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General |
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These
Terms and Conditions shall apply to all products and services supplied by
Promec Services. The Customer or a duly authorized representative
of the Customer is required to sign in accordance with these terms and
conditions an order for goods valued over £100. No modifications to these
Terms and Conditions shall have effect unless expressly agreed in writing
by both parties and accepted as amendments to these Terms and Conditions.
Promec Services's Directors are the only authorized body able to
make any alterations whatsoever concerning the provision of products and
services. The Customer confirms and acknowledges that it does not rely on,
and waives any breach of, any such representations that are not so
confirmed in writing.
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Ordering |
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A
written order must be received from the Customer for goods and services
over the sum of £100. Order must be signed by a duly appointed company
representative and sent to the company's postal address or sent by e-mail
or Facsimile. All methods of ordering represents acceptance by the
Customer and confirms your companies commitment. Promec Services
reserves the right to allocate products and or services to other Customers
if the Customer does not confirm the provisional order as above. Provisional
orders can be made by telephone. |
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Payment
terms |
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Full
payment is required contemporaneously with the delivery of the products
and or services, for non Account holders. Promec Services reserves
the right to withhold any delivery not fully paid for. Account holders
have 30 days from the date of invoice to make payment in full. Title to
all goods and services remains the property of Promec Services
until paid for in full. Beyond 30 days there is a late payment fee of £20
and interest is charged at a daily rate of 0.1%. All prices quoted are
exclusive of VAT. |
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Product
suitability |
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It
is the Customer's responsibility to ensure that the product ordered is
suitable for their requirements. All purchasers should have read and
understood these terms and conditions. |
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Product
substitutions |
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Product
substitutions may be made without penalty, providing that the brand name
does not form part of the contract. |
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Cancellations
& Rescheduling |
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If
you wish to cancel or reschedule an order Promec Services, will endeavor
to accommodate your wishes. However, all cancellation and rescheduling
charges incurred by Promec Services
will be charged for as an included item in the original contract, also the
additional administration costs to Promec Services
to vary the order. |
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Warranty
and Liability |
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Except
as may otherwise be expressly provided in these Terms and Conditions
and/or any applicable quotations, all warranties, conditions, terms,
undertakings and representations of any kind whatsoever, express or
implied, whether by statute, common law or otherwise, are hereby excluded
by Promec Services to the fullest extent permitted by law and
Promec Services shall have no other obligation, duty or liability
whatsoever in contract, tort, statute or otherwise to the Customer. |
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Promec Services represents and warrants that the supply of products will
be performed in a professional manner consistent with the professional
standards and the general customs and practices of the Industry. Promec Services further warrants that the services delivered under any
order will conform in all material respects to the written specifications
related thereto. Promec Services maximum aggregate liability for
any and all losses, claims, demands, damages, costs and/or expenses of any
kind whatsoever arising out of or in connection with any order and/or
these Terms and Conditions (whether in contract, tort, by statute or
otherwise) shall not, in total, exceed the amount actually paid by the
Customer to Promec Services for the services which are the subject
of the order in question; provided however only in respect of claims based
solely on Promec Services professional negligence in the
performance of the services deliverable under any quotation, Promec Services total liability shall be limited to the amounts payable
by the Customer to Promec Services for the services which are the
subject of the order in question. For the avoidance of doubt, any
liability of Promec Services for professional negligence shall be
reduced by any other amounts (if any) payable to the Customer under this
paragraph and any amounts due and owing to the Customer for any liability
other than professional negligence shall be reduced by the amount (if any)
of any professional negligence claims payable by Promec Services.
Without prejudice to the generality of the foregoing, Promec Services shall not be liable to the Customer (whether in contract, tort, by
statute or otherwise) for loss of profits and/or in respect of any
incidental, consequential, special or indirect loss or damage arising out
of or in connection with any quotation or order and/or these Terms and
Conditions, including but not limited to: loss of use; loss of goodwill;
loss of data; loss of information; loss of business; loss of goods; loss
of anticipated savings; loss of revenue; and/or downtime. For the
avoidance of doubt, nothing in these Terms and Conditions and/or any
booking form shall restrict and/or exclude in any way Promec Services's ' liability for death or personal injury resulting from the
negligence of Promec Services's, its officers and/or employees;
and/or fraudulent misrepresentation. The Customer is liable for any loss,
damage or injury to Promec Services's staff or their property
which may arise whilst working at the Customer location and is due to
negligence or breach of statutory duty by the Customer. Promec Services's shall, in the event of the unavailability of any member of its
staff, use all reasonable endeavors to provide alternative personnel to
provide the services, but cannot be held liable for its failure so to do. |
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Copyright |
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All
rights reserved. |
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Trademarks |
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All
trademarks are acknowledged. |
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