1.1 “the Company” means P.M.A. –UK whose registered office is at Rookery View, Long Breech, Mawsley, Northamptonshire NN14 1TR.
1.2 “the Customer” means the person, firm or company with whom or with which the Company contracts.
1.3 “the Goods” means the goods (including any instalment of the goods or any parts for them) which the Company is to supply in accordance with these Conditions.
1.4 “the Special Order” means an order of any Goods not listed in the Company’s standard literature/pricelist, copies of which are available on request.
1.5 “the Contract” means an order of Goods by the Customer that is accepted by the Company.
1.6 “the Conditions” means the standard terms and conditions of business set out in this document and includes any special terms and conditions agreed in writing between the Customer and the Company.
1.7 “Sub contractor” Means a self employed, separately? responsible person within a job or project. An individual solely and independently? responsible for their undertaken works and works quoted, their own personal and effects, they are responsible for themselves as a sole trader and is insured as required by law. No direct, contact is authorised due to the risk of conflict of interests. Authority can be given by P.M.A uk, by its owners in writing. This authority must be received in writing 7 days before any work is agreed. This must and can not be the same works undertaken by P.M.A uk. This same non similar works would not ever be or considered to be connected to P.M.A uk and or all agreements. P.M.A will not be and can not ever be responsible for these requested authorised only works.
2.1 The Company shall sell and the Customer shall purchase the goods in accordance with any written quotation of the Company which is accepted by the Customer or any written order of the Customer which is accepted by the Company. The placing by the customer of any order, written or oral, whether or not any quotation may have been submitted shall constitute an offer by the Customer. The Contract shall have not to be taken to have come in to existence unless and until the Company shall have accepted the Customer’s order in writing. Acceptance by the Customer shall be deemed to include acceptance of these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by or on behalf of the Customer.
2.2 No variation to these Conditions shall be binding unless agreed in writing between the Company and the Customer.
2.3 Quotations are valid for 30 days after such quotations are supplied to the Customer.
2.4 The Company reserves the right to withdraw a product line or amend specifications without any liability on the part of the Company.
2.5 The Company reserves the right to amend the prices listed within its published price book/catalogue/website without any liability on the part of the Company.
2.6 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document of information issued by the Company shall be subject to correction without the liability on the part of the Company.
2.7 All specifications given by the Company to the Customer are approximate and intended as a guide only. The Company does not accept responsibility for any preparation work based on such specifications.
2.8 Any advice or recommendation given by the Company or its employees or agents to the Customer or it’s employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company is followed or acted upon entirely at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
2.9 The Customer shall be deemed to have expressly represented and warranted immediately prior to the Contract being made that the Customer is not insolvent and has not committed or been subject to any act of insolvency and the Company would not have entered into the contract but for this representation and warranty.
3.1 Where no account has been agreed with the Customer, any balance owing to the Company is due in accordance with the Company’s Payment Schedule. The last payment is due on the actual day of completion of the works.
3.2 Where an account has been agreed, the Company in its absolute discretion many set and alter the Customer’s credit limit and the Company reserves the right not to deliver the Goods if the price thereof increases the amount owed by the Customer to the Company beyond the Customer’s credit limit.
3.3 Unless otherwise agreed in writing by a director of the Company, Trade accounts are due for payment on the last day of the trading month following delivery.
3.4 If the Customer fails to make payment on the due date, then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
3.4.1 Cancel the Contract or cease work undertaken and suspend any further deliveries to the Customer;
3.4.2 “Contractor’s or “self employed workers” who have supplied works or any materials of any kind, are only paid by bank transfer or cheque. This payment will be a minimum of 7 days after the works is completed and within 28 days of our clients satisfaction of the works. No contractor or self employed worker is permitted to contacting, supplying or under taking works under the P.M.A name, indicator or reference. This would be a direct misuse or misdirection to our clients and is not permitted at any level. We also do not permit to any condition or representation or pursue of misinterpretation, we cannot be responsible for any act of others or direction of others for any suggestion or indication of any kind. Any of these lesser conducts will not be accepted at any level. we have the protection of our clients at the fore front of our intentions. Any such action will be directly dealt with and passed on to the necessary authorities without hesitation.
