Prowess Resource Ltd Terms & Condition
The Buyer means any person, firm or company purchasing goods supplied by Prowess Resource.
CONDITION OF SALE
Orders are only accepted subject to the Terms and Conditions set out below. In the event of the buyer’s order form containing special printed conditions, the order for the goods will only be accepted by Prowess Resource on the understanding that those conditions are not at variance with the Terms and Conditions stated herein or, if there is any variance, that such conditions have been waived by the buyer. Prowess Resource reserves the right to refuse to trade with any buyer.
CANCELLATION OF ORDERS
An order which has been accepted by Prowess Resource may not be cancelled by the buyer, unless Prowess Resource are informed in writing and the cancellation is accepted by Prowess Resource in writing . In the case of cancellation the buyer shall indemnify Prowess Resource in full against all loss (including loss & profit), costs, damages, charges and expenses incurred by Prowess Resource. If the original order placed was granted free carriage due to the value of the order and then part cancelled which reduces the order value, then upon part cancellation the standard carriage charge will be levied. Goods which have already been despatched will be dealt with as a standard return as detailed within these Terms and Conditions.
Prices quoted are Net Prices excluding Value Added Tax, this will be applied at the current rate. Prowess Resource reserves the right, without prior notice, to vary any advertised prices in catalogues and elsewhere.
Delivery dates if quoted are given in good faith, are non binding and do not form part of this contract. Prowess Resource cannot be held liable for non-delivery or the late delivery of products for whatever reason, non for the compensation against any loss whether consequential or otherwise arising from non-delivery or late delivery.
Where personal collection of goods has been arranged, the collection must take place within 48hours of the request accompanied by an official order. Any goods not collected
Within this time period will be returned to stock and a restocking fee of 10% will be applied to the buyers account.
DAMAGE OR LOSS IN TRANSIT
In the event of non-delivery the buyer should advise Prowess Resource in writing within 3 days of placing the order. In the event of a shortage the buyer should advise Prowess Resource in writing within 3 days of receipt of the delivery. If damaged goods are received the receipt should be signed "Damaged" and Prowess Resource notified in writing immediately. If this is not adhered to, it may result in your claim being invalid.
Credit Terms (upon completion of a credit application form and subject to a satisfactory credit rating). Payment being due strictly on 30day of invoice date. Automatic Account Hold will be applied on the last day to all accounts with overdue balances. Goods will not be despatched to accounts with Account Hold applied. In the event of credit terms being abused, credit facilities may be withdrawn at the discretion of Prowess Resource without prior notice. Prowess Resource reserves the right to charge interest on overdue accounts at the rate of 1% per calendar month from the due date of payment to the receipt of payment.
No returns will be accepted without prior consent from Prowess Resource. Upon request a Returns Merchandise Authorisation (RMA) Form will be supplied to the buyer to complete and return. Instructions for Prowess Resource return procedures are detailed on the RMA form, a copy of which is available upon request. These instructions must be carried out in full, otherwise goods will be refused. Merchandise will be authorised for return by way of the buyer receiving an authorisation number from authorised Prowess Resource personnel. Goods returned for credit must be in a saleable condition and complete with all manuals, components and undamaged original packaging, any software seals (if applicable) must not have been broken. Damaged or incomplete goods shall not be credited.
Goods being returned as faulty where no fault is found will incur a handling charge. This handling charge is calculated as either an amount of £10 being a minimum charge, or 20% of the invoice value (whichever is the greater). The handling charge will be deducted from the value of the credit note or invoiced to the customer’s account which ever is applicable.
Goods being returned due to a mistake on the part of the Buyer will incur a handling charge. This handling charge is calculated as either an amount of £10 being a minimum or 20% of the credit value (whichever is the greater). The handling charge will be deducted from the value of the credit note.
Acceptance of returns due to buyer error will at the discretion of Prowess Resource. Goods will only be accepted when Prowess Resource are notified within7 days of original invoice date.
Goods that have been specifically made, modified or purchased for the buyer shall not be credited, unless there has been an error on behalf of Prowess Resource.
SPECIFIC CONDITIONS OF SALE
Title of the goods sold on the invoice does not pass to the buyer until Prowess Resource has received payment in full for the goods and if the buyer purports to sell the goods before payment, the proceeds from the sale shall belong to Prowess Resource, unit payment in full for the goods has been received from the Buyer or otherwise.
After delivery of the goods to the buyer and pending payment, the buyer shall hold the goods as the bailee for Prowess Resource at the buyer’s risk, and Prowess Resource shall always be entitled to call for the return of the goods or payment in full (in cases such as loss, damage, etc).If the risk and title of the goods has passed to the buyer and the goods are subsequently returned to Prowess Resource for whatever reason, the risk of the goods will not pass from the buyer to Prowess Resource until the goods are signed for by authorised personnel at Prowess Resource.
Prowess Resource may terminate the contract immediately if the customer has insolvency or bankruptcy proceeding instituted against it or has a receiver, manager or administrative receiver appointed over any of its assets or suffers similar occurrence of any jurisdiction; or if buyer breaches the contract. The termination of the contract will be without prejudice to the rights and duties of either party accrued prior to termination.
EXCLUSION OF LIABILITY
Save as provided under the section headed WARRANTY herein, Prowess Resource shall not be under any liability whether in contract, tort or otherwise and whether or not resulting from the negligence of Prowess Resource or that of Prowess resource employees, servants or agents, in respect of goods delivered or for any damage or loss resulting from use of goods.
Prowess Resource shall not be under liability for any damage or loss arising or said to arise from the use of any of the products sold.
GOVERING LAW AND JURISDICTION
This contract shall be governed by English Law and the English Courts shall have exclusive jurisdiction to settle any dispute arising from this contract.