Prestige Bathrooms – Terms and Conditions of Sale
The Buyer’s attention is particularly drawn to Clause 12 (Limitation of Liability).
In these Conditions, the following definitions apply:
Seller
Prestige Bathrooms, Unit 8 Bowker House, Lee Mill Bridge, Ivybridge, England, PL21 9EF.
Telephone: 01752 922615
Email: darren@landdgroup.co.uk
Website: www.prestigebathroomssouthwest.com
Buyer
The person, firm, or company who purchases or agrees to purchase the Goods from the Seller.
Conditions
These terms and conditions of sale, together with any special terms and conditions agreed in writing by a director of the Seller.
Goods
The items, including bathroom suites, sanitaryware, fittings, fixtures, furniture, heating, brassware, accessories and related products, which the Buyer agrees to buy from the Seller as set out in the Seller’s Confirmation of Order / Schedule.
Price
The price payable for the Goods, excluding VAT and any delivery, carriage, packaging, handling, or insurance costs unless otherwise stated in writing.
Force Majeure Event
Has the meaning given in clause 11.1.
Contract
The agreement between the Seller and the Buyer for the purchase and sale of the Goods in accordance with these Conditions.
2.1. These Conditions shall apply to and form the basis of the Contract between the Seller and the Buyer for the sale of Goods, to the exclusion of all other terms and conditions, including any terms which the Buyer seeks to impose or incorporate under any purchase order, confirmation of order, specification or other document.
2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller subject to these Conditions.
2.3. Acceptance of delivery of the Goods by the Buyer shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4. These Conditions may not be varied except by written agreement signed by a director of the Seller.
2.5. These Conditions represent the entire agreement between the Seller and the Buyer and supersede any prior terms and conditions or understandings between the parties.
3.1. The Price for the Goods shall be the price set out in the Seller’s written Confirmation of Order or invoice at the time of purchase.
3.2. All Prices are quoted exclusive of VAT. VAT shall be payable by the Buyer at the applicable rate.
3.3. Unless otherwise agreed in writing, the Price does not include delivery charges, carriage, handling, packaging, or insurance. Any such additional charges will be confirmed by the Seller to the Buyer before dispatch or collection and shall be payable by the Buyer.
4.1. Payment of the Price, together with VAT and any delivery or other charges, shall be made in full in accordance with the payment terms stated on the Seller’s Confirmation of Order or invoice. Unless otherwise agreed in writing, full payment is required before delivery or collection.
4.2. Where any amount due to the Seller is not paid in accordance with the agreed payment terms, the Seller reserves the right to charge interest on the overdue amount. The applicable interest rate and the method of calculation will be stated on the relevant invoice or otherwise notified to the Buyer by the Seller at the time.
4.3. The Buyer shall pay all sums due in full and shall not be entitled to withhold payment, make any deduction, or exercise any right of set-off or counterclaim against any invoice submitted by the Seller.
5.1. The Goods shall be as described in the Seller’s Confirmation of Order / Schedule.
5.2. The Seller reserves the right to amend or change the specification of the Goods at any time if required by any applicable statutory or regulatory requirements, or if the manufacturer makes changes to specification or finishes.
5.3. Images, samples, and display items are for illustrative purposes only. There may be reasonable variations in colour, finish, shading, texture, and dimensions which are normal within manufacturing tolerances.
6.1. The Seller warrants that for a period commencing on the date of delivery of the Goods to the Buyer and continuing for the warranty period notified by the Seller to the Buyer at the time of purchase (the “Warranty Period”), the Goods shall:
a) conform in all material respects with their description;
b) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
c) be reasonably fit for any purpose held out by the Seller.
6.2. Many products are also covered by a manufacturer’s warranty which may extend beyond the Seller’s Warranty Period. Where applicable, the Buyer must register the product directly with the manufacturer and comply with the manufacturer’s terms. Any such manufacturer warranty is in addition to, and not instead of, the Seller’s obligations in clause 6.1.
