In these conditions the following terms shall have the following meanings:
|'Company', 'We', 'Us', 'Our'||Provider Cash & Carry Limited
Unit 1, Rosewood Park, St. James's Road, Blackburn, Lancashire, BB1 8ET
Company Number: 4142662
Telephone: 01254 504500
Fax Number: 01254 504501
Email Address: email@example.com
VAT Reg. No. 775 1026 36
Company Reg. No.: 4142662
|'Contract'||Any Contract for the sale of Goods by the Company to the Customer.|
|'Customer', 'You', 'Your'||The Customer of the Company.|
|'Goods'||Any Goods forming the subject of a Contract including parts of, or materials in, them as more particularly described upon this website.|
|'Website'||Our Website, the address of which is: www.providercc.co.uk|
2.1 These conditions shall be incorporated in the Contract to the exclusion of any terms and conditions stipulated or referred by the Customer.
2.2 No variation or amendment of this Contract or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties.
3.1 The Price of the Goods is set out on the Website and the confirmation of order and is in Great Britain Pounds Sterling. It excludes Value Added Tax and any other taxes or duties which will be charged at the rates applicable at the date of invoice from the Company to the Customer.
3.2 The Company shall have the right to adjust its prices at any time due to increased costs of any kind arising for any reason after the date of contract.
3.3 Price changes can take effect at any time. It is the Customers responsibility to check pricing at the time of ordering.
3.4 Delivery charges to mainland UK addresses are £6 per pallet for all orders over £1000 excluding VAT, and £35 per pallet for all orders between £500 and £999.99 excluding VAT. Orders below £500 excluding VAT cannot be delivered.
4.1 When you complete your details and details of the Goods which you wish to purchase and submit them to us by clicking the 'Confirm Order' button you are offering to purchase the Goods at the price shown on the Website subject to these terms and conditions.
4.2 The Contract for the sale by us to you of the Goods is completed when we send you our confirmation of order by email.
4.3 In order to buy Goods from us through this Website you must be at least 18 years of age. We do not trade with members of the public. We reserve the right at our discression to refuse to complete a contract for the sale of Goods to you.
5.1 Risk in the Goods shall pass to the Customer on delivery and until title passes to the Customer, the Customer shall keep the Company indemnified against all loss or damage to the goods or depreciation in their value and shall keep them fully insured, and shall not remove the Goods and shall keep them in good condition and complete and shall not allow them to become the subject of any charge or lien, whether by operation of law or otherwise.
5.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Company and shall not pass to the Customer until the amount due under the invoice for them (including interest and costs) has been paid in full.
6.2 The Company reserves the right to charge interest at the rate of 2% per annum above the base rate of Barclays Bank PLC from time to time in force on invoices not paid by the due date (whether before or after judgement) and to require reimbursement to the Company by the Customer of all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
6.3 All goods are to be paid for in full prior to delivery unless credit terms have previously been agreed.
7.1 Once your order has been confirmed by us and payment completed, your Goods will be dispatched to you as soon as possible.
7.2 Delivery of Goods will be to UK Mainland addresses only and will take place on a weekday by prior arrangement with you. Delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to make an alternative arrangement for delivery.
7.3 The Goods are delivered to the Customer when the Company makes them available to the Customer or any agent of the Customer or any carrier who shall be the Customer's Agent (whoever pays its charges) at the Company's premises or other delivery point agreed by the Company.
7.4 Risk in the Goods passes when they are delivered in accordance with clause 7.3.
7.5 The Company may deliver to the Customer and the Customer shall accept in satisfaction of the Contract a lesser number than the number of Goods ordered.
7.6 Provided that the Customer provides to the Company all necessary documentation and information when required the Company will use its reasonable endeavours to deliver the Goods on or before the dates quotes by the Company but the Customer acknowledges that such completion and delivery dates are approximate only and shall not form part of the Contract.
7.7 The Company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all, nor shall any such delay or failure entitle the Customer to refuse to accept any performance of or repudiate the Contract.
8.1 In order to cancel your order, you must notify us by email or in writing to our contact address. A refund of any monies paid by youfor the Goods will be made within 30 days of you cancellation.
9.1 The Company shall have no liability with regard to any claim in respect of allegedly defective Goods unless any claim is made in writing to the Company containing full details of the claim within two days of the delivery of the Goods.
9.2 The Company shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition, and the Customer shall, if so requested in writing by the Company, promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to the Company for examination.
9.3 The Company shall have no liability with regard to any claim in respect of which the Customer has not complied with the claims procedures in these conditions.
10.1 We make every effort to ensure that Goods advertised for sale on the Website are described accurately. However the descriptions of Goods on the Website do not form part of the contract between you and us. They are designed to represent a general idea of the Goods.
10.2 We will not be liable to you for any loss or damage which you suffer as a result of any breach by us of this contract, including, but not limited to, consequential loss to you and / or loss or damage to the property of third parties. In any event our liability to you arising directly from our negligence will not exceed the invoice value of the Goods. Nothing in this clause will limit our liability for death or personal injury resulting from our negligence. This clause does not affect your statutory rights.
10.3 We make every effort to ensure that this Website is free from viruses and defects. However, we cannot guarantee that your use of this Website or any website accessible through it will not cause damage to your computer. It is you responsibility to provide adequate protection for your equipment which you use to access this Website.. We will not be liable to you or anyone else for any loss or damage which may be caused to any equipment arising as a result of your use of this Website.
10.4 If the Customer establishes that any Goods have not been delivered, have been delivered damaged or do not comply with their description the Company shall, at its option, replace with similar goods any Goods which are missing, lost or damaged or do not comply with their description, or allow the Customer credit for their invoice value.
10.5 The delivery of any replacement Goods shall be at the Company's premises or other delivery point specified for the original Goods.
10.6 Where the Company is liable in accordance with the condition in respect of only some or part of the Goods the Contract shall remain in full force effect in respect of the other or other parts of the Goods and no set-off or other claim shall be made by the Customer against or in respect of such other or other parts of the Goods.
11.1 The Company may at its discretion suspend or terminate the supply of any Goods if the Customer fails to make any payment when and as due or otherwise defaults in any of its obligations under the Contract or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or the Company bona fide believes that any of those events may occur, and in case of termination may forfeit any deposit paid.
12.1 The Customer shall not at any time whether before or after the termination of the Contract divulge or use any unpublished technical information deriving from the Company or any other confidential information in relation to the Company's affairs or business or method of carrying on business.
13.1 The Company shall not be liable for any failure in the performance of any of its obligations under this Contract caused by factors outside its control.
14.1 The contract shall be governed by English law and the Customer consents to the exclusive jurisdiction of the English courts in all matters regarding it except to the extent that the Company invokes the jurisdiction of the courts of any other country. If you access the Website from locations outside of England you are responsible for complying with any laws applicable to that territory.
16.1 The contents of this Website are protected by the law of copyright.
16.2 All rights in this Website, including Copyright, are owned or licenced to: PROVIDER CASH AND CARRY LTD.
a)Any notice given under this contract shall be in writing and may be served:
b)Each party's address for the service of notices shall be the address set out in the confirmation of order.
c)The notice shall be deemed to have been served:
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