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Peeks of Bournemouth Limited
Terms of Sale for TRADE CUSTOMERS
Please note: These Terms of
Sale apply if you are purchasing goods in the course of business.
If you are a consumer (i.e. you are not purchasing goods in
the course of trade, our Terms
of Sale for Consumer apply.
1. Application of these Terms
| 1.1 |
These Terms of Sale for Trade Customers
(“Terms”) shall apply to the sale of all goods
(“Goods”) by Peeks of Bournemouth Limited
(“Peeks”) to customers acting in the course
of business (“Customers”). |
| 1.2 |
It is a condition of each sale that, unless
agreed in writing by Peeks, these terms shall override
any terms or conditions contained in or referred to in
an order or other document from the Customer and that
no alteration or addition to or substitution of these
Terms by the Customer shall bind Peeks. |
| 1.3 |
Peeks may change these Terms from time
to time. Such changes will be displayed on the Peeks website. |
2. Contract Formation and Cancellation
| 2.1 |
Except as otherwise expressly
agreed in writing between the parties, before an order
can be accepted, Peeks must receive an order by fax, telephone,
post, e-mail or via the Peeks website from the Customer
plus: |
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2.1.1 |
in the case of Customers who have a credit
account with Peeks (“Existing Customers”)
payment of any deposit required by Peeks; or |
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2.1.2 |
in the case of Customers other than Existing
Customers, full payment for Goods including any applicable
charges for handling, carriage, insurance, taxes, customs
and duties. |
| 2.2 |
If the order is made via the
Peeks website, Peeks will acknowledge receipt of the order
by sending an email to the address provided by the Customer
in the order. |
| 2.3 |
A legally binding contract
shall only come into existence upon acceptance by Peeks
of an order which acceptance shall be made by the delivery
of the Goods. |
| 2.4 |
All EC Customers must provide
a VAT (or equivalent) registration number. |
| 2.5 |
The Customer may not cancel
or vary an order after the date when a binding contract
comes into existence except with the written consent of
Peeks. Such consent shall deemed to be given on terms
that the Customer shall indemnify Peeks in full for the
balance of the Price and against any resulting loss, costs,
damages, charges and expenses incurred by Peeks as a result
of such cancellation or variation. |
3. Quotations and Price
| 3.1 |
Any price quotes given by Peeks shall not
be binding. |
| 3.2 |
The price of the Goods (the “Price”)
shall be the price stated as at the date of order on the
Peeks website. Any applicable charges for handling, carriage,
insurance shall be payable in addition to the Price plus
any applicable VAT or other taxes, customs and duties. |
| 3.3 |
If any increase in taxes, duties, charges
or assessments or increases in cost of labour or materials
are levied against or incurred by Peeks for supply of
the Goods after the date of order Peeks shall be entitled
to charge the Customer the amount of such increase in
addition to the Price. |
4. Payment
| 4.1 |
The Customer shall pay all sums/outstanding
sums due in respect of the Goods within 30 days of the
date of Peeks’ invoice for such amounts. |
| 4.2 |
All sums shall be paid in the currency
in which such sums are invoiced by cheque made payable
to ‘Peeks of Bournemouth Ltd’, by postal order
or by credit card except where payments are made via the
Peeks website when payments shall be made by credit card
only. |
| 4.3 |
Deposits shall not be shown on invoices
but will appear on statements. The Customer agrees to
pay all amounts due to Peeks in full and waives all rights
and all and any future claim and rights of set-off or
counterclaim in respect of such amounts. |
| 4.4 |
Without prejudice to its other rights and
remedies, the Customer’s failure to pay on the due
date shall entitle Peeks suspend its performance of any
of its contracts with the Customer and to charge interest
on the amount unpaid both before and after any judgement
at the rate of 2.5% above the base rate of the Bank of
England from time to time in force per month or part month
from the date payment became due until payment is received
by Peeks such amount to be compounded quarterly. The Customer
shall pay any costs incurred by Peeks in the recovery
of overdue sums. |
5. Availability of Goods
The items featured in the Peeks catalogues and on the Peeks
website are offered for sale subject to availability. In the
event that the Goods ordered are unavailable, Peeks shall
be entitled as its option to supply the Customer with a substitute
for the Goods ordered of equivalent quality and price or to
cancel the contract for the sale of those Goods and refund
all sums paid by the Customer for those Goods.
6. Delivery
| 6.1 |
Peeks shall use its reasonable endeavours
to comply with delivery dates but any dates specified
for delivery are approximate and Peeks shall not be liable
or otherwise in breach for any delay in delivery. |
| 6.2 |
The Customer (or recipient of behalf of
the Customer) shall receive the Goods (and where Peeks
arranges delivery of the Goods, shall take delivery of
Goods at the delivery address as specified by the Customer)
and shall check the quantity and condition of such Goods
in the presence of the carrier or Peeks (as applicable).
