Terms and Conditions
- Applicable Terms
Buyer’s (the Buyer) order placement constitutes an offer to purchase goods of Plastic-IT Ltd of Unit 43 Atcham Business Park, Shrewsbury, Shropshire, SY4 4UG (the Seller) and Seller’s order acknowledgement constitutes acceptance of the Buyer’s order. Buyer’s order acknowledgement provides the weblink to these Terms and Conditions on Seller’s website and incorporates by reference these Terms and Conditions into the purchase agreement between Buyer and Seller. Any quotation given by Seller for the sale of goods is an invitation to the Buyer to make an offer only and no order placed by the Buyer with the Seller in pursuance of a quotation or otherwise shall be binding on the Seller unless and until it is accepted in writing by the Sellers acceptance of order form or despatch note or delivery note, or the goods are despatched or the work is commenced.
Any contract made with the Seller for the sale of goods or work shall incorporate and be subject to these conditions and any representation or warranty, written or orally made or given prior to the contract is hereby expressly excluded and all brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, price lists and other advertising matter are intended only to present a general idea of the goods described therein.
Specifications quoted by the Seller must be treated as approximate only and the Seller reserves the right to amend without notice at any time prior to delivery, the specifications, material and/or process of manufacture of its product.
- The Price
All prices are exclusive of transport, packing and VAT. (FOB site of shipment)
The Seller reserves the right to vary its prices without notice to the Buyer and the price payable by the Buyer shall be the price ruling at the date of delivery.
- Payments
Unless otherwise agreed in writing all accounts must be paid within 30 (thirty) days of invoice date. If at the date on which the Seller is ready to despatch or deliver the goods the Buyer delays delivery for any reason, the Seller may present invoices for full settlement on that date, in default of payment and without prejudice to any other rights or remedies the Seller reserves the right to demand payment of all outstanding balances whether or not due and/or cancel all outstanding orders. Interest shall be charged on outstanding balances at the rate of 8.0% over base rate of the Bank of England from time to time in accordance with the Late Payment of Debts Act. The Buyer shall not be entitled to withhold or set-off payment for goods delivered or work done for any reason whatsoever.
Purchases of our Salutem Face Shield are made prior to dispatch unless otherwise agreed and accepted by the Seller.
The price of any goods will be as quoted on the Seller’s website except in cases of obvious error. We are under no obligation to provide the goods to the Buyer at the incorrect price even after The Seller has sent the Buyer written acceptance if the error is obvious and unmistakeable and could have reasonably been recognised by the Buyer as a mis-pricing.
The prices of any goods are subject to VAT where applicable and at the prevailing rate and exclude delivery costs unless stated otherwise.
Any quotation or estimate made by the Seller is valid for thirty (30) days from its date of issue and is subject to these Conditions.
Prices are correct at the time of issue and are subject to change without prior notice unless the Seller has sent the Buyer a written acceptance of an order.
Unless otherwise agreed delivery of the goods shall take place at the Buyer’s address or as set out in the Seller’s written acceptance of the Buyer’s order. Delivery shall be completed on arrival.
- Risk
The risk in respect of all goods sold under the contract shall pass to the Buyer upon shipment of the goods by the Seller, its servants or agents.
- Title
Title will transfer upon shipment of the goods
- Despatch/Delivery
Any dates given in the contract for despatch or delivery of goods or completion of the work (as the case may be) shall constitute estimates of expectation only and shall not be binding unless the contract otherwise expressly provides in writing and subject to the provisions of sub-clauses below the Buyer shall accordingly accept delivery of the goods when tendered and the work when completed.
The method and route of despatch of the goods shall be selected by the Seller which shall endeavour to take into account in such selection the preferences of the Buyer. There may be an additional delivery charges based on non-mainland UK locations and in the instances of non-stock items being delivered (such as bulky, heavy or hazardous goods)
If notwithstanding the Seller’s endeavours, the Seller fails to despatch or deliver the goods, such failure shall not constitute a breach of the contract and the Buyer shall not be entitled to claim compensation for such failure or for any consequential loss or damage resulting therefrom.
Subject to the provisions of sub-clause, where despatch or delivery or completion of the work is delayed by more than 30 (thirty) days beyond the date given in the contract, the Buyer shall grant the Seller a reasonable extension period and, if upon the expiry of the extension period the goods have not been despatched or delivered or the work has not been completed, the Buyer may forthwith by notice in writing terminate the contract and in such circumstances the Buyer shall pay at the contract rate for all goods sold or work done by the Seller to the actual date of termination and neither party shall have any further liability to the other in respect of the goods undelivered or work not completed.
If at the date on which the Seller is ready to despatch or deliver the goods the Buyer delays acceptance thereof for any reason whatsoever, the goods will be stored by the Seller but the Buyer shall pay to the Seller an amount equivalent to what the Buyer would be liable to pay if the goods had in fact been despatched or delivered together with reasonable storage charges for the period of delay and the cost of any additional handling and transporting incurred. If on the expiry of 30 (thirty) days after the date on which the Seller is ready to despatch or deliver the goods the Buyer has not accepted the goods, the Seller reserves the right immediately to cancel the Buyers order. This cancellation shall entitle the Seller to dispose of the goods and obtain from the Buyer compensation for loss of profit in addition to any other sums due to the Seller under these conditions.
Claims in respect of incomplete or incorrect supplies or of goods damaged in transit must be notified to the Seller as soon as possible and in any event not later than 7 (seven) days after receipt of the goods at the place of destination.
Claims in respect of non-delivery of goods must be made as soon as possible and in any event within 7 (seven) days of the receipt by the Buyer of the Seller’s invoice.
When deliveries are spread over a period, each consignment will be despatched and each notice will be treated as a separate account and payable accordingly.