3.4.3 Charge the customer interest (both before and after any judgements) on the amount unpaid, at the rate of 4% per annum above Bank of England base rate from time to time until payment in full is made (a part of month being treated as a full month for the purpose of calculating interest).
3.5 If the Customer commits or becomes subject to any act of insolvency or if the Company in its absolute discretion considers the Customer’s credit status to be unsatisfactory, then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without and further liability to the Customer and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.
4. Property and Risk
4.1 Risk of damage to or loss of the Goods shall pass to the Customer:
4.1.1 in the case of goods to be delivered at the Company’s premises, at the time when the Company notifies the Customer that the Goods are available for collection; or
4.1.2 in the case of Goods to be delivered otherwise than at the Company’s premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
4.2 The property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be supplied by the Company to the Customer for which payment is then due.
4.3 Until such time as the property in the Goods passes to the Customer the Customer shall hold the goods as the Company’s fiduciary agent, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Company’s property. Until that time the Customer shall be entitled to resell or use the Goods in the ordinary course of it’s business, but shall account to the Company for the proceeds of sale or otherwise of the Goods, tangible or intangible, including insurance proceeds, and shall keep such proceeds separate from any monies or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
4.4 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so forthwith, the Company and its servants and agents are hereby irrevocably authorised without the need for consent of any third party to enter upon the premises of the Customer or any third party where the Goods are stored and repossess the Goods.
4.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all the monies owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
5.1 Any dates quoted for delivery for all or any of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be the essence unless previously agreed by the Company in writing.
5.2 The Company may deliver the Goods in instalments, and each delivery shall constitute a separate Contract and failure by the Company to deliver any one or more of the instalments in accordance with these conditions shall not entitle the Customer to treat the Contract as a whole repudiated.
5.3 Notification of short delivery (part missing) or damage in transit must be made in writing to the Company within three days of the receipt of the Goods.
5.4 The Company shall not be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of the Company.
6.1 The Installation Service is covered by a 1 year guarantee commencing on the date of completion of the Service. In the event of faulty workmanship within 2 years of the date of installation, the Company will arrange to correct the problem free of charge. The guarantee applies only to the Installation Service provided by the Company and not to faults or defects with units, appliances, or other equipment not supplied by the Company.
Any claim in respect of faulty installation expressly excludes joints or connections. Any claim in respect of either joints or connections must be made within 3 months of completions of all works.
6.2 All laminate worktops fitted by the Company are guaranteed by the manufacturer not the Company. Laminate joints will only be guaranteed for 3 months from the date the work undertaken by the Company is signed off by the Customer.
6.3 Customers are advised that laminate joints are not waterproof and the Company can therefore not accept any liability in respect of any claim concerning laminate joints after the 3 month warranty period has expired.
6.4 The Company are not responsible at any point for the fitting or refitting of any items or materials which the Company have not supplied to the Customer and items which are not included in the materials charged to the Customer by the Company.
6.5 In the very unlikely event that you should find goods to be defective on delivery, in respect of materials or workmanship only, the Customer must notify the Company in writing within 3 days of receipt. The Company will investigate and examine the goods and address the problem at their discretion.
6.6 The Company reserve the right to charge for the expense of a service call when no
fault has been found with the product after they have inspected it.
6.7 The Company will not be liable for any goods which have been repaired or altered in any way.
7.1 Cancellation of the Customer’s order will not be accepted by the Company following delivery of the Goods.
7.2 The Company will not accept cancellation of any Special Orders.
7.3 In the event that any orders of Goods are cancelled prior to delivery, the Company will administer a restocking charge of 6% of the invoice price of the cancelled Goods.
8. Legal Construction
8.1 If any provisions of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected.
8.2 This Contract shall be construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.
9. The company, is responsible to provide copies and proof where legally requirement applies to the customer for works undertaken as part of the contractual agreement, this information will only be available upon receipt of the information from any required third party or registered governing body, delays are not the companies responsibility and can therefore not be a provision of any contract or agreement. The proofs and certification will be chased by the company and stored when possible for later verification should this be necessary. This can be outstanding after the contract has been delivered and completed, these documents will never be or cannot be terms of any final payment.
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