Terms of Use

PAINT TEST EQUIPMENT CONDITIONS OF SALE

Paint Test Equipment, 3&4 The Courtyard, Greenfield Farm Estate, Congleton, Cheshire, CW12 4TR, England.

1. DEFINITIONS: In these conditions the expression “the Seller” means Paint Test Equipment; the expression “the Buyer” means the person, firm or company with whom the Contract is made by the seller, whether directly or indirectly through a distributor or agent or factor who is acting for or instructed by such person, firm or company; and the expression “the Goods” means the items or articles specified
overleaf.

2. GENERAL: (1). The Conditions set out below shall apply to all quotations or orders for or sales of the Goods. Notwithstanding any prior agreements, arrangements or discussions between the Seller and the Buyer, no binding contract shall be or be deemed to be concluded between the Seller and the Buyer for the Goods unless and until a written order for the goods has been given to the Seller and the Seller has accepted such an order in writing.
(2). The Seller’s written acceptance of the Buyer’s order shall fully state the specification of the goods and all the other material, terms for the sale thereof and shall alone constitute the Contract between the Buyer and the Seller. No other terms, conditions, warranties or exceptions whatsoever, whether express
or implied by statute or otherwise, shall form any part of that contract, and no variation or modification, or the Contract shall be binding on the Seller unless expressed in writing and signed by a duly authorised servant or agent of the Seller. Quotations shall be deemed to have lapsed unless accepted in writing
within 28 days.

3. PRICE: (1). The price stated overleaf is the ex works price of the goods and unless otherwise agreed does not include costs of carriage, transport, insurance or delivery, which will be charged for separately. In addition, the Buyer will pay to the Seller the amount of all additional costs incurred by the Seller as a result of any special requirements of, or instructions received from, the Buyer, or of the
requirements of any Statute or Government or other Authority.
(2). The price payable for Goods shall, unless otherwise stated by the Seller in writing and agreed on its behalf, be the list price of the Seller current at the date of dispatch.
(2a). For currency conversions using the website shopping cart, there may be a small difference between cart conversion and Paypal conversion rates. The Paypal conversion rate takes precedence.
(3). The price stated overleaf does not include installation costs. Where it is expressly agreed that the Seller shall effect installation, the Seller shall install the goods so that they shall be in satisfactory working order and shall notify the Buyer when this is so. Any tests or demonstrations shall be arranged with the
Seller. Installation shall be at the Buyer’s risk.

4. DELIVERY: (1). Delivery of the Goods shall be effected when the Goods are received by the Buyer.
Delivery shall be at the entrance to the Buyer’s premises or as specified in the Sellers written acceptance of order, and the Buyer shall be responsible for off-loading the goods.
(2). All times or dates for delivery are given in good faith but without any responsibility on the part of the Seller. The Seller shall incur no liability for failure to delivery on the date quoted and delay in delivery shall not give the Buyer the right to cancel an order. Claims for non-delivery shall be made within 21
days.
(3). If delivery of the Goods shall be delayed or shall become impossible owing to any circumstances beyond the Seller’s absolute control, the Contract shall at the option of the Seller be cancelled or the time for delivery postponed for such time as the Seller deems reasonable having regard to the circumstances giving rise to the delay. In addition, the Seller will not be responsible for any loss or damage to the goods occurring as a result of any circumstances beyond the Seller’s absolute control.
(4). The Buyer is responsible for all damage or loss occurring to the Goods whilst in transit, but all Goods will automatically be insured during transit by the Seller at the cost of the Buyer. Written notification of any damage occurring to the Goods in transit must be given to the Seller within 3 days of delivery.

5. RISK AND RETENTION OF TITLE: (1). The Goods shall be at the Buyer’s sole risk as soon as they have been dispatched from the premises of the Seller.
(2). It is hereby agreed and declared that until full payment has been received from the Buyer for the Goods, the subject of this Contract and any other Contract for the time being outstanding between the Seller and the Buyer:
(i) The Goods shall remain the property of the Seller.
(ii) The Buyer shall store and label the Goods in such a manner that they shall at all times remain separate from the other Goods in the Buyer’s possession and identifiable as the Seller’s Goods.
(iii) In the event of non-payment, the Seller, its servants or agents, shall be entitled to repossess the Goods and to enter upon the land or buildings of the Buyer for the purpose of such repossession unless they have already been re-sold, in which case the Seller shall be entitled to the proceeds of re-sale in the
hands of the Buyer or any liquidator or trustee in Bankruptcy of the Buyer.
(iv) If the Buyer has not received a payment for a re-sale under (iii) above, the Buyer shall, on notice in writing by the Seller, assign to the Seller all its rights against its customer in respect of that re-sale.

