
Definitions
1.1 The "Company" shall mean the Polishing Company Limited.
1.2 The "Manufacturer (s)" shall mean the original manufacturers of the products sold
1.3 The "Conditions" shall mean these Conditions of Sale.
1.4 The "Purchaser" shall mean the company or individual who buys or has agreed to buy goods.
1.5 The "Goods" shall mean items of any nature that the Purchaser buys or has agreed to buy from the Company.
1.6 The "Publications" shall mean any information provided by the Company.
Publications
2.1 Although great care has been taken to ensure the accuracy of any information provided in the Publications of the Company, the Publications are provided without any representation or warranty and in no event shall the Company be liable in connection with the use of that information.
2.2 The Company reserves the right to make changes to the information contained in the Publications at any time and without notice.
2.3 The Publications may provide links to other web sites, which are not under the control of the Company and the Company shall not be responsible in any way for the content of such other web sites. The Company provides such links only as a convenience, and the inclusion of any link to a web site does not imply endorsement by the Company of the content of such sites.
2.4 Copyright in the Publications provided by the Company are the property of the Company and all rights are reserved.
2.5 Permission is granted to electronically copy and to print in hard copy portions of these Publications for the sole purpose of placing an order with the Company or using the Publications as a shopping resource. Any other use of materials in these Publications including reproduction for purposes other than those noted above, modification, distribution or republication without the written consent of the Company is strictly prohibited.
2.6 The trademarks and logos contained in the Publications are either the trademarks or registered trademarks of the Company or the Manufacturers
General
3.1 All orders are accepted only upon the Company's terms and conditions of sale which shall prevail over any terms and conditions in the Purchaser's documentation which are inconsistent with those of the Company.
Terms of Payment
4.1 Unless otherwise agreed, the Purchaser will pay for all goods in Pounds Sterling in advance of receipt by either pro forma invoice or by credit card or debit card or by such other form of cleared funds as agreed by the Company.
4.2 Where payment is made by cheque, international money order or direct bank transfer it shall not be deemed to have been made until the payment has been honoured by the drawer's bank and cleared in the Company's bank account.
4.3 Where payment is made by foreign cheque, international money order or direct bank transfer the Purchaser shall be liable for all bank charges.
4.4 Where the Purchaser has a running credit account with the Company payment will become due thirty days after the issue date of the Company's invoice. The Company reserves the right to charge interest at a rate of 2% above the current Bank of England interest rate on all amounts unpaid by the due date and the Company shall be entitled to compound the same until payment in full has been received by the Company. Payments received by the Company shall be applied first in settlement to such charge and then in settling the purchase price. Failure to pay the price of goods supplied or any part of the price thereof or any other monies payable by the Purchaser under these conditions will entitle the Company to refuse to make delivery of any further consignment of Goods and any such action shall not be regarded as a breach of contract.
4.5 Legal and beneficial ownership of Goods shall remain with the Company until full payment for the Goods and/or other charges arising under these conditions has been made in full. The risk as to loss or damage of the said Goods shall, however, pass to the Purchaser upon delivery thereof. Until beneficial ownership of the said Goods passes to the Purchaser the Purchaser shall keep the Goods free from any charge or other encumbrance.
Pricing
5.1 The Company reserves the right to change or amend the price of the Goods at any time. Any order placed by a Purchaser and acknowledged and agreed by the Company in writing prior to the date of such price change will be charged at the price acknowledged and agreed by the Company.
5.2 Unless otherwise stated the price of Goods excludes the cost of delivery.
5.3 Delivery of Goods to destinations within the European Union will be subject to Value Added Tax at the current rate prevailing within the United Kingdom.
5.4 Delivery of Goods to destinations outside the European Union will not be subject to Value Added Tax but may be subject to import taxes and duties payable by the Purchaser upon receipt of the Goods.
Delivery
6.1 The Company will endeavour to hold an inventory of Goods listed in the Publications but makes no guarantee to fulfil the Purchaser's order from the Company or Manufacturer's stockholding.
6.2 If the Company is unable to dispatch the Goods ordered by the Purchaser within 15 working days of the Company receiving the Purchaser's order the Company will inform the Purchaser in writing stating the reason for the delay and offering a re-scheduled delivery date. The Purchaser then has the option to cancel the order or accept the new delivery date.
6.3 The Company will dispatch Goods to the address given to the Company by the Purchaser at the time of the registration of the order. The Company shall not be liable for any loss or liability whatsoever or however arising in any respect if the Purchaser charges the Company to change the delivery address after the Goods have been dispatched by the Company. It is the responsibility of the Purchaser to redeem the Goods at the Purchaser's expense from the address to which the Goods were delivered and to inform the Company that such redemption has been effected.
6.4 Delivery of the Goods shall be deemed to have taken place upon the first point in time of any signature of any delivery note by an agent, employee or representative of the Purchaser or by any independent person and shall be conclusive proof of the delivery of the Goods.
6.5 The Purchaser shall send written notification to the Company within 7 days of the Purchaser receiving written notification from the Company of the shipment of the Goods if the said Goods have not been received by the Purchaser.
6.6 The Purchaser shall send written notification to the Company within 3 days of the Purchaser receiving the Goods if the Goods are received in a damaged condition. The Purchaser will be deemed to have accepted the said damaged Goods and indemnified the Company from any liability whatsoever if the Company has not received written notification from the Purchaser within this notification period.
Returns
7.1 The Company will only accept return of Goods which have been supplied in accordance with a contract upon production of the original invoice along with full written reasons for return, such written reasons and invoice to be received within 7 working days of the Purchaser receiving the said Goods. All returned Goods must be returned unused in the original packaging and in a saleable condition.
7.2 The Company accepts no liability whatsoever for Goods returned to it in any other circumstances and such Goods that are returned will be sent at the Purchaser's risk and expense and the Purchaser shall indemnify the Company in respect of any storage, carriage or any other charges paid or incurred in the return of such Goods.
Cancellation
8.1 The Company shall be entitled to full indemnity for all costs incurred upon the Purchaser cancelling any order which the Company has accepted, invoiced and delivered the Goods within the notified period of time.
Law and Jurisdiction
9.1 The law of England shall apply and the English Courts shall have sole jurisdiction in respect of any claim or dispute in any way arising from the sale of Goods under these terms by the Company to any Purchaser in any part of the world.
9.2 These terms and conditions do not affect the statutory rights of consumers as described in the consumer protection laws including,
* the Sale of Goods Act 1979
* the Supply of Goods and Services Act 1982
* the Consumer Credit Act 1974
* the Trade Descriptions Act 1968
* the Unfair Contract Terms Act 1977 and the 1999 Regulations
* the Consumer Protection Act 1987
* the Data Protection Act 1998
APPROVED
RESELLERS