6.3. The warranties in this clause do not apply to defects arising from:
a) fair wear and tear;
b) wilful damage, misuse, neglect, or abnormal storage conditions;
c) failure to follow the Seller’s or manufacturer’s fitting instructions, maintenance instructions, or care guidance;
d) improper installation or installation by an unqualified person; or
e) damage caused after delivery.
6.4. The Seller shall not be responsible for, and does not warrant against, compatibility of Goods with the Buyer’s existing plumbing, electrical, heating, or structural conditions unless the Seller has specifically confirmed suitability in writing.
7.1. Delivery of the Goods shall be made to the address specified by the Buyer in the Confirmation of Order, or the Goods may be made available for collection, as agreed between the parties.
7.2. The Seller will use reasonable endeavours to deliver the Goods on any agreed delivery date, but time of delivery shall not be of the essence of the Contract.
7.3. The Seller shall not be liable to the Buyer for any loss (including loss of profit), costs, damages, charges, or expenses caused directly or indirectly by any delay in delivery of the Goods, nor shall any delay entitle the Buyer to terminate or rescind the Contract.
7.4. If short delivery occurs (for example where some, but not all, of the Goods are delivered), the Buyer shall not be entitled to reject the Goods delivered. The Buyer shall accept the Goods delivered as part performance of the Contract, and an appropriate adjustment to the Price for undelivered items shall be made where appropriate.
7.5. If the Buyer fails to take delivery of the Goods on the agreed delivery date, or if no delivery date has been agreed when the Goods are ready for dispatch or collection, then:
a) the Seller may store the Goods (at the Buyer’s risk) and insure them; and
b) the Seller may charge the Buyer for all related costs and expenses (including storage, insurance, attempted delivery, redelivery, and handling) at the Seller’s standard rates in force at that time.
8.1. The Buyer shall be deemed to have accepted the Goods after a reasonable inspection period following delivery or collection.
8.2. The Buyer must carry out a thorough inspection of the Goods within that reasonable period and must notify the Seller in writing, within that same period, if the Goods do not comply with the warranty in clause 6 (for example, if they are damaged, incorrect, missing parts, or defective on arrival). The Seller will inform the Buyer at the time of delivery or collection what that inspection period is.
8.3. Where the Buyer gives valid notice under clause 8.2:
a) the Buyer must return the Goods (including all original parts, fittings, fixings, manuals, and packaging where possible) to the Seller, in accordance with the returns procedure notified by the Seller; and
b) subject to inspection and verification, the Seller shall, at its option, repair or replace the defective Goods, or refund the Price of the defective Goods.
8.4. If the Buyer does not notify the Seller in accordance with clause 8.2, the Goods shall be deemed to be in all respects in accordance with the Contract and free of defects apparent on reasonable inspection, and the Buyer shall not be entitled to reject the Goods.
8.5. The Buyer is strongly advised not to install Goods before checking them in full. The Seller will not be liable for removal or reinstallation costs where damaged or incorrect Goods have been fitted.
9.1. Risk of damage to or loss of the Goods passes to the Buyer on delivery to the Buyer’s address or, where the Buyer collects, on collection.
9.2. Title (ownership) of the Goods shall not pass to the Buyer until the Seller has received payment in full and cleared funds for:
a) the Goods; and
b) all other sums which are or which become due to the Seller from the Buyer.
9.3. Until title passes to the Buyer, the Buyer shall:
a) hold the Goods on a fiduciary basis as the Seller’s bailee;
b) store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Seller’s property;
c) not remove, deface, or obscure any identifying mark or packaging; and
d) maintain the Goods in satisfactory condition and keep them insured for their full Price against all risks.
9.4. The Seller may, at any time before title passes and without any liability to the Buyer:
a) require the Buyer to deliver up all Goods which have not been resold; and/or
b) enter any premises of the Buyer (or any third party premises where the Goods are stored) in order to inspect, identify, or repossess the Goods.
