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Terms and Conditions

PLASTIC PIPE SHOP LTD - Trading Terms and Conditions

1 GENERAL

 “Seller” shall mean PLASTIC PIPE SHOP LTD, Registered in Scotland

under number SC445429. “Buyer” shall mean any company,

organisation or individual to whom a quotation is offered, or

whose order is accepted by the Seller.

2 CONDITIONS

 All offers, quotations, estimates, acceptances and contracts

are subject to these Conditions of Business and any terms or

conditions which any other person shall seek to impose or

make part of any contract shall, so far as is inconsistent with

these Conditions of Business, not apply unless expressly agreed

by the Seller in writing. The headings in these conditions are for

convenience only and shall not affect their interpretation unless

expressly agreed by the Seller in writing. The headings in these

conditions are for convenience only and shall not affect their

interpretation.

3 ELECTRONIC TRADING

 If the Seller and Buyer agree that electronic trading between

them shall be a basis for ordering processing and invoicing then

these terms and conditions shall apply subject to any special

terms and conditions terms which are specific to electronic

trading and which have been agreed by the parties in writing.

Electronic orders shall be valid if all the information agreed

between the Buyer and Seller as being required is properly set

out in the agreed format and the order is transmitted by the

Buyer to the Seller by reference to the correct identification

code and is received by the Seller when collecting its electronic

mail from the relevant system.

4 QUOTATION

(a) A quotation by the Seller does not constitute an offer and the

Seller reserves the right to withdraw or amend the same at any

time prior to the Seller acceptance of the Purchaser’s order.

(b) Unless stated otherwise, all quotations and published price lists

are ex works, exclusive of VAT and shall remain valid for 30

days or such a period as may be quoted but nevertheless the

Seller may amend or withdraw any quotation by written or oral

notice. Quotations may be varied if the Buyer makes variations

in his specifications.

5 PRICES

(a) The Seller will endeavour to ensure that all prices on display/

provided to Buyer are correct and up to date. However, should

a Buyer place an Order using an incorrect price then the Buyer

agrees that the Seller may substitute the incorrect price set out

in the Order for the correct price standard price, as appropriate

and charge accordingly.

(b) The Seller shall be entitled at any time by giving notice in

Writing, before or after final invoicing to make a reasonable

adjustment to the price in the event of any alteration in

quantity, design or specification requested by the Buyer.

(c) The Seller reserves the right at any time prior to delivery by

giving notice in Writing to increase the price if there is any

increase in cost of materials, labour, transport or utilities or if

the costs of the Seller are increased by any other factor beyond

the reasonable control of the Seller.

6 DELIVERY

(a) Except where stated to the contrary in the contract, delivery

shall be made as follows:

(i) where the Buyer provides the transport, delivery shall be made

ex the Seller’s works;

(ii) where the Seller provides the transport, delivery shall be made

to the premises of the Buyer, or the premises of the Buyer’s

customer or works site if the Buyer has requested delivery

to be so made but where the Buyer has made such a request

the Seller will make a first delivery to the Buyer’s customer or

works site as so much of goods as is available for that delivery

but subsequent deliveries will be made to the premises of the

Buyer.

(b) Unless otherwise expressly agreed in Writing the Seller may

effect delivery in one or more instalments. Where delivery

is effected by instalments, the instalment shall be treated as

a separate contract governed by these conditions. No delay

in the delivery of any instalment of Products or any defect

therein shall entitle the Buyer to terminate the remainder of the

contract.

(c) Where goods are sent FOB the Seller’s responsibility shall cease

when the goods are placed on board ship or aircraft without

the need for the Seller to give notice to the Buyer and the

provisions of Section 32(3) of the Sale of Goods Act 1979 shall

not apply.

7 RISK AND TITLE

(a) Risk of damage to or loss of the Products shall pass to the Buyer

upon delivery and the Buyer is then solely responsible for all

loss damage or deterioration to the Products.

(b) Title to the Products shall not pass to the Buyer until either:

(i) the Seller has received in cash or cleared funds all monies

payable (whether or not due) to the Seller under this and any

other contracts whenever made between the Seller and the

Buyer including contracts made after this contract; or

(ii) when the Seller serves on the Buyer notice in Writing specifying

that title in the Products or any part thereof has passed.

(c) Until title has passed to the Buyer the Seller may require the

Buyer to deliver up to the Seller all Products in respect of which

the Seller has title and if the Buyer fails to do so forthwith the

Buyers officers, employees, representatives or agents shall be

entitled to enter upon any premises where such Products are

kept for the purposes of recovering the same.

