Terms and conditions

  1. GENERAL
    1. “Seller” means Philip Eaton Limited. “Buyer” means the person, firm or company contracting with the Seller whether directly or through an Agent except where the contract otherwise requires. “Goods” mean the articles or things or any of them described in the order. “Order” means the order placed by the buyer for the supply of goods.
    2. These conditions cannot be varied unless variation is agreed in writing and signed by a Director of the Seller.
  2. DELIVERY
    1. Time for delivery is given as accurately as possible but is not guaranteed. The Buyer shall have no right to damages or to cancel the order for failure, for any cause, to meet any delivery time stated. In the event that the Buyer requires a guaranteed delivery date, such date must be negotiated with the Seller and expressly agreed in writing by a Director of the Seller as being so guaranteed.
    2. The Seller will endeavour to comply with reasonable requests by the Customer for postponement of delivery but shall be under no obligation to do so. Where postponement is agreed by the Seller in writing the Buyer shall pay all costs and expenses including a reasonable charge for storage occasioned thereby.
    3. Unless otherwise expressly provided the point of delivery shall be reached when the Goods are delivered to the Buyers premises, or to the premises of a consignee named by the Buyer or are collected by the buyer or by a carrier paid by the Buyer whichever takes place first.
    4. The Seller shall not be liable for any losses, claims or damages arising from any negligent act, omission, misdirection or misstatement made by the Seller, Buyer or courier during the course of delivery or unloading of the goods.
    5. The Seller shall not be liable for any losses, claims or damages arising from any negligent act, omission, misdirection or misstatement made by the Seller, Buyer or courier during the course of delivery or unloading of the goods.
  3. PROPERTY
    1. The property in the goods shall pass to the Buyer when:
      1. The goods and
      2. All other Goods the subject of any contract between the Buyer and the Seller which at the time of payment of the full price of the Goods have been delivered to the Buyer but not paid in full have been paid in full.
    2. Subject to condition 4. The risk in the Goods shall pass to the Buyer when the point of delivery is reached. The Property in the goods shall remain with the Seller in accordance with this condition and the Seller shall be entitled to re-delivery of the Goods in accordance with the paragraph (c) of this condition notwithstanding the subjection of the Goods to any process, addition, admixture or treatment whether by way of manufacture or otherwise and whether by the Buyer or others.
    3. The Seller shall (without prejudice to their other rights hereunder) be entitled at any time after the due date for payment set out in condition 7 or before such due date in the event that serious doubt arises as to the Buyer’s solvency in its absolute discretion to give notice in writing to the Buyer to pay within seven days the full price of such Goods as then have already been delivered to the Buyer under this contract or any other contract between the Buyer and the Seller and if on expiration of that period between the Buyer has failed to pay the whole of the price outstanding, the Seller shall be entitled to immediate re-delivery of such Goods having been delivered to the Buyer under this or any other contract (but excluding Goods the title in which has already passed to the Buyer) and shall also be entitled to such immediate re-delivery upon the earlier appointment of a Receiver of the whole or any part of the Buyer’s undertakings or passing of a resolution of the making of an Order to wind up the Buyer, for which purpose the Seller shall be entitled and the Buyer hereby grants to the Seller a licence to enter upon any premises of the Buyer during normal business hours for the purpose of removing such goods and to remove such Goods from the Buyers premises.
  4. RESPONSIBILITY
    1. In cases where the point of delivery is when the Goods are delivered to the Buyer’s premises or to the premises of a consignee named by the Buyer no responsibility will be accepted by the Seller for any loss or damage occurring in transit unless the Buyer:
      1. In case of damage notifies the carrier and the Seller in writing of any loss or damage within three days of the delivery date.
      2. In cases where the point of delivery is when the goods are collected by the Buyer or by a carrier paid by the Buyer the goods shall be at the sole risk of the Buyer during transit.
  5. LIABILITY
    1. are not tested or sold as fit for any purpose unless specifically agreed by the Company in writing.
    2. The Customer agrees that apart from the express terms contained herein or in the quotation or in any document expressly stipulated therein to form part of the contract and to be outside the provisions of this clause no statement or representation has been made to the Customer warrants that he understood it to be a statement of opinion only and did not rely on it.
    3. No liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods of goods or materials or parts thereof supplied by us.
  6. DATA
    1. Illustrations, weights and measurements set out in the sales literature of the Company are statements of opinion and are approved for information only and form no part of the contract.
  7. TERMS OF PAYMENT
    1. Unless otherwise stated by the Company and subject as hereinafter provided all accounts shall be net accounts and payable by the Customer on placement of order. Any extension of credit that the Company is prepared to permit on such account to the Customer shall be at the Company’s sole discretion and in the event that a credit limit is agreed or permitted by the Company, such limit may be varied or withdrawn by the Company at any time.
    2. No disputes arising under the contract nor delays beyond the reasonable control of the Company shall interfere with prompt payment by the Customer
    3. The Company reserves the right to charge interest on overdue accounts at 3% above the Base Rate of Nat West Bank
  8. RETURN OF GOODS
    1. Goods will not normally be accepted for return after fourteen days from date of delivery. Prior notification must be made if all Goods are to be returned.
    2. Goods returned must be in original packaging and in saleable condition. They will be subject to our inspection on return.
    3. All goods returned will be subject to a handling charge of 20% and reimbursement of any carriage charges incurred by the Seller.
  9. FORCE MAJEURE
    1. The Company shall be under no liability for any delays, loss or damage caused wholly or in part by Act of God by any act done or not done pursuant to a trade dispute, whether such dispute involves the Company’s servants or not or any other cause beyond reasonable control of the Company
  10. The contract shall be subject to the law of England.
  11. Any notice or statement of account given by the Seller to the Buyer shall be duly given if left at or sent by registered or recorded delivery to the last known address of the Buyer and such notice or account shall if posted be deemed to have been given two weekdays after posting.