1. Definitions
1.1 The "Buyer" means the Company or person who buys or agrees to buy Goods from the Seller.
1.2 The "Seller" means Premier (C&D) Ltd.
1.3 "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.

2. Conditions
2.1 These "Terms and Conditions" do not affect your statutory rights as a consumer. 
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer. 
2.3 If any amendments to this terms and conditions are required it is preferable that they be confirmed in writing.
2.4 Acceptance of delivery of Goods or Services shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

3.  Prices
3.1 The Price shall be that as advised on the Seller’s Quotation.
3.2 Should a product's price change between submission of quotation and receipt of order the buyer will be notified and given the opportunity to cancel.
3.3 All Prices are exclusive of VAT and charges.

 

4.1 In the case of all sales, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice.
4.2 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable


5. Warranty and Liability
5.1 The Seller warrants that the Goods or Services will at the time of delivery correspond to the description given by the Seller.           

5.2 While every effort is made to ensure that the product specifications as laid down in the quotation are accurate it may be necessary, due to unforeseen circumstances to carry out adjustments on the customer site as is required. The Seller will endeavour to contact and agree any changes with the Buyers prior to any changes being made. However if the changes required for successful completion of the service are minimal these will be carried out as deemed necessary and the Buyer advised as soon as possible.

6.  Delivery
6.1 Products and Services will be supplied on the agreed dates. 
6.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given the option to agree a new delivery date or cancel.
6.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any agreed delivery date.
6.4 Delivery of the Goods and Services shall be made to the address advised by the Buyer and the Buyer shall make all arrangements necessary to take delivery of the Goods and Services whenever they are tendered for delivery.

7.  Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods and Services immediately upon completion and shall notify the Seller within a reasonable time of delivery if the Goods or Services are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
7.4 Any Goods or Services in respect of which any claim of defect or damage is made evidence shall be preserved by the Buyer until a resolution has been agreed.

8. Cancellation
8.1 If an order for goods or services is cancelled then the following will apply :-
a) At least 7 working days notice is required for cancellation of services without incurring any penalties.
b) Cancellations of less than 7 working days will incur full costs as accrued by the Seller with respect to labour. If however the Seller can redirect the labour to other equally viable projects then these costs may be wavered.
c) In the event of the Seller having to purchase any materials to carry out the work as required by the Buyer then this materials cost will be passed on directly to the Buyer on cancellation of the order. The material will then become the direct property of the Buyer and will be handed over on cancellation of the order.

9.  Force Majeure
In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.

10.  No Waiver
10.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

11.  Liability
11.1 Except as may be implied by law where the Buyer is dealing as a third party provider, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.

12. Complaints
12.1 If you have a complaint about our service or any goods or services you purchase from Premier (C&D) Ltd then please contact us immediately.  You will be contacted as soon as possible of our hearing from you and aim to provide a resolution within 5 working days.
12.2 All complaints will be dealt with in a fair and confidential manner.

13. Misc
13.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.