 

(d) Until title the Products has passed to the Buyer pursuant to

these conditions it shall possess the Products as fiduciary agent

and bailee of the Seller and shall store the Products separately

from other goods not owned by the Seller and shall ensure that

they are fully insured on all risks basis and clearly identifiable

as belonging to the Seller and the Seller shall be entitled to

enter upon any premises where such Products are kept for the

purpose of satisfying itself that this condition is being complied

with by the Buyer.

8 TERMS OF PAYMENT

(a) Unless otherwise agree by the Seller in Writing, the Buyer

shall make payment by the last day of the month following

the month of invoice and the Seller shall be entitled to issue

invoices in the month in which the Products are delivered or

would have been delivered, save for postponement or delay

otherwise than due to default on the part of the Seller. Time for

payment of the price is of the essence of the contract.

(b) No disputes arising under this contract shall serve to permit

payment by the Buyer of sums due to the Seller to be delayed

nor shall disputes interfere with prompt payment in full. The

Buyer shall not be entitled to make any deduction from or set

off against any sums owing to the Seller by reason of any such

dispute or at all.

(c) In the event of default in payment by the Buyer and Seller shall

be entitled, without prejudice to any other right or remedy;

(i) to suspend without notice all further deliveries on this or any

other contract between the Seller and the Buyer.

(ii) to charge interest on a daily basis (after as well as before

judgement) on any amount outstanding at the rate of 4% above

the Base Rate of HSBC Bank from time to time: and/or

(iii) to serve notice on the Buyer requiring immediate payment

for all goods supplied by the Seller under this and all other

contracts between them whether or not payment is otherwise

due or invoiced.

9 SHORTAGES AND DEFECTS APPARENT ON DELIVERY

(a) It shall be the responsibility of the Buyer to inspect or arrange

for an inspection of the goods on delivery whether the goods

are delivered to the Buyer’s premises or to the premises of the

Buyer’s customer or to a works site. If no such inspection is

made the Buyer shall be deemed to have accepted the goods.

(b) The Buyer shall have no claim for shortages or defects apparent

on inspection unless:

(i) a written complaint is made to the Seller within three days of

receipt of the goods specifying the shortage or defect; and

(ii) the Seller is within seven days of receipt of the complaint given

an opportunity to investigate the complaint before any use is

made of the goods.

(c) If a complaint is not made to the Seller as herein provided

then in respect of such shortages or defects the goods shall be

deemed to be in all respects in accordance with the contract

and the Buyer shall be bound to pay for the same accordingly.

10 CLAIMS FOR DEFECTS NOT APPARENT ON INSPECTION

(a) The Buyer shall have no claim for defects not apparent on

inspection unless the Seller is notified in Writing of defective

workmanship or materials within twelve months from delivery

of the goods. Provided that the goods have been installed and

applied in accordance with any relevant recommendations

made by the Seller, the Seller will at its option replace the

goods or refund the net invoiced price in respect of the goods

which have been shown to be defective. If the Seller does so

supply substitute goods the Buyer shall be bound to accept such

substituted goods in full satisfaction of the obligations of the

Seller under the contract.

(b) The Buyer shall in any event have no claim or off-set in respect

of defects unless a written complaint is sent to the Seller as

soon as the defect is noticed and no use is made of the goods

thereafter or alteration made thereto by the Buyer before the

Seller is given an opportunity to inspect the goods.

(c) The Buyer is responsible for ensuring that the goods are fit for

any particular purpose, and no warranty or condition of fitness

for any particular purpose is to be implied into the contract.

11 WARRANTY

(a) The Seller warrants that Products which do not comply with

Sections 13 to 15 of the Sale of Goods Act 1979 (as amended)

are shown to have been defective at delivery as a result of

faulty design workmanship or materials (other than free-issue

materials), shall either be repaired or replaced or that, at the

Sellers option, a credit or refund for the price thereof shall be

given provided always that:

(i) the Seller receives written notice of the defect within 12 months

of delivery;

(ii) no alteration to or interference with the Products takes place

before the Seller is given access to the Products to inspect and

test the same;

(iii) the defect does not consist of a loss shortage or damage to

which Clause 9 is expressed to apply;

(iv) the defect does not arise by reason of a design specification or

instruction given by the Buyer;

(v) the Buyer has not defaulted in its obligation to make payment

of the contract price for the Products;

(vi) the defect shall not be attributable to incorrect storage or use of

the Products by the Buyer

(vii) the Buyer shall indemnify the Seller in respect of loss or

damage arising from any use made of Products after the Buyer

became or ought reasonably to have been aware of a defect

(b) In the event of a valid claim being made in accordance with

Clause 11a;

(i) the Buyer shall be bound to accept repaired or replacement

Products or at the Sellers option credit or repayment and shall

not be entitled to terminate the contract.

