TERMS & CONDITIONS
DEFINITIONS:
“The seller” means Pressure Washer Supplies and Services Limited trading as Dandas Services
“The Customer” means persons, firms or companies purchasing goods from the seller or requesting the seller to render services in respect of goods.
“The Goods” means the goods, products or materials supplies by the seller to the customer or in respect of which the seller renders services.
“Services” means any work carried out at the customer’s request by the seller to the goods.
FORMATION OF CONTRACT:
The Seller contracts on these conditions and acceptance by the seller of any order or request from the customer shall be upon such conditions subject only to any variation agreed in writing by any authorised representative of the seller.
PRICES:
All prices shown on the website shall be inclusive of VAT and standard delivery to UK mainland ONLY
(delivery to highlands and islands is available at a surcharge – please contact us 01772 432700 to discuss a delivery quote)
DELIVERY DATES:
Any time or date specified by the seller is given and intended as an estimate only.
The seller will do their utmost to meet such dates, however the seller shall not be liable for any direct or indirect loss, damage or expense howsoever arising from any delay in delivery or completion or services
DELIVERY INSTALMENTS:
The seller may deliver by instalments and each delivery shall be deemed to be treated as a separate contract and any default or delay in respect of any instalment shall not entitle the customer to reject other deliveries.
Failure by the customer to pay for any delivery or instalment when payment is due shall entitle the seller to withhold further deliveries.
PAYMENT:
Payment is due at the time of ALL orders.
If the customer fails to accept delivery of any goods when tendered or in the event of any delivery being delayed at the customer’s request or in the event of the customer failing to make any payment for goods when it is due the customer shall be liable to the seller for ALL additional handling, storage or other charges thereby incurred by the seller in relation to any such goods or to any other goods delivery of which the seller entitles to withhold.
RISK:
In the case of goods to be sold by the seller to the customer, risk in those goods shall pass to the customer upon delivery.
Where services are rendered by the seller the goods shall be prepared, worked on, moved on, stored, or otherwise managed and kept at the sole risk of the customer and the seller shall not be liable for any loss, damage, or delay arising from any cause whatsoever unless such loss, damage, or delay was caused by, or resulted from the negligence or deliberate act of the seller.
TITLE:
Where goods are sold by the seller to the customer, property in the goods shall not pass to the customer until the customer has paid for such goods in full and until then the customer shall hold the goods as bailee for the seller.
Whilst acting as such bailee the customer shall not pledge or allow any lien or charge to be created over the goods and will not deal with them except in the ordinary course of business.
If the customer sells the goods the customer shall hold on trust for the seller the proceeds of such sale and the right to receive such proceeds.
In default of payment of any sum due to the seller in respect of goods which remain the property of the seller – the seller or a named representative of the seller may at any time enter on the customer’s premises and remove such goods.
So long as any goods remain the property of the seller, the customer shall keep them separate and identifiable.
CLAIMS:
Any claims by the customer in respect of goods delivered to the customer, or services carried out on goods shall be made in writing to the seller within fourteen days of receipt of the goods or completion of the services.
Failure to make such a claim within the specified time shall constitute unqualified acceptance of the goods and waiver by the customer of all claims relating to the goods or services of any kind whatsoever.
Claims by the customer will only be investigated, in accordance with normal trade practice, once payment in full for the goods or services has been made.
LIMITATION OR LIABILITY:
(In the case of sales)
Where the customer buys “in the course of a business” and where goods are not manufactures by the seller there shall be no warranty or condition expressed or implied as to the quality or fitness for any particular purpose.
The seller will at the request of the customer use all reasonable efforts to ensure that the benefit of any guarantee or warranty given by any manufacturer or third party to the seller ensures to the customer.
In any case the sellers liability for any and all direct loss or damage resulting to the customer from defects to goods or from any other cause shall be limited to the invoice price of the goods and the seller may in its absolute discretion repair or replace the goods, or refund the price (in the case of both sales and supply of services).
The seller shall in NO circumstances be liable for any special indirect or consequential damages or loss including loss of use or profits. Any provisions set out herein shall not apply in the case of a sale to a person dealing as a consumer insofar as such provision would be the virtue of the Unfair Contract Terms Act 1977 be no effect against such person.
INDEMNITY:
The customer agrees to indemnify the seller against all claims relating to goods sold to the buyer by the seller or worked on by the seller in respect of any loss, damage, or expense sustained by any third party other than caused by the negligence of the seller.
LIEN:
The seller shall have the right to exercise a general lien upon any goods belonging to the customer whilst in the possession of the seller until such time as all moneys due to the seller from the customer in respect of such goods have been paid.
FORCE MAJEURE:
The seller reserves the right to cancel or suspend the whole or any part of the contract where it is prevented from delivering the goods or completing the services through any circumstances beyond its reasonable control and the seller shall not be liable in any way for any loss or damage arising therefrom whether directly or indirectly.
(* Subject To Status )