9.5. The Seller may bring an action for the Price of the Goods even if title has not passed to the Buyer.
10.1. Delivery, carriage, handling, packaging, and insurance charges (if any) will be payable by the Buyer at the Seller’s rates in force at the time of order or as otherwise notified to the Buyer prior to dispatch or collection.
10.2. Where the Seller offers free or discounted delivery, this will only apply if confirmed by the Seller in writing at the time of order and may be subject to geographical, value, timing, or product-type restrictions.
10.3. If delivery is attempted but cannot be completed because the Buyer (or someone on behalf of the Buyer) is not available to take delivery, the Seller reserves the right to apply redelivery, storage, or handling charges at the Seller’s rates in force at that time.
10.4. Collection from the Seller’s premises at 19–23 Medway Parade, Perivale, Greenford, UB6 8HN may be offered by prior arrangement. The Buyer may be required to provide proof of identity and proof of order on collection.
11. Force Majeure
11.1. A Force Majeure Event means any event beyond the reasonable control of the Seller, including (without limitation): strikes, lock-outs or other industrial disputes (whether involving the Seller’s workforce or any other party); failure of a utility service or transport network; act of God; war; threat of or preparation for war; terrorism; riot; civil commotion; interference by civil or military authorities; national or local emergency; governmental action or restriction; compliance with any law or governmental order, rule, regulation or direction; accident; breakdown of plant or machinery; fire; flood; storm; adverse weather; earthquake; pandemic; epidemic; quarantine restriction; shortage of labour, materials or manufacturing capacity; default of suppliers or subcontractors; or interruption to shipping or logistics.
11.2. The Seller shall not be liable to the Buyer for any delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from a Force Majeure Event.
11.3. If a Force Majeure Event prevents the Seller from supplying any of the Goods for a continuous period which the Seller considers commercially unreasonable, the Seller may terminate the Contract (in whole or in part) immediately by giving written notice to the Buyer. The Seller will refund any amounts paid for Goods not supplied, subject to deduction of any reasonable costs incurred.
THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
12.1. Nothing in these Conditions shall limit or exclude the Seller’s liability for:
a) death or personal injury caused by the Seller’s negligence, or the negligence of its employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
d) liability for defective products under the Consumer Protection Act 1987.
12.2. Subject to clause 12.1:
a) the Seller shall under no circumstances whatsoever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, for any loss of profit, loss of business, loss of revenue, loss of anticipated savings, increased costs, wasted expenditure, or any indirect or consequential loss arising under or in connection with the Contract; and
b) the Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, shall in no circumstances exceed the total Price actually paid by the Buyer for the specific Goods giving rise to the claim.
12.3. After expiry of the Warranty Period set out in clause 6, and to the fullest extent permitted by law, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (satisfactory quality, fitness for purpose, and correspondence with description) are excluded from this Contract.
12.4. This clause 12 shall survive termination, completion, or cancellation of the Contract.
13.1. Notices
Any notice or other communication given to a party in connection with this Contract shall be in writing and shall be delivered by hand, sent by prepaid first-class post, next working day delivery service, commercial courier, or email to that party’s registered office (if a company), principal place of business, or to such other address or email address as that party has notified in writing.
13.2. Waiver
A waiver of any right or remedy under the Contract or under law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
13.3. No partnership or agency
Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other.
13.4. Third parties
A person who is not a party to the Contract shall not have any rights to enforce its terms under the Contracts (Rights of Third Parties) Act 1999.
13.5. Entire agreement
The Contract constitutes the entire agreement between the parties and supersedes all prior discussions, understandings, and agreements between them relating to its subject matter. The Buyer acknowledges that it has not relied on any statement, promise, or representation made or given by or on behalf of the Seller which is not set out in the Contract.
13.6. Variation
No variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by a director of the Seller.
13.7. Governing law
This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter, or its formation shall be governed by and construed in accordance with the laws of England and Wales.
13.8. Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract, its subject matter, or its formation.