 

12 LIABILITY

(a) The Seller does not exclude liability arising under Section

12 of the Sale of Goods Act 1979 (good title) (as amended)

or for death or personal injury caused by its negligence as

defined in the Unfair Contract Terms Act 1977, fraudulent

misrepresentation or any other type of liability which cannot

by law be excluded or limited.

(b) Save as provided under Clause 9, 10 and 11. A Seller shall have

no liability to the Buyer in connection with or arising from any

defect or failure in the Products or otherwise due to the quality,

condition, suitability, durability, safety or any aspect or feature

of the Products. The Sellers liability, whether in respect of one

claim or in the aggregate, shall not exceed the contract price

payable under this contract for the supply of Products to be

provided under it. The price of the Products is predicted on

the basis of the limitation of the Sellers liability is therefore

reasonable in all the circumstances. The Buyers agrees that it

is its own responsibility to insure adequately to cover any loss

or damage in excess of the aforesaid limit of the Sellers liability.

Subject to reaching agreement on terms, the Seller and the

Buyer may determine an increased level of liability which is

to be accepted in Writing by the Seller to cover, in particular

specific types of loss or damage which both parties reasonably

foresee and anticipate.

(c) In Clause b the term ‘liability’ means any form of liability

whatsoever including but not limited to liability in

misrepresentation and under contract, common law, equality

and any statutory provision whether or not based on negligence

or breach of any express or implied duty to act with care or skill.

(d) Notwithstanding any other provisions of these conditions the

Buyer shall have no claim against the Seller in respect of any

loss.

13 FORCE MAJEURE

 Notwithstanding anything herein contained neither the Buyer

nor the Seller is to be held liable for any delay or failure to carry

out the contract due wholly or in part to an act of God action

by any Government British or foreign civil war strikes and/or

lockouts where soever occurring fire trade disputes floods or

unfavourable weather or any material becoming unavailable

or irreplaceable (whether at all or at commercially acceptable

prices) or any other circumstances beyond the control of the

Seller.

14 INSOLVENCY AND BREACH OF CONTRACT

 In the event that;

(a) the Buyer commits any breach of the contract and fails to

remedy such breach (if capable of remedy) within a period

30 days from receipt of a notice in writing from the Seller

requesting such remedy; or

(b) any distress or execution is levied upon any of the goods or

property of the Buyer; or

(c) the Buyer offers to make any arrangements with or for the

benefit of its creditors or (if an individual) becomes subject to

a petition for a bankruptcy order or (being a limited company)

has a receiver appointed of the whole or any part of its

undertaking property or assets; or

(d) an order is made or a resolution is passed or analogous

proceedings are taken for the winding up of the Buyer (save

for the purpose of reconstruction or amalgamation with

insolvency and previously approved in writing by the Seller)

the Seller shall thereupon be entitled without prejudice to

its other rights hereunder forthwith to suspend all further

deliveries until the default has been made good or to determine

the contract and any unfulfilled part thereof or at the Seller’s

option to make partial deliveries. Notwithstanding any such

termination the Buyer shall pay to the Seller at the contract

rate for all the goods delivered up to and including the date of

termination.

15 INDUSTRIAL PROPERTY RIGHTS

 If goods supplied by the Seller to the Buyer’s design or

specifications infringe or are alleged to infringe any patent or

registered design right or copyright the Buyer will indemnify

the Seller against all damages, costs and expenses incurred

by the Seller as a result of the infringement or allegation.

The Buyer will give the Seller all possible help in meeting any

infringement claim brought against the Seller.

16 BUYER’S ERROR IN ORDERING

 In the event the Buyer orders incorrectly the Seller will be

under no obligation to the Buyer to rectify or assist in rectifying

the error.

17 COMPANY LITERATURE

 The information contained in the advertising, sales, technical

and other literature issued by the Seller may be relied upon to

be accurate in the exact circumstances in which it is expressed

otherwise any illustrations performance details examples

of installations and methods of assembly and all other

information and data in such literature are based on experience

and upon trials under test conditions and are provided for

general guidance only. No such information or data shall form

part of the contract unless it is specifically referred to in the

Quotation.

18 LAW AND JURISDICTION

 The contract shall be subject in all respects to Scottish Law and

to the jurisdiction of the Scottish Courts.