Terms and Conditions
We have a legal obligation to make you aware of the following but please be assured that we will always deal with your requests or complaints in a fair and equitable way.
When you place an order this acknowledges your acceptance of these terms and conditions.
TERMS AND CONDITIONS OF SALE
1. APPLICATION (a) All business accepted by us the Seller is subject to the following terms which shall be incorporated in and shall constitute the whole of the agreement between the Seller and you the Buyer as at the date of despatch of the contract goods from our premises to the exclusion of all other agreements (whether oral or written) or documents passing between the parties prior to such date. (b) In the event of any conflict between the foregoing terms on the one hand and the conditions of business of the Buyer on the other hand the foregoing terms shall prevail except to the extent that any departure there from has been agreed in writing signed by a director on the Seller's behalf. The foregoing terms shall come into force on the Seller's acceptance of an order and apply to all orders. The waiver by the Seller of any breach of any of the foregoing terms or any forbearance or indulgence shown by the Seller shall not prevent the subsequent enforcement of the term in question and shall not be deemed to be a waiver of any subsequent breach.
2. PRICES AND QUOTATIONS (a) All prices quoted are estimates only and are valid for 14 days only and in any event are subject to adjustment upwards, to the prices ruling on the date of despatch. All prices quoted are exclusive of VAT unless otherwise stated. Clerical and typing errors are subject to correction. Once an order has been accepted any quotation given shall lapse. (b) A contract is made once the Seller accepts an order but the Seller reserves the right at any time by giving notice to the customer without explanation to: (1) Refuse to accept an order (2) Cancel an order (3) Suspend deliveries against an order (4) Refuse cancellation of an order. No variation of an order will be recognised unless otherwise agreed by the Seller in writing.
3. DELIVERY (a) Any delivery date quoted by the Seller shall be an estimate only and unless otherwise agreed in writing and duly signed on behalf of the Seller time shall not be of the essence in delivery and the Buyer shall not be entitled to damages or loss howsoever arising as a result of the Seller's failure to deliver by any specified date or to any location. (b) Delivery shall be taken by the Buyer within such period (if any) required by the Seller and notified to the Buyer. In default of acceptance of delivery as aforesaid the Seller shall if it thinks fit and if its storage facilities permit store goods which are subject of the order and take all reasonable steps to prevent deterioration until actual delivery but the Buyer shall be liable to the Seller for the Seller's reasonable costs in respect thereof. The storage of such goods shall be at the absolute discretion of the Seller and this condition shall not affect in any way other legal remedies of the Seller in connection with the Buyers failure to take delivery at the appropriate date. (c) Subject to 6 (d) hereof delivery shall be made by the Seller to the premises of the Buyer without charge if the Buyer's premises fall in the Seller's delivery van area as may be from time to time defined by the Seller. Deliveries outside such area may be charged for by the Seller at its discretion. (d) Where goods are specially ordered and a carriage charge is incurred by the Seller, the Seller reserves the right to pass on this charge to the Buyer. (e) Should the Applicant fail to object to any item appearing on the suppliers statement within 14 days of date of despatch of statement, the amount shall be deemed to be in order and the Applicant be deemed to have received delivery of each and every item appearing on such statement in good order and condition.
For further information on delivery, see our Delivery page.
4. BREAKAGES AND DAMAGES The Buyer is required to inspect goods for shortages or apparent defect and damage at the time of delivery. Claims in respect thereof will not be accepted where the Buyer (or anyone apparently having its authority to do so) has signed a delivery note accepting the warranty and condition of the goods. Claims for shortages, defects or damage in other respects must be made in writing to the Seller within 24 hours of delivery of advice note by the Seller or its supplier (in which respect time shall be of the essence).
5. DESCRIPTION Where goods are ordered from the Seller's current catalogue it is hereby agreed that the Seller cannot accept responsibility howsoever caused arising from any errors of omissions, misdescriptions or illustrations contained in or referred to in the catalogue. The Seller reserves the right to make any deletions, alterations, amendments or additions to such catalogue without notice.