At the option of the Seller, goods sold to the Buyer may be delivered in two or more instalments and, in that event, each instalment shall be deemed to form a separate contract and failure to deliver or defective delivery of any one instalment shall not constitute a breach of contract in respect of other instalments.
On special orders, the Seller reserves the right to delivery up to 5 (five) per cent over or under the quantity order, and to invoice for full quantity delivered.
- Product use, safety and product recalls
The Buyer shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the goods concerning their storage and use and, where applicable, the Buyer shall refer their employees and their customers to such instructions and guidelines.
The Buyer shall satisfy themself that the persons responsible for storage and use of any of the goods supplied by the Seller have all the information required on health and safety and the Seller shall not be liable to the Buyer in any civil proceedings brought by the Buyer against the Seller in respect of a breach of the user instruction or any applicable health and safety legislation or any regulations, orders or directions made pursuant to such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion is permissible by law.
The information the Seller supplies to the Buyer with the goods will necessarily be of a technical nature and if the Buyer is in any doubt about the interpretation of this information the Buyer should contact the Seller. Details are available on our website. For the avoidance of doubt this does not absolve the Buyer of their responsibilities under the above.
The Buyer shall keep the Seller properly informed of all complaints concerning the goods and shall co-operate fully and promptly with any steps taken by the Seller in accordance with the below.
The Seller may at its discretion recall any goods already sold to the Buyer (whether for a refund or credit or for replacement of the goods which shall in each case be undertaken by the Seller) and/or issue any written or other notification to the Buyer about the manner of use of any goods already sold by the Seller to the Buyer. You agree to give all reasonable assistance to the Seller or the manufacturer in resisting any claim which may arise under any recall of product by the Seller or the manufacturer of such product.
- Cancellation and returns
The Buyer has the right to cancel this contract for any reason before the expiry of fourteen (14) days commencing on the first full working day after the day on which the Buyer receives delivery of the order (“Cancellation Period”) and to be refunded within 14 days of the Buyer providing notification of this in writing by email or first class post. If the Buyer wishes to cancel the Contract after the Cancellation Period has expired the Buyer must do so by providing the Seller with at least 14 days’ written notice and the Seller may, at our option, charge a cancellation fee to cover our administration costs. The amount of the cancellation fee will be set out on our website from time to time.
Returns:
When the Buyer returns the goods to the Seller in accordance with the above we will process The Buyer’s refund as soon as possible and, in any case, within 14 days. The Seller will refund the price of the goods in full however the Buyer will be responsible for the cost of returning the goods.
When the Buyer returns the goods for any other reason (e.g the Buyer claim the goods are defective), the Seller will examine the goods and will notify the Buyer of whether, in our reasonable opinion, a refund is payable via e-mail within a reasonable period of time. We will process the refund as soon as possible and, in any event, within 14 days of the day we will confirm to The Buyer that they were entitled to a refund. Goods returned to the Seller due to a defect will be refunded in full including delivery and the reasonable costs the Buyer incurs in returning the goods to us.
Due to the risk of contamination, we are unable to accepts returns (unless the Buyer claims they are defective as set out above) once a package has been opened.
We will usually refund any money received from the Buyer using the same method originally used by the Buyer to pay for the purchase.
- Data Protection
Each party shall comply with its respective obligations under the General Data Protection Regulation 2016/679 (GDPR) in relation to all personal data that is processed by it in the course of performing its obligations under this Agreement.
Without prejudice to the generality of clause 13.1, the Company shall maintain sufficient technical and organisational measures to prevent unauthorised or unlawful processing of Personal Data and to prevent any loss, destruction or unauthorised disclosure of Personal Data.
- Compliance with laws and data protection
In performing its obligations under these Conditions, each party shall comply with all applicable laws, statutes and regulations from time to time in force, including but not limited to the Modern Slavery Act 2015, the Bribery Act 2010, the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act 2018.
The Seller will only process personal data in accordance with Our Privacy Policy which can be found at www.plastic-it.co.uk
The Seller may monitor and record telephone calls for the following purposes:
training; quality control; and to confirm instructions.
- General
Any notice to be served under these conditions may be given orally in person or by telephone but must be confirmed in writing as soon as possible and in any event within 24 hours to the intended recipient either:-
- a) within the United Kingdom by prepaid first class post (when it will be deemed served at noon on the first working day after it was posted); or
- b) within the United Kingdom by prepaid first class post (when it will be deemed served at noon on the first working day after it was posted); or
- c) by personal delivery (when it will be deemed served when it is delivered).
The address for service of notices shall be the party’s address as shown in these conditions or as subsequently notified in writing.
Waiver The waiver by the Seller of any breach of any term hereof shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
Severance Should one clause hereof be invalid the provisions of the remainder hereof shall not be affected and in such case the parties hereto shall co-operate to agree replacement terms which are legally valid in order to achieve as nearly as possible the original intentions of the parties particularly regarding the economic effect of such clause.
Titles – The titles of the clauses hereof shall not be taken into account in the construction hereof.
Governing Law Any contract in which these terms relate shall be governed by English Law and the parties shall submit to the non-exclusive jurisdiction of the English Courts.
Entire Agreement This document contains the whole terms of the contract and no alteration or variation of the terms of the contract shall be valid unless agreed and made in writing by an authorised officer of the Seller, and no waiver of any breach by either party of the terms of the contract shall prejudice the Seller’s strict legal rights hereunder. In the event of any conflict between these terms and any other terms or conditions these terms will prevail.
We are committed to maintaining the highest standards of integrity and ethical conduct in all our business activities.
Plastic-IT Ltd
Unit 43 Atcham Business Park
Shrewsbury
Shropshire
SY4 4UG
