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Phoenix Precision Paints Ltd.
General Terms and Conditions Of Business
Definitions
and Interpretation
1. In
these terms and conditions, unless expressly stated otherwise:
1.1 “Phoenix”
means Phoenix Precision Paints Limited (company number 3742705)
whose registered office is at 13 Orwell Court, Wickford, Essex SS11
8YJ. And or any associated company or companies.
1.2 “the
Goods” means any goods offered for sale by Phoenix to you from
time to time;
1.3 “the
Price” means the price for the Goods, as contained in Phoenix’s
current price list as modified from time to time;
1.4 “you,
your” means the person, corporation or other body to whom Phoenix
is providing the Goods in the ordinary course of business subject to
these terms and conditions;
1.5 the
clause headings do not form part of these terms and conditions and
shall not be taken into account in their construction or
interpretation;
1.6 words
importing one gender shall include all genders and words importing
the singular shall include the plural and vice versa;
1.7 any
reference to a statutory provision shall be deemed to include a
reference to any statutory modification or re-enactment of it.
Conditions
2.1 These
conditions shall apply to all contracts for the sale of the Goods by
Phoenix to you to the exclusion of all other terms and conditions and
any representations or warranties either written, oral, or implied
made by or on behalf of Phoenix.
2.2 No
variation or addition to these terms and conditions shall be
effective unless agreed in writing by Phoenix.
2.3 No
contract for the sale of goods shall arise until you notify Phoenix
in writing of your acceptance of Phoenix’s written quotation and
you have paid in full any deposit referred to in the same.
2.4 Your
statutory rights will not be affected by anything contained in these
terms and conditions.
Price
3.1 Unless
otherwise agreed between you and Phoenix, Phoenix’s written
quotation shall be based upon the Price.
3.2 Phoenix
reserves the right to revise the Price prior to delivery of the
Goods but if you have paid the Price in full prior to delivery of
the Goods, then Phoenix will not revise the Price without obtaining
your prior written consent.
Payments
4.1 All
invoices will be submitted in pounds sterling.
4.2 All
invoices shall be paid in full by no later than 30 days from the date
of the invoice. Time for payment shall be of the essence and any
failure to pay by you shall entitle Phoenix at its discretion and in
addition to all other remedies available to it at law to treat its
contract with you as having been canceled by you.
4.3 Phoenix
shall reserve the right to charge you interest calculated at the
annual rate of 8% above the published base rate of Barclays Bank Plc
on all or any part of the Price or upon any other sum payable by
virtue of these terms and conditions from the date the same shall
have become due until the date of actual payment.
4.4 All
invoices shall be paid in full, free from any deduction or any set
off, counterclaim or otherwise howsoever arising.
Warranty
5. Phoenix
warrants that the Goods will at the time of delivery correspond to
the description given by Phoenix. All other warranties, conditions
or
terms relating to fitness for purpose, merchantability or condition
of the Goods, whether implied by statute, common law or otherwise
are excluded to the extent that the law allows
Delivery
6.1 Delivery
of the Goods shall be made to your address as specified by you in
writing and you shall make all arrangements necessary to take
delivery
of the Goods.
6.2 Whilst
every reasonable effort shall be made by Phoenix to honour
any specified delivery date, time of delivery shall not be of the
essence and Phoenix shall not be liable for any losses, costs,
damages or expenses incurred by you arising directly or indirectly
out of any failure to meet
such
estimated delivery date.
6.3 Without
prejudice to the provisions of clause 6.2, Phoenix shall not in any
circumstances be liable for the consequences of:
6.3.1 any
delay in delivery where the duration of the delay is not substantial;
6.3.2 any
failure to deliver the Goods which is due to an act of god,
industrial action, inclement or exceptional weather conditions or
any other cause whatsoever which is beyond Phoenix’s control or of
an unexpected or exceptional nature.
6.4 Delivery
and export charges will be reflected in the Price in accordance with
Phoenix’s current delivery charges policy as modified from time
to
time.
Property
and Risk
7.1 Risk
in the Goods shall pass to you upon your acceptance of Phoenix’s
written quotation.
7.2 Phoenix
shall remain the owner of the Goods until you have paid the Price in
full.
7.3 You
must inspect the Goods immediately upon delivery and notify Phoenix
if the Goods are damaged or do not comply with Phoenix’s
description of them within seven days of delivery, failing which you
shall be deemed to have accepted the Goods.
No
Waiver
8. Phoenix’s
failure to insist that you perform any of your obligations under
these terms and conditions shall not be deemed to be a waiver of
its rights or remedies in respect of any present or future default by
you.
Liability
9. The
liability of Phoenix under these terms and conditions shall at all
times be limited to the Price.
Dispute
10. Any
dispute arising out of or in connection with these terms and
conditions shall be referred to and finally resolved by arbitration
in accordance with the provisions of the Arbitration Act 1996.
Governing
Law
11. These
terms and conditions shall be governed by and construed in
accordance with English law.