Powells Sheet Materials Terms & Conditions

 

1. Information About Us

1.1. We are: Powells Sheet Materials, a limited company registered in England and Wales under registration number 9675459 and have our registered office at 22 Peterley Road, Horspath Industrial Estate, Oxford, Oxfordshire, England, OX4 2TZ.
1.2. How to contact us. Contact us via the following.
1.2.1. Via the contact form on www.mypowells.co.uk
1.2.2. Via Telephone on 01865 807657
1.2.3. Writing to us at

Powells Sheet Materials Ltd

22 Peterley Road

Horspath Industrial Estate

Oxford

Oxfordshire

OX4 2TZ

1.3. If we need to contact you, we will do so via the telephone number(s) and/or postal address/es provided to us by you when you place your order.

Definitions

The following words shall have the following meanings:
‘‘The company’’ shall mean Powells Sheet Materials Ltd.;
‘’Customer’’ shall mean the person or company who has contracted to buy the products;
‘’Goods’’ shall mean the goods supplied to you by us;
‘’Estimate’’ shall indicate our written estimation of the likely cost and specifications of the goods being ordered by the consumer;
‘’Terms’’ shall mean these terms and any specialist terms agreed between consumer and the company.
‘We’’ ‘’Our’’ ‘’Us’’ shall mean Powells Sheet Materials Ltd, including employees and agents.
You” means the person, their employees and agents, seeking to purchase goods from us, and “your” shall be interpreted accordingly,
“The Goods” means the goods supplied by us.
“The Terms” means the terms and any special terms agreed in writing between you and us.
“The Contract “means the contract for the supply of goods.

2. The Basis of Our Agreement

2.1. Estimates and quotations supplied to you does not constitute offer to enter a contract with us.
2.2. A legally binding contract for sales of goods will only be induced after we have received and accepted your order. Orders will only be accepted when we email or write in acceptance.
2.3. We aim to rely on these terms during your order process. Please request any changes to such terms be put in writing.
2.4. We reserve the right to change our standard terms without notice to you. Changes will not affect pre-existing contracts unless you agree with this. Changes shall apply to all future contracts.
2.5. When providing advise concerning suitability of goods for a purpose you make known, we shall rely on the information provided by you. The accuracy of the information supplied will be dependent upon you.

3. Prices and Quotations

3.1. Prices quoted are invitations and subject to the terms stated in our quotations.
3.2. Prices are subject to VAT at the prevailing rate.

4. Prices quoted are applicable to the quantity specification, delivery dates, and information provided by you. If the order placed varies, or delay is caused by your instructions or lack of instructions, we shall be entitled to adjust the price.

4.1. We reserve the right to revise our prices before order is accepted. We reserve the right to decline orders and ask for re-submission for the goods at revised price.
Our quotations and prices are based on costs at the time when they are given or agreed. We shall be entitled to adjust the price of the goods as at the time of delivery by such amount as may be necessary to cover any increase sustained by us after the date of acceptance of your order and any direct or indirect costs making, obtaining, handling, or supplying the goods.
4.1.1 Unless otherwise stated all quotations and estimates assume delivery in full loads. We reserve the right to levy additional charges for deliveries by instalments where it is requested by you.

Product Specification

4.2. Images of goods are for illustrative purpose only. We cannot guarantee the images, catalogues, price lists and illustrations relating to our goods accurately reflect the weights, measurements, capacities, performances, and other data relating to the goods. Such information must be regarded as an approximation intended for general description.
4.3. Packing of the goods may vary from that illustrated.
4.4. Variations in the good’s ‘finish’ may arise when they originate from different factory batches. We do not guarantee good form different batches will be identical and take no liability for any losses caused by such variations where such variations do not diminish the quality of the goods
4.5. We reserve the right to discontinue products and are under no obligation to take orders for such products.
4.6. If you wish to make changes to the goods, please contact us in advance. Should the changes be accepted, we will ask you to confirm the changes in delivery times and anything else which may alter as result of these change.
4.7. If you require advice in relation to the goods specification, please request before order. 4.8. The price of the Goods and delivery charges are inclusive of VAT unless VAT is shown as a separate element.