If there is a shortage or the Goods are in unsatisfactory
condition the Customer or recipient shall endorse the
carrier’s or Peeks’ delivery document (as
applicable) and shall give separate notice thereof to
Peeks within three days of delivery. If this condition
is not observed no claim in respect of shortage or unsatisfactory
condition of Goods will be entertained and Peeks shall
have no liability in respect thereof. If the shortage
or defect is notified to Peeks within the time limit Peeks’
liability shall be limited to replacement of the defective
goods or making good the shortfall. Any allegedly defective
Goods shall be returned to Peeks for inspection. Peeks
shall not be responsible for shortages or defects arising
from misuse or neglect by the Customer. |
| 6.3 |
The Customer shall be responsible for the
costs of returning Goods which shall include a handling
charge of 10% of the price of the returned Goods to Peeks
whatever the reason for the return of the Goods. |
| 6.4 |
Each delivery of Goods by instalments shall
constitute a separate contract subject to these Terms
and any failure to deliver in accordance with the contract
or defect in the Goods in respect of any one or more instalments
shall not entitle the Customer to treat the contract as
a whole as repudiated. |
| 6.5 |
If the Customer fails to take delivery
of the Goods proffered by Peeks (other than by reason
of Peeks’ fault) then, without prejudice to Peeks’
other rights and remedies, Peeks may store the Goods and
charge the Customer the reasonable cost of storage (including
insurance). |
| 6.6 |
Peeks reserves the right to make an additional
charge for any delay caused by the Customer or its recipient
in unloading, any re-direction of Goods or failure to
provide accurate and adequate delivery instructions. |
| 6.7 |
The Customer or recipient shall sign any
delivery document accompanying the Goods at the time of
delivery. |
7. Ownership and Risk
Title to the Goods remains with Peeks until payment is received
in full and until that time Peeks shall be entitled to dispose
of the Goods, require the Customer to deliver up the Goods
to Peeks or to enter upon the Customer’s premises or
third party premises to repossess them. Risk of damage to
or loss of the Goods shall pass to the Customer on delivery
or if the Customer or its recipient wrongly fails to take
delivery at the time when Peeks tenders delivery of the Goods.
8. Limitation of Liability
| 8.1 |
Except in respect of Peeks liability for
death or personal injury caused by Peeks’ negligence
in relation to which there shall be no limit, Peeks liability
to the Customer for direct losses in respect of any particular
contract for the supply of Goods shall be limited to the
Price payable for the Goods. Peeks shall not be liable
for any indirect, special or consequential loss or damage
arising out of or in connection with the supply of the
Goods to the Customer or their use examples of which include
claims for loss of profits, loss of contracts, loss of
opportunity, costs and expenses incurred or other claims
for compensation. |
| 8.2 |
The Customer must observe and comply with
all applicable regulations and legislation, including
obtaining all necessary customs, import or other permits
to purchase goods from Peeks. The importation or exportation
of certain of Goods to the Customer may be prohibited
by certain national laws. Peeks makes no representation
and accepts no liability in respect of the export or import
of the Goods purchased. |
9. Events beyond Peeks’ Control
Peeks shall not be liable for any failure to perform if the
failure results from an event beyond its reasonable control,
which shall include, without prejudice to the generality of
the foregoing, act of God, explosion, flood, fire, accident,
legal restrictions, adverse weather conditions, regulations,
strikes or lockouts, difficulties in obtaining materials,
labour or fuel, third party intervention or through power
failure, computer network access failure or machinery breakdown.
10. Breach and Insolvency
Peeks may without prejudice to any other right or remedy available
to it, suspend delivery, repossess the Goods, dispose of the
Goods and/or terminate any contract made on these Terms forthwith
by written notice to the Customer if the Customer shall be
in breach of contract or if the Customer shall make or offer
to make any voluntary arrangement with its creditors or (being
an individual or firm) becomes bankrupt or (being a company)
becomes subject to an administration order or goes into liquidation
(otherwise than for purposes of amalgamation or reconstruction
without insolvency) or an encumbrancer takes possession, or
a receiver is appointed in respect of any of the property
or assets of the Customer or the Customer ceases or threatens
to cease to carry on business or Peeks learns that any of
the above events is about to occur.
11. General
| 11.1 |
Any provision of these Terms, which is
held to be invalid or unenforceable shall be deemed to
be severable and shall not affect the validity of the
other provisions. |
| 11.2 |
No waiver by Peeks of any breach of or
failure to enforce any terms of the contract shall be
considered as a waiver of any subsequent breach or failure
of the same or any other terms of the contract. |
| 11.3 |
Save as expressly provided in these Terms,
(within the meaning of the Unfair Contract Terms Act 1977),
all warranties, conditions or other terms implied by statute
or common law are excluded to the fullest extent permitted
by law. |
| 11.4 |
The Customer acknowledges and agrees to
be bound by the terms of Peeks’ privacy
policy. |
| 11.5 |
These Terms, together with the Customer
order and the Peeks’ privacy policy, set out the
whole agreement relating to the supply of the Goods to
the Customer by Peeks. Nothing said by any sales person
on Peek’s behalf should be understood as a variation
of these Terms or as an authorised representation about
the nature or quality of the Goods. Save for fraud or
fraudulent misrepresentation, Peeks shall have no liability
for any such representation being untrue or misleading. |
| 11.6 |
A person who is not a party to a contract
made on these Terms has no right under the Contracts (Rights
of Third Parties) Act 1999 to enforce any terms of such
contract. |
| 11.7 |
Contracts made on these Terms shall be
governed by and construed in accordance with the laws
of England and shall be subject to the non-exclusive jurisdiction
of the English Courts. |
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