PPv.org Ltd Home page 7 Talon Court
Eagle Business Park
Yaxley
Peterborough
Cambridgeshire PE7 3FW
+44 (0) 1733 242 497

Saturday 24 June 2017

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You are here   Home T&C's
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Terms & Conditions

General

The following terms and conditions are the terms on which PPV group ltd sells products and services and supersedes all other terms of conditions relating to those products and services.

These terms & conditions apply to all sales by PPV group ltd and any variation to these conditions and any representations about the equipment shall have no effect unless expressly agreed in writing and signed by an authorised representative of PPV group ltd.

All quotations have been produced based on information and scope of works provided by the client. PPV group ltd are not liable for any design aspect of these works. If a full design and specification is required this should be provided by the client.

PPV group ltd have included within the quotation the recommendation and design of the products provided by the manufacturer based on information provided by the client.

PPV group ltd hold no responsibility for the design and manufacture of the products included within the quotation.

Any notice required or permitted to be given by either party to the other shall be in writing addressed to that other party (in case of notice to PPV Group Ltd) its business address or such other address as may be notified by the customer to PPV group ltd.

Description

The quantity and description of the equipment shall be as set out in the quotation.

All drawings, descriptive matter, specifications and advertising issued by PPV group ltd and any descriptions or illustrations contained within its website are issued or published for the sole purpose of giving an approximate idea of the equipment described in them and shall not form part of any quotation.

Unless stated in writing the works will be carried out at the site address stated on the quotation.

Any dates specified within the quotation are intended to be an estimate. If no dates specified within the quotation the delivery and installation will be within a reasonable time.

Price and Payment

PPV group ltd quotations are valid for 90 days and are based on current price information, which is subject to change. VAT is charged at the prevailing rate at the time of the order. Payment terms are as stated on the invoice.

Time for payment shall be of the essence.

No payment shall be deemed to have been received until PPV group ltd has received cleared funds.

The customer shall make all payments due as stated on the invoice without any deduction whether by way of set off, counterclaim, discount, abatement or otherwise unless the customer has authorisation in writing from a PPV group ltd representative.

If the price is not paid by the due date interest shall accrue both before and after judgement on the unpaid portion of the price at the rate of 4%.

Risk/Title

The equipment is at the risk of the customer from the time of delivery. The ownership of the equipment shall not pass to the customer or a lease finance company engaged by the customer until PPV group ltd has received in full all sums due.

Where any equipment is leased by the customer, ownership of the equipment shall not pass to the customer at any time.

During the term of a lease agreement or until ownership of the equipment has passed to the customer, the customer shall: Hold the equipment on a fiduciary basis as the Bailee of PPV group ltd or the leasing company, Not destroy, deface or obscure any identifying mark or packaging on or relating to the equipment and Maintain the equipment to a satisfactory condition and keep it insured on behalf of PPV group ltd or the leasing company for its full price against all risk.

The customer’s right to procession of the equipment shall terminate immediately if: The customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors or convenes a meeting of creditors or enters into liquidation except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof or of intention to appoint ban administrator is given by the customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of schedule B1 to the insolvency act 1986), or a resolution is passed or a petition presented to any court for the winding up of the customer or the granting of an administration order in respect of the customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the customer. The customer suffers or allows any execution, weather legal or equitable, to be levied on his/its property or obtained against him/it fails to observe or perform any of its obligations under the contract or any other contract between PPV group ltd and the customer, or is unable to pay its debts within the meaning of section 123 of the insolvency at 1986 or the customer ceases to trade or the customer encumbers or in any way charges any of the equipment.

PPV group ltd shall be entitled to recover payment for the equipment notwithstanding that ownership of any of the equipment has not passed PPV group ltd.

The customer grants PPV group ltd, its agents and employees an irrevocable licence at any time to enter any premises where the equipment is or may be stored in order to inspect it, or, where the customer’s right to procession has terminated, to recover it.

Where the company is unable to determine whether any equipment is the equipment in respect of which the customer’s right to procession has terminated, the customer shall be deemed to have sold all goods of the kind sold by PPV group ltd to the customer in the order in which they were invoiced to the customer.

On termination of the works, however caused, PPV group ltd (but not the customers) rights contained in this condition shall remain in effect.

Goods

The description and quantity of the goods to be sold shall be as set out in the quotation provided by the Seller and the Buyer.

Delivery

The seller shall deliver or install the Goods to the Buyer’s stated address as shown on the quotation.

Quality

PPV group ltd warrants that on delivery and for a period of twelve months from the date of delivery, the equipment shall be of satisfactory quality and be reasonably fit for purpose within the meaning of the sale of goods act 1979.

Any equipment replaced shall belong to PPV group ltd and any repaired or replacement equipment shall be guaranteed on these terms for the unexpired portion of the twelve months.

Limitation of Liability

All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the sale of goods act 1979) are, to the fullest extent permitted by law, excluded from the contract.

Nothing in these terms and conditions excludes or limits the liability of PPV group ltd: for death or personal injury caused by PPV group ltd negligence or under section 2(3) consumer protection act 1987, or for any matter which it would be illegal for PPV group ltd to exclude or attempt to exclude its liability or for fraud or fraudulent representation.

PPV’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the price and PPV group ltd shall not be liable to the customer for any pure economic loss, loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.

Ownership of the goods

The company shall retain ownership of the goods until they are paid for. If this occurs, the Buyer is responsible for taking reasonable care of the goods whilst they are in their possession.

Cancellation

PPV group ltd shall be entitled to cancel the works if in the sole opinion of PPV group ltd the works cannot be carried out for reasons of health and safety.

The Buyer cannot cancel the order unless the company agrees in writing. If the order is cancelled without the Company’s agreement, the Buyer must pay any reasonable losses and costs if suffered because of the cancellation. If the company cancels the contract, it must pay the Buyer any reasonable losses and costs suffered because of the cancellation.

Force Majeure

PPV group ltd reserves the right to defer the date of delivery or installation or to cancel the works ( without liability to the customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of PPV group ltd including, without limitation, Acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, epidemic, lock outs, strikes or labour disputes (weather or not relating to either party’s workforce) or restraints or delays affecting carriers or inability or delay in delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 day, the customer shall be entitled to give notice in writing to PPV group ltd to terminate the works.

 

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