TERMS AND CONDITIONS OF SALE OF “PCX”
The following terms and conditions (“the Conditions”) are the terms on which “PCX” sells products and supersedes all other terms and conditions relating to the subject matter of these Conditions
1.1 Contract means any agreement between “PCX” and the Buyer for the supply of Goods, which expressly or by implication incorporates these Terms and Conditions.
1.2 Delivery Address means the address as the point of delivery as notified by the Buyer to “PCX”.
1.3 Buyer means any person who acts on behalf or places an order with “PCX”.
1.4 Delivery Date means the delivery date as notified by “PCX” to the Buyer.
1.5 Goods means any goods of a type described on this website.
1.6 Order means an order received by “PCX” from the Buyer for the supply of goods.
1.7 Invoice means the Invoice raised by “PCX” and issued to the Buyer.
1.8 Price means the price for the goods as stated in the Invoice, excluding VAT.
1.9 Seller means “PCX”.
1.91 DOA means “Dead on Arrival” and refers to product supplied which is discovered to be faulty within 48 Hours from the date of purchase.
2. Applicable Conditions
2.1 If the Buyer places an order with “PCX” then the Buyer will comply with the conditions here stated and no variation to this will be accepted unless agreed in writing by “PCX”.
3. Price & Payment
3.1 Prices will be ex works, delivery charges will be shown as a separate item on the Invoice.
3.2 Value Added Tax will be charged at the rate appropriate at the date of the Invoice.
3.3 Payment of the full Invoice value must be made online at time of order. Any error
discovered on the invoice must be notified to “PCX” in writing within 3 working days from the date of the invoice stating the reason for dispute. Interest on the overdue balance of any Invoice shall accrue on a daily basis from the date when payment becomes due at a rate of 6% per annum above RBS base rate and shall accrue at such a rate after as well as before any judgement.
3.4 “PCX” shall be entitled to charge Twenty Five Pounds for all cheques returned or dishonoured by its bank and/or any other fee’s incurred through payment methods.
3.5 The Buyer must not withhold payment for any reason even if they are in dispute with the Seller.
4.1 Delivery will be effected at the Delivery Address Only.
4.2 The delivery date is approximate only and does not have any contractual effect. While “PCX” will use all reasonable endeavours to meet the Delivery Date it will not be liable for any loss or damage incurred by the buyer as a result of any failure to deliver on such particular date.
4.3 The Buyer shall inspect the Goods on delivery and shall within 48 hours notify “PCX” of any alleged shortage in quantity, damage or failure to comply with description. If the Buyer fails to notify “PCX” within such time the Goods shall be conclusively presumed to be in accordance with the Contract.
5. Title and risk
5.1. The Goods shall be at the risk of the Buyer following delivery
5.2. Not withstanding delivery title in the Goods shall not pass to the Buyer, until the Buyer has made payment of all monies owing to the Seller.
5.3. Until such time as title in the Goods passes to the Buyer the Seller shall have the right to repossess or otherwise recover the Goods.
6. Warranties and RMA procedure
6.1 Warranties are available in accordance with the relevant manufacturer and may vary dependant on product.
6.2 “PCX”’s RMA procedure is designed to assist the Buyer to return faulty product.
6.3 The RMA number will be issued by “PCX” which then authorises the Buyer to return the products within 5 days.
6.4 All cartons must be clearly identified with the RMA number on the outside of the carton. Failure to comply may result in the RMA being refused at the Logistics Centre.
6.5 Product should be returned in its original packaging with all items intact. Failure to comply may result in “PCX” issuing a partial credit for an amount determined by “PCX” at their discretion.
6.6 Products returned will be checked and tested and if found faulty will either be replaced or credited and reinvoiced. This course of action will be determined by “PCX” and will be at their discretion.
6.7 The cost of the freight associated with the return of RMA’s to “PCX” is the responsibility of the Buyer and is at their risk
6.8 The cost of the freight associated with the replacement of RMA’s to “PCX”’s Buyers is the responsibility of the Seller and is at their risk.
6.9 “PCX” will endeavor to conclude the RMA either through replacement or Credit and re-invoice within 5 working days from receipt of goods.
7. Limitation of Liability
7.1. Save in respect of personal injury or death due to the negligence of the Seller the Seller shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods
7.2. Without prejudice to Condition 7.1 the Seller shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this Agreement.
7.3. Save in respect of personal injury or death due to the negligence of the Seller the liability of the Seller under these Conditions shall not exceed the Price.
7.4 The guarantee given by Condition 6 shall not be valid if the Goods are damaged in consequence of any act or neglect of the Buyer and in particular of any mishandling or careless installation.
8. Force Majeure
8.1 The Seller shall not be liable for any default due to any circumstance beyond the reasonable control of the Seller including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire flood, earthquake or shortage of supply or failure to deliver of the suppliers of the Supplier.
9. Life Endangering Applications
9.1 Goods are designed for standard commercial use and are not intended to be installed or used in hazardous or life threatening environments or for potentially life endangering applications, including but not limited to environments or applications involving safety critical systems in the nuclear industry, the control of aircraft in the air or medical or life threatening applications. The Buyer agrees to indemnify and hold “PCX” harmless from and against all liabilities and related costs arising out of the use of any of the Goods for any of these purposes.
10.1. If any term or provision of these Conditions is held invalid illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid illegal or unenforceable provision eliminated
10.2 The Seller may without the consent of the Buyer sublicense its rights or obligations or any part of these conditions.
10.3 The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions
11. Governing Law And Jurisdiction
11.1 The laws of England and Wales shall govern this agreement and the parties hereby submit to the nonexclusive jurisdiction of the Courts of England and Wales.