6. PAYMENT: (1). Payments for the Goods shall be made in net cash within 30 days of the Seller dispatching the Goods unless special terms are otherwise agreed in writing at the time of the order.
(2). Should the Buyer fail to make payment of any sum of money due to the Seller for, or in relation to, the Goods on the due date for payment of, the same Seller shall be entitled to charge interest thereon at the rate of eight per cent for the time being in force on the amount so outstanding and any collection recovery charge and to recover such interest and charges from the Buyer.

7. INSOLVENCY ETC: If before all payment for or in relation to the Goods arising under this Contract shall have been made to the Seller, the Buyer shall commit any breach of this Contract of any distress or execution shall be levied upon them their property or assets, or if the Buyer shall make or offer any arrangements or composition with creditors or shall commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against them or if (where the Buyer is a company) any resolution or petition of wind up the Buyer shall be passed or presented (otherwise than for the bona fide reconstruction of the Buyer or for the amalgamation of the Buyer with any other company) or if a receiver of the Buyer’s undertaking, property or assets of any part thereof shall be
appointed, then and in any such event, the Seller shall, without prejudice to any other rights and remedies it may have, be entitled to the unpaid purchase price of the goods delivered and to damages for any loss suffered in consequence thereof and to any interest outstanding.

8. CANCELLATION BY BUYER: No cancellation, suspension or variation of the Contract by the Buyer shall be valid, unless agreed by the Seller in writing: agreement to be given only on payment of all costs and expenses incurred by the Seller in the execution of the Contract, up to the date of cancellation.

9. GUARANTEE: (1). The following guarantee is given in respect of the Goods supplied by the Seller hereunder: The Seller will make good by repair, or at the Seller’s option by replacement, all defective parts proved to be due to faulty material and or workmanship AND PROVIDED THAT:
(i) Such defects occur within twelve months of delivery of the Goods; and
(ii) Full particulars in writing of any defect is given to the Seller within one week of the discovery of such defect; and
(iii) Adequate time shall be given to the Seller to make such repair or replacement.
(iv) All proprietary items and electrical components which are purchased by the Seller are only guaranteed for the period of guarantee given to the Seller by the manufacturer thereof.
(2). The Buyer shall at its own expense deliver every such defective part to the Sellers works and the Seller will deliver the repaired or substituted part at its own expense to the Buyer.
(3). In the case of a replaced article, the defective article shall then become the property of the Seller free of charge.
(4). This guarantee shall not apply to any defects arising from mis-use of the goods, and in particular to:
(i) Defects arising from the Buyer’s incorrect operation or faulty maintenance or from modifications, repairs, or alterations to the goods carried out without the Sellers previous approval in writing; and
(ii) Fair wear and tear of the goods.
(5). No other or further liability for the goods shall be accepted by the Seller and the Seller shall not be responsible for any losses or consequential damage sustained by the Buyer in any way out of this contract.

10. EXCLUSION OF LIABILITY: (1). Except as expressly provided herein the Seller shall be under no liability of whatsoever kind, howsoever caused, whether or not due to the negligence or wilful default of the Seller or its servants or agents arising out of or in connection with the supply of the Goods and shall under no circumstances be liable for any consequential loss or damage sustained by the Buyer in any way arising out of this Contract and all conditions, warranties or other terms, whether expressed or implied, statutory or otherwise, are hereby expressly excluded provided that nothing in this Condition shall exclude or restrict any liability of the Seller for death or personal injury resulting from the negligence
of the Seller or its servants or agents in so far as the same is prohibited by United Kingdom Statute.

11. GOVERNING LAW: This contract shall in all respects be governed by English Law and the Buyer hereby submits to the non-exclusive jurisdiction of the English Courts.