6. DEFECTIVE GOODS (a) The Seller is not a manufacturer. Where goods sold by the Seller are the subject of manufacturer's warranty the Seller shall extend such warranty to the Buyer for the duration thereof provided that the Buyer does not in any way invalidate such warranty and any complaint relating to the goods is notified to the Seller in accordance with these Terms and Conditions. (b) The Seller shall on request endeavour to give the Buyer the best assistance and guidance but in view of the range of the Seller's products and the uses to which they may be put it is the Buyer's responsibility to ascertain, quality, fitness, suitability and durability. (c) The Seller shall not be liable under this agreement or in any other way for any loss of profit consequential loss or damage howsoever arising by act or omission of the Seller or defects in goods sold by the Seller. (d) The Seller shall not in any event be liable to the Buyer or any Third Party for any damages arising from any breach of this agreement in excess of the price charged by the Seller to the Buyer for the goods or services, complained of. (e) Where despite the terms of these conditions the Seller is liable to the Buyer or any Third Party for damages in excess of the price of the goods or services complained of the Buyer shall indemnify the Seller against its liability to pay any such excess.
7. RETURNS At Power Discount we want to make sure you have the right product, quickly and at the right price. However we know sometimes mistakes happen or items can be faulty so we want to ensure that we make things as easy as possible for you to return items to us.
- All faulty returns are FREE (or for larger items, a prepaid courier label)
- You can return anything to us for any reason, even if you just didn't like it. Items can be opened but must be resalable.
- You can return things to us up to 14 days after delivery.
- If you opt for a replacement, one will be sent out as soon as possible.
- If you opt for a refund, a full refund including your postage will be issued as soon as possible.
For further information on our returns, please see the returns policy.
8. TITLE The risk in any goods sold by the Seller to the Buyer shall pass on delivery but the title to any such goods shall not pass until the purchase price thereof has been received by the Seller. The Seller may recover or re-sell such goods or any part thereof in any of the following events: (i) If the Seller has not received any payment for the goods by the due date or (ii) If before the due date the Buyer commits an act of bankruptcy or has a Receiver appointed over all or any part of its business or a petition issued or a resolution passed for the winding up of the Buyer or upon the commencement of any other act or proceeding in which the Buyer's solvency is involved or (iii) If before the due date the Buyer ceases or threatens to cease carrying on his business. And in any exercise of this right to recovery the Seller shall have the right to go upon any premises occupied or used by the Buyer or where the goods (or any of them) are situated and even if the goods have been attached or connected to any other goods, products, plant or machinery which are readily removable the Seller may remove the same. Until the Seller had been paid in full the relationship of the Buyer to the Seller shall be fiduciary and the Seller shall have the right to trace the proceeds of any disposal of the goods by the Buyer or of any insurance covering the same which shall be paid into a separate new account and not into any overdrawn account.
9. FORCE MAJEURE In the event of war, invasion, act of foreign enemy hostility (whether war has been declared or not), rebellion, civil war, revolution, insurrection or military or usurped power the Seller be relieved of liabilities incurred under any contract with the Buyer relating to the purchase of the Seller's goods wherever and to the extent to which the fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event or by any Statute, Rules, Regulation Orders or Requisition issued by any Central or Local Government or other competent authority or by reason of strikes, lockouts, breakdown of plant or other causes (whether or not of a like nature) beyond the Seller's control.
10. GENERAL The Buyer and the Seller agree that the limitation and exclusions incorporated herein are reasonable in all circumstances but it is agreed that of any such limitation or exclusion would by operation of law be adjudged to be void as going beyond what is reasonable for the protection of the Seller's interest but would be valid if part of the wording was deleted or the extent and scope thereof reduced the said limitations and exclusions shall apply with such modifications as may be necessary to make them valid and effective.
11. JURISDICTION This agreement shall be governed by and adjudicated under English law only. All contracts to which these Terms and Conditions apply shall be deemed to have been made at the Seller's Office located at 30-34 North Street, Hailsham, East Sussex, BN27 1DW.
13. CUSTOMER DETAILS We do not store credit card details nor do we share customer details with any 3rd parties