5. Orders

5.1. All orders are subject to our acceptance in writing on these terms unless otherwise stated. These terms supersede any recommendations or promises made prior to acceptance.
5.2. Should orders require deliveries in instalments, each delivery shall be under a separate enforceable contract.
5.3. It is to our mutual interest, that all orders be in the written format, we taker no responsibility for any inaccuracies transmitted by telephone.

6. Payment for Goods

6.1. You may pay for the goods and delivery charges by any methods shown within our premises, in our current catalogues or on our websites.
6.1.1. The property of the goods shall pass to the purchaser when Aw Mobbs ltd has received full payment for the goods, until this AW Mobbs ltd remain the owner of such goods.
6.1.2. If you purchase goods from website using a valid credit account (one which has not been cancelled or suspended), payment is due on the last day of the following month in which the goods are delivered.
6.1.3. Elsewise, you must pay for the goods at the time you place your order.
6.1.4. Payments shall not be deemed ‘complete’ until cash has been received or funds have been cleared.
6.1.5. Should you be invoiced wrongly, please contact us immediately, within 21 days of invoice. No interest will be charged upon the disputed part of the invoice.
6.2. If you fail to make payment in accordance with these terms, we may charge interest on any overdue amount from the due date onward, unless disputed.
6.3. If for any reason, you owe us money, we may deduct these sums when calculating what we owe you. Likewise, if we owe you money for any reason, you may deduct sums in calculating any sums you may owe us.
6.4. If you do not pay the correct amount on time, we may recover from you our reasonable costs (including legal costs) and expenses incurred by us in recovering amounts due from you, including any reasonable administration fee incurred if we refer a late/non-payment dispute to our lawyers or collection agents.
6.5. also agrees to personally guarantee the performance of all contracts with Powells Sheet Materials Ltd by the Customer, including any financial obligations arising from any changes in the credit limit of the Account made by Powells Sheet Materials Ltd from time to time. In the event of failure or default, or non-compliance with the Conditions or the terms of any contract, Powells Sheet Materials Ltd has the right to proceed against the signatory personally.
6.6. We will continue to have the rights contained in this clause 7 even after termination of the Contract.

7. Delivery

7.1. All goods are transported under conditions of the RH. A condition of carriage.
7.2. Prior to delivery agreement, a delivery address and relevant information regarding the location must be supplied to enable us to determine whether delivery will be viable, the cost of delivery and the delivery method.
7.3. Delivery dates are given in good faith but are estimates only.
7.4. Prior to delivery of goods, an estimate will be agreed with you.
7.5. Should we be unable to deliver goods to the address provided due to our own fault, we will inform you immediately and provide a refund for the sum of delivery. We take are take no responsibility for any losses to the customer associated with this.
7.6. We shall deliver the goods as near as possible to the delivery address a safe hard road permit. We reserve the right to refuse to deliver the goods to premises considered in the discretion of the driver to be unsuitable.
7.7. Your responsibilities:
7.7.1. Ensuring someone is available to receive the delivery upon the agreed date and time, this person must be over the age of 18 and authorised to accept the goods by signing for them.
7.7.2. Ensuring the delivery can take place by ensuring the correct permissions have been granted by third parties. Obtaining permits, licences, and charges to allow delivery.
7.7.3. Ensuring the delivery location is safe and suitable for delivery.
7.8. Should you not comply with the clause, we are under no obligation to deliver the goods. We will notify you as soon as reasonably possible if the goods cannot be delivered. You will be liable for any additional charges incurred as result of this, including charges for further delivery.
7.9. If the goods are being delivered to a location other than your private property, we will deliver once permission is granted (see 8.4.2.).
7.10. Initial quotations will be produced assuming goods will be delivered in a single trip, should the goods be delivered in instalments you may be charged additionally.
7.11. Delivery charges are estimated assuming goods will be delivered on weekdays between normal working hours. Additional charges may incur should deliveries be requested outside of these periods. We will inform you if this is the case. If you do not wish to pay these charges, you may, prior to the date of delivery, cancel any order which you have made/which has been accepted by us and received a full refund. 7.12. If it is not reasonably possible for us to deliver the Goods within a reasonable period when we arrive at the delivery location, we shall be entitled to refuse to deliver the Goods. In such circumstances, you shall pay the original delivery charge and we shall be entitled to make an additional charge for any re-delivery of the Goods. We shall also be entitled to a reasonable additional charge to reflect the extra services provided if our delivery vehicle is kept waiting for any unreasonable period.
7.13. We are not responsible for any delays outside of our control. Should delays occur due to an event outside of out control we will contact you, taking reasonable steps to reduce the delay. We take are take no responsibility for any losses to the customer associated with this.
7.14. If you do not collect the goods ordered and fail to notify us, we reserve the right to charge you storage costs. Should we not be able to contact you, we may end the contract.
7.15. If we fail to deliver the goods on time, you may end the contract if the goods are unable to be delivered within the delivery deadline.

