use every endeavour to meet delivery dates it shall not be liable for any loss or damage arising from any delay however caused in meeting delivery dates or failing to delivery by any specified method or by particular vehicle.
2.2 All prices quoted or tendered by Perfect Panels are exclusive of delivery unless specifically otherwise stated and Perfect Panels reserves the right to make a charge on delivery of goods.
2.3 Perfect Panels will not make deliveries to non UK mainland postcodes, this includes the Highlands and islands of Scotland, Channel Islands, Isle of Man, Isle of Scilly, Isle of Wight, Northern Ireland, Jersey and Guernsey and similar locations.
2.4 Perfect Panels reserves the right to make partial deliveries.
2.5 All deliveries are kerbside and will be undertaken by one driver only. It is the responsibility of the customer to ensure that an authorised person is on site and is physically capable of unloading the delivery.
2.6 On arrival of goods at the delivery address, the customer is allowed a 30 minute unloading slot after which waiting time may be charged.
2.7 Where deliveries cannot be accepted at the point of delivery, the customer will be liable for redelivery charges.
2.8 The Perfect Panels driver will wait a maximum of 15 minutes onsite for unloading to commence before it is considered to be a failed delivery.
2.9 Failed deliveries will incur redelivery and handling charges.
2.10 The customer must report any missing items at the point of delivery. Damaged or incorrectly sized items must be reported within 24 hours in writing and are subject to the returns policy. Failure to notify Perfect Panels within 24 hours damaged or missing items will be deemed as having been supplied and in good condition by the customer.
2.11 Goods must be collected within 2 working days of being notified that the order is complete.
2.12 Perfect Panels reserves the right to make storage charges on failed deliveries or items not collected within 2 working days. Storage charges are payable at a rate of 5% of the order value per 24 hours until collection or delivery is successfully made.
2.13 Delivery dates and times are estimated and are used for guidance only and are subject to product availability.
2.14 If labels are requested Perfect Panels cannot guarantee that they will still be attached on delivery.
3.1 Unless otherwise agreed prices do not include VAT or any other tax or levy on the supply of goods. VAT will be added on all invoices raised. Unless otherwise agreed, prices do not include allowance for unique packaging.
3.2 Unless previously withdrawn any quotation or tender shall remain open for the period stated therein or where no period is stated for (28) days after the date thereof.
3.3 No binding contract shall arise before Perfect Panels shall have issued an acknowledgement of order in respect of the customers and no person acting or purporting to act on behalf of Perfect Panels has any authority to enter into a contract orally for the supply of goods by Perfect Panels.
3.4 Error and omissions accepted.
3.5 It is the sole responsibility of the customer that all order details are correct. Perfect Panels will not be liable for errors or omissions arising from input data on behalf of the customer once the customer has approved the order and made payment.
3.6 Perfect Panels reserves the right change their price list or remove an offer at any point.
3.7 Orders are only accepted using the Perfect Panels online store and optimiser programme.
3.8 The customer must request any offcuts at the time of order.
4.1 Payment can be made using cash, cheque, credit or debit cards and BACS. Orders will not be processed unless the payment is cleared in full.
4.2 An order is considered contractually binding at the time of payment at which point procurement and manufacture will commence.
4.3 All goods and services remain the property of Perfect Panels until the payment is received in full.
5. Returns /Replacements
5.1 Due to the bespoke nature of processed panels that have been cut to size these items cannot be returned for credit.
5.2 Any returned unprocessed boards being must be in the same condition as you received them in. Proof of purchase may be required.
5.3 Missing or damaged items will not be credited or remade by Perfect Panels unless they have been noted on the delivery/collection note.
5.4 Perfect Panels reserves the right to inspect the damaged goods prior to remanufacture or refund.
5.5 If replacement goods or refund is issued then the original goods remain the property of Perfect Panels and must be returned at the buyer’s expense.
5.6 Where Perfect Panels agrees to a financial refund, the refund will be credited into your account via BACS or refunded directly to your payment card within 14 days.
6. Third party suppliers
6.1 Perfect Panels is not responsible for the supply of goods and services from third party suppliers. This includes but is not limited to, the manufacturing quality or defects from any board manufacturer, nor can it guarantee colour quality, consistency, and pattern from any manufacturer against samples or literature.
6.2 The customer should be aware that goods ordered at different times may be subject to differences in grain, colour and texture.
6.3 Perfect Panels will undertake its best endeavours to ensure a good quality product is delivered in a timely manner and any issues with quality must be noted on the delivery/collection advice note.
7. Limitations and Liability
7.1 Nothing in these conditions shall limit or exclude Perfect Panels liability for: death or personal injury caused by its negligence, or the negligence of its employees, agents or sub-contractors; fraud or fraudulent misrepresentations; breach of terms implied by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach of terms implied by Section 12 of the Sale of Goods Act 1979 (total and quiet possession); or defective products under the Consumer Protection Act 1987.
7.2 Clause 7.3 and 7.4 are subject to clause 7.1
7.3 Perfect Panels shall not be liable to the customer whether in contract, for breach of statutory duty, or otherwise, for any loss of profit or administrative inconvenience; disappointment; indirect or consequential loss of damage arising in connection with the Contract of any problem in relation to the goods and we have no liability to pay any money to the customer by way of compensation other than any refund that we make under these conditions. This does not affect the customer’s statutory rights as a consumer.
7.4 Perfect Panels total liability to the customer in respect of all other losses arising under or in connection with the contract, whether in contract, tort, (including negligence), breach of statutory duty or otherwise, including losses caused by Perfect Panels deliberate personal repudiatory breach shall not exceed the price paid by the customer for the goods or services in the order.
7.5 Except as set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent committed by law, excluded from the contract.
7.6 This clause 7 shall survive termination of the contract.
8. Governing Law
8.1 The contract shall be governed by the laws of England and the customer submits to the jurisdiction of the English courts
9. Mediation and Arbitration
Any dispute relating to this Contract which cannot be resolved by negotiation between the parties within 60 days of either party giving notice to the other party that a dispute has arisen may be submitted to mediation pursuant to the Mediation Rules of a certified ADR provider and failing settlement of that dispute by mediation within 60 days thereafter, the dispute shall be submitted by any party for final resolution by arbitration by a single arbitrator appointed at the instance of either party by the President of the Law Society of England and Wales whose determination thereon shall be final and binding on the party. The Customer hereby agrees to submit to the jurisdiction of the High Court of Justice in England and Wales in connection with all or any matters concerning the conduct of the arbitration or the enforcement of any award.