Terms and Conditions
1. Contracts
i. Contracts are made and orders are accepted only upon and subject to these Conditions of Sale. All other conditions are hereby excluded unless expressly accepted in writing by PBS Business Solutions Ltd. (Hereinafter called the Seller).
ii. In entering into this contract the Buyer hereby acknowledges that the contract has not been induced by any representation orally or in writing made by the Seller, its servants or agents.
2. The prices quoted are those current at the date of quotation and shall be subject to variation to allow for any increases in costs coming into effect between the date of the quotation estimate or tender and the date of delivery or completion of the Contract without notice unless specifically stated otherwise on the quotation.
3. Firm price quotations are valid for a period of one month only from the date of quotation. Thereafter the Seller may at its absolute discretion accept or reject any order placed by the Buyer.
4. All conditions, warranties, terms and obligations whether expressed or implied by statute common law custom or otherwise (including without prejudice to the generality of the foregoing exclusion of any warranty or condition to merchantable quality or fitness for any particular purpose) are hereby wholly excluded.
5. Returns - We are under no obligation to accept the return of goods supplied and credit the Buyer accordingly except in the following circumstances.
i. Goods returned as being damaged in transit.
ii. Goods returned following a request to us following a complaint of quality of goods and returned in original unmarked packaging.
iii. Goods that are not stocked in the local warehouses in the Channel Islands and returned as not required will be subjected to a 15% handling charge and must be returned within 24 hours of receipt in the original unmarked packaging and a resalable condition.
In all circumstances, our prior agreement must be received before the return of goods. In no circumstances will we accept returns on perishable goods or non-catalogue items ordered through as specials.
6. No claim for damage in transit, for shortage in delivery or for loss of goods will be entertained unless
i. in case of damage, a separate notice in writing is given to the carriers and to the Seller within three days of receipt of the goods followed within 14 days of the date of advice or dispatch by a complete claim in writing or:
ii. in case of loss of goods, a separate notice in writing and claim is given to the Seller and Carriers within 14 days of the Seller's advice of dispatch to the Buyer. In all cases, a signature unexamined shall be deemed to be an unconditional acceptance of the goods.
7. The Seller shall not be liable in the event of non-fulfilment of a contract owing to Act of God, war, disease, strike, lock-outs, fire or any accident or incident of any nature whatever beyond the control of the Seller.
8. Any contract or part thereof for which the Buyer has not given to the Seller clear and unambiguous instructions for delivery within a period of six weeks after acceptance of the order shall (at the option of the Seller) be invoiced and the amount becomes payable by the Buyer forthwith or cancelled. Unless such order shall be invoiced within seven months from acceptance of the order it shall be deemed to be cancelled.
9. Unless otherwise specifically provided the price for the Goods shall be paid by the Buyer on or before the 30th day following the date on which the goods are invoiced. From and after that date the Seller shall be entitled to charge and recover interest from the Buyer on the price of the goods calculated at the rate of 3% above Bank base rate per annum from the date upon which payment is due until the date of payment.
10. Ownership of the goods. The subject of this contract shall not pass to the Buyer until they are fully paid for but the risk in the goods shall be borne by the Buyer from the date of delivery by the Seller or its carriers to the Buyer.
i. In the event that the price for the goods is not paid by the Buyer by the due date, the Seller shall at its absolute discretion be at liberty either to recover the goods or maintain an action for the price of the goods.
iii. For all purposes the Buyer hereby grants to the Seller an irrevocable lien on the goods until the price is paid and permits the Seller access to recover the goods, wheresoever they are situated.
iv. Without prejudice to the foregoing the Seller may maintain an action against the Buyer for any loss and damage suffered in consequence of the Buyer's failure to complete the contract or pay the price for the goods.
11. Time shall not be of the essence of this contract insofar as it concerns the delivery of the goods. The Seller shall not be liable for any loss or damage howsoever arising from the failure to deliver by any date specified either by the contract or by a collateral agreement, representation or arrangement made by the Seller or its servants or agents, whether oral or in writing.
12. Where the goods are offered for delivery to the site, the Sellers obligation is to deliver as near to the site as a safe hard road permits. The customer is to provide, free of charge, the labour for unloading and stacking.
13. Minimum orders -All deliveries made must have a minimum invoice value of £10 otherwise a delivery charge will be made.
14. Credit - Goods delivered in accordance with customers orders and subsequently returned for credit will be subject to a handling charge of a minimum of £5 or 15%.
15. Approval - We regret no goods can be supplied on approval.
16. Collection - Goods may be collected from our Warehouses at 11 La Rue Le Gros, Rue des Pres Trading Estate, St Saviour, Jersey. JE2 7QP or Unit 10, Route de la Garenne, Pritronnerie Road, St Peter Port, Guernsey. GY1 2RN
provided a telephone order is received in advance. There is no minimum order value for collections. To avoid delays, please give us as much notice as possible.
17. Out of stock items - All outstanding items will be booked unless otherwise requested.
18. Cancellation - Must be received in writing prior to dispatch.
19. The Seller reserves the right to substitute specified goods with similar products of equal quality at any time without notice.
20. The Seller withholds the right to suspend further deliveries if it is judged that payment is overdue.
21. These terms of business will be deemed as accepted upon placement of first order with the PBS Business Solutions LTD.