Terms & Conditions

Pilkington's Manufacturing Ltd

Standard Conditions of Sale

1. Definitions

‘Buyer’ – means the person who accepts a quotation of the Seller for the sale of the Goods or agrees to buy the Goods from the Seller.

‘Conditions’ – means the standard terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

‘Contract’ – means the Contract for the sale and purchase of the Goods.

‘Goods’ – means the tiles and other products (including any instalment of the Goods)) which the Buyer agrees to buy from the Seller.

‘Order’ – means the order in writing or by electronic means by the Buyer for the Goods.

‘Price’ – means the price for the Goods excluding (where applicable) carriage, packing, insurance and Value Added Tax.

‘Seller’ – means Pilkington’s Manufacturing Limited, Unit 2 Castlehill Industrial Estate, Horsfield Way, Bredbury, Stockport.

‘Writing’ – including letter, EDI, facsimile transmission, and comparable means of communication.

Any reference on these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

 

2. Conditions Applicable

These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.

All orders for goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant of these Conditions.

Acceptance of the delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

Any variations to these Conditions (including any special terms agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

Any typographical, clerical or other error of omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

 

3. Contract

Contracts with the Seller shall be for the supply of the Goods.

Each contract between the Seller and the Buyer shall consist of the Order, the Conditions and such other express terms as the Seller and the Buyer shall agree in writing.

In the event that:

• the terms of the order are in conflict with any of the Conditions, the Conditions shall prevail.
• the express terms of a Contract are in conflict with any of the Conditions, the Conditions shall prevail.

The buyer acknowledges that he has not been induced to enter into the Contract by any representation made by or on the behalf of the Seller other than those contained in the Contract.

 

4. Quotations and Prices

The Buyer will be invoiced by the Seller at the Seller’s price ruling at the sale of the despatch of the Goods.

Prices quoted in the Seller’s quotations or price lists:

• are those then current and shall not be binding on the Seller.
• do not include Value Added Tax or any other tax, levy, duty or surcharge whether imposed before or after making the Contract.

Smaller orders. Any Order of less than 500kg in weight (approx 25m) will incur an additional handling charge.

 

Subject to paragraphs 4.4 and 4.5 prices include packaging and are consigned free and carriage paid to the Buyer’s delivery address.

Packaging and postage or carriage may be charged extra where the Goods consigned by the Seller by post, rail, road freight or by special delivery.

 

5. Catalogues Etc.

Any description of the Goods appearing in the Seller’s catalogues, brochures and other publications is believed to be correct and current but is not warranted by the Seller.  In so far as any such publication has been compiled from information supplied to the Seller by any manufacturer or supplier of any such goods the Seller accepts no responsibility for the accuracy of any such description.

 

6. Designs

The specifications and designs of the goods (including copyright, design right, or other intellectual property in them) shall be the exclusive property of the Seller.  The Buyer shall not copy nor cause to be copied or reproduce nor cause to the reproduced such specifications and designs.

 

7. Specification and Material

All Goods manufactured and supplied in accordance with the Seller’s designs and specifications current at the date of commencement of manufacture of the Goods.

All tiles will be supplied in accordance with relevant current British and European Standards.

Goods will be made from the Seller’s standard materials but, if for any reason, such materials are unavailable, the Seller reserves the right to substitute the most suitable alternative that can be obtained