8. Breakages and Shortages

8.1. When goods are delivered by us, breakages and discrepancies must be noted at the time of delivery and delivery notes amended.
8.2. Goods must conform with your order. If you are not satisfied with the Goods, if they do not conform with your order, if they are damaged or faulty, if they are not of satisfactory quality or are otherwise defective you should reject them on delivery.
8.3. Should a short delivery (of less than the full quantity of Goods ordered) have been made, you must notify us within a reasonable time of discovery of the short delivery.
8.4. We are not responsible for any defects that arise as result of negligence, abnormal working conditions which you subject the goods to, incorrect storage conditions, your alterations and repairs to the goods and failures to follow manuals and instruction correctly.
8.5. We are not responsible for any defects arising from third part involvement. 8.6. Nothing in these Terms will affect the terms of manufacturers’ warranties and guarantees or reduce your statutory rights relating to faulty or Goods that do not comply with the Contract.

9. Warranty

9.1. We warrant the title and the rights to sell the goods. No representation or warranty is given by the company as to the suitability or fitness of the goods for any particular purpose.

10. Returns

Please see our Returns Policy on our website.

11. Cancellations

11.1. Orders may be cancelled at the discretion of the company. Cancellations may not be accepted if the goods have been made to order. We take are take no responsibility for any losses to the customer associated with this.

12. Ownership and Responsibility for The Goods

12.1. You are responsible for the Goods as soon as they have been delivered to the address you gave us or as soon as you collect it from us.
12.2. You will not become the legal owner of the Goods until you pay the full price (in cash or cleared funds) of the Goods.

13. Our Rights to End the Contract
14. We may end the contract with you by writing to you if you:
    14.1. Fail to pay any invoice or any sum under the Contract when it is due and you still do not make payment within 7 days of us reminding you that payment is due, or
    14.1.1. Fail to pay any invoice or any sum under another other Contract with us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due, or
    14.1.2. Fail, within a reasonable time of us asking for it, to provide us with information that is necessary for us to provide the Goods, or
    14.1.3. Fail, within a reasonable time, to allow us to deliver the Goods to you and/or to collect them from us, or
    14.1.4. Fail, within a reasonable time, to allow us access to your premises/the delivery address you have provided to us to allow us to deliver the Goods, or
    14.1.5. Break the Contract in any other serious way and fail to remedy the problem within a reasonable period.
    14.2. If you are declared bankrupt, enter an Individual Voluntary Arrangement with your creditors or break the contract in one or more of the ways set out at Clause 15.1, we shall be entitled to do any one or more of the following (without prejudice to any other right or remedy we may have):
    14.2.1. require payment in cleared funds before we accept any further orders you may make;
    14.2.2. If we end the contract in one or more of the situations set out in Clause 12.1, we will refund any money you have paid in advance for any Goods we have not provided but we may charge you reasonable compensation, including any reasonable legal costs we reasonably incur, for the net costs we incur because of you breaking the contract.
    14.2.3. NON-PAYMENT / INSOLVENCY
    14.2.4. Insolvent means you becoming unable to pay your debts within the meaning of section 123(company) or section 268(individual) of the insolvency act 1986; the levy or the threat of execution of distress on any of your property; the appointment of a receiver or administrative receiver over all or any part of your property; a proposal for a voluntary arrangement or compromise between you and your creditors whether pursuant to the insolvency act1986 or otherwise; the passing of a resolution for voluntary winding up or summoning a meeting to pass such a resolution otherwise than for the purposes of a bona fide amalgamation or reconstruction; the presentation of a petition for your winding up (company) or bankruptcy (individual) or for an administration order in relation to you; if you suffer any analogous step or proceedings under foreign law or you ceasing to pay your debts in the ordinary course of business or ceasing or threatening to cease to carry on your business.
    14.2.5.
    If you fail to pay any invoice or any sum due to us under any contract on the due date or you become insolvent or if there is a material change in your constituent or you commit a material breach all sums outstanding between you and us will become immediately due payable and by signing our credit agreement form, each signatory also agrees to personally, guarantee the performance of all contracts with Powells Sheet Materials Ltd by the Customer, including any financial obligations arising from any changes in the credit limit of the Account made by Powells Sheet Materials Ltd from time to time. In the event of failure or default, or non-compliance with the Conditions or the terms of any contract, Powells Sheet Materials Ltd has the right to proceed against the signatory personally. Should be signed by a director(s), partner(s), company secretary or proprietor of the business.
15. Force Majeure

