Terms and Conditions
- Buyer: the person who buys or agrees to buy the goods or services from the Seller.
- Conditions: the terms and conditions of sale as set out herein and any special terms and conditions agreed in writing by the Seller.
- Goods: the articles or services which the Buyer agrees to buy from the Seller.
- Price: the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
- Seller: means Presco UK Ltd or its associated companies
- These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
- All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
- Placing an order with the Seller or receiving delivery of Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
- The Seller reserves the right to refuse or not to fulfil any order for any reason and at any time and without giving any reason to the Buyer
- These Conditions may not be varied except by the written agreement of a director of the Seller.
- These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
- Should any Condition herein be found to be invalid that shall not invalidate any other conditions of the contract.
- The Price for any Goods shall be the Seller’s price as published on their website or as specifically quoted in writing to the Buyer. All prices are exclusive of VAT and carriage may be chargeable extra. Errors and omissions in pricing are excepted.
4. Payment and Interest
- Payment must be made with order except when credit facilities have been approved.
- Invoices in respect of goods supplied to a Buyer with approved credit facilities are payable by the 28th day of the month following the month of invoice. The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
- Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
5. Goods and Call Off Orders
- We may at times supply equipment or products with variations from the detail in our product descriptions due to circumstances beyond our control or other reasons.
Call off purchase orders received from Buyers are to be taken in full within 12 months from date of order. Any outstanding material from a call off order will automatically be sent and invoiced to the Seller 12 months from point of order.
- Where machines are returned under warranty, they will be repaired or replaced in accordance with the manufacturer’s conditions. Presco shall exercise its sole discretion in deciding whether to repair or replace the item returned under Warranty. Warranty does not include routine service work or repairs necessitated by misuse or unreasonable use.
7. Delivery of the Goods
- The Buyer shall make all arrangements necessary to take delivery of the Goods including unloading facilities for heavy goods
- The Seller undertakes to use its reasonable endeavours to despatch the Goods for an agreed delivery date but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
- If short delivery does take place the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
- If the Buyer fails to take delivery of the Goods for any reason then the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing and any other costs incurred.
- Risk shall pass to the Buyer on delivery of the goods
8. Acceptance of the Goods
- The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 3 working days of delivery of the Goods of any shortages or defects which a reasonable examination would have revealed.
9. Retention of Title
- Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them and any other monies due to the Seller from the Buyer (including interest and costs) has been paid in full.
- The Buyer shall not resell any goods supplied by the Seller until title has passed to the Buyer in accord with clause 8.1
- The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer
- The Seller shall not be liable to the Buyer or any other party for any loss or damage whether arising directly or indirectly from late delivery or short delivery or other problem with the goods or services.
11. Return of Goods and Credit Notes
- All goods are non-returnable other than for defects in manufacturing. All claims in respect of faulty goods must be made in accordance with clause 8.
- The Seller may grant a discretionary acceptance of goods being returned but they will not be accepted without prior authorisation. The decision of the Seller in this regard to rights of return is absolute and final.
- A minimum of a 15% handling fee will be charged on all goods returned. Any goods must be returned as supplied, un-used and in full original packaging.
- Where the Buyer holds a credit account facility with Presco a Credit Note may be issued for the value of the goods being returned. This may also be issued in certain circumstances where the Buyer does not hold a credit account facility with Presco in place of a refund to original payment method. Any such Credit Note issued shall remain valid for a period of 12 months from date of issue, after which point it will expire unless it has been previously used against other invoices from Presco and notified by remittance within the 12 months following issue.
12. Debit and Credit Balances with Seller
- Where Debit balances are accrued by any Buyer with the Seller under agreement by the provision of a credit account facility, or by other formal or informal agreement with the Seller, these are due for full repayment no later than 30 days following the end of the month in which the invoice was issued relating to the debit balance.
- Debit balances extending beyond this term are regarded as Overdue and all steps will be taken to recover monies owed to the Seller including legal provisions and recovery.
- Debit balances are notified to any Buyer monthly by statement to the provided email address. Where amounts are Overdue all reasonable attempts to contact the Buyer will be made, including telephone calls, email and postal communications.
- Where any Buyer has accrued a Credit balance with the Seller for any reason this amount will be held for the Buyer on account until a refund to original payment is made or requested, for a period of up to 12 months. Credit balance amounts older than 12 months will be moved to a holding account and available upon request and establishment of all details for a period of up to 72 months.
- Any forbearance, indulgence or relaxation on the part of the Seller shown or granted to the Buyer on any particular occasion shall apply on that occasion only and shall not otherwise affect, diminish, restrict or prejudice the rights or powers of Presco under the Contract or operate as or be deemed to be a waiver of any breach by the Buyer of the terms and conditions of the Contract.
14. Website and Intellectual Property
- By using our website you accept these terms and conditions in full. If you disagree with any part of these terms and conditions do not use our website.
- You may view and print pages from the website for your own personal use subject to the restrictions below.
- Presco hereby states its ownership of all Intellectual Property Rights including, but not limited to, branding, databases, images and content of this website and all other marketing material produced whether or not the right is registered.
- To copy, download, reproduce or duplicate any material, photographs, video, text, other data or styling of this website or other marketing material for any commercial purpose is expressly prohibited. Presco UK Ltd will not hesitate in taking legal action if its rights are infringed.
- The information on this website is provided free-of-charge, and by using this website you acknowledge that it would be unreasonable to hold us liable in respect of any information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
15. Applicable Law
- The contract (and any proceedings whereby one party might be entitled to join the other third party) shall in all respects be governed by and constructed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.