15.1. In the event that Powells Sheet Materials Ltd are prevented or delayed in carrying out the obligations of this contract as result of causes beyond our control such as, but not limited to: acts of God, governmental intervention or restriction, war, riots, strikes or trade disputes (including by our own employees), power failure, computer failures, fire, flood, default of subcontractors, equipment failures then Powells Sheet Materials Ltd shall be relieved of its obligations and liabilities under contract.

16. Severability

16.1. If any part/s of these conditions are determined invalid, unlawful, or unenforceable to any extent such conditions will be severed from the remaining conditions which will remain valid and enforceable to the fullest extent permitted by law.

17. Notices

17.1. Any notices, consent, notifications, authority, or agreement required or referred to in contract shall be in writing and given to the party for whom it is intended at their given address (Clause 1.3), email or telefax.

18. Jurisdiction

18.1. All contracts between the company and the customer shall be governed and construed in accordance with the English law and all disputed arising in relation to such contract shall be submitted to jurisdiction of the English law.

19. Miscellaneous

19.1. We may transfer out rights and obligations under these terms to other organisations, we will inform you in writing if this is happening and ensure your rights under this contract will not be affected.
19.2. You may only transfer your rights and obligations to another party if we agree in writing. We will not refuse such changes unreasonably.
19.3. The contract is between you and us. No other person shall have the rights to enforce any of these terms.
19.4. If we delay in enforcing a Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking a Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For example, if you miss a payment and we do
not chase you but we continue to provide the Goods, we can still require you to make the payment later.

DATA PROTECTION

19.5.1 if you are an individual or a group of individuals, you agree that we may seek hold and process any information obtained about you as a result of applications you have made to us for credit and/or in connection with this or any other contract or agreement you may have with us.
Use this information for credit assessment purposes to administer and operate the credit account granted to you and to monitor and analyse the conduct of that credit account and to access your credit limit.
We will not disclose any information we hold about you except to licensed credit references agencies, other suppliers and creditors to help us and others make credit decisions, to prevent and detect fraud or other crimes and to trace debtors, on a confidential basis to our agents , to insurance companies for the purpose connected with insurance products that relate or might relate to your credit account , to any person to whom we propose to transfer our rights and/or responsibilities under this contract and to the extent we are required by or permitted to do so by law.

20 GENERAL

20.1 This contract shall be governed and interpreted exclusively according to the law of England and Wales, and you agree to submit to non-exclusive jurisdiction of the English Courts.
We shall not be liable for any breach of contract delay or failure to perform any of our obligations if the breach delay or failure was due to any cause beyond our reasonable control including industrial action.

Website usage terms and conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy (available to view on our website) govern Powells Sheet Materials’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Powells Sheet Materials’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is.

Powells Sheet Materials Ltd

22 Peterley Road

Horspath Industrial Estate

Oxford

Oxfordshire

OX4 2TZ

The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, some personal information may be stored by us.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland, and Wales.

Accuracy

Commentary and other materials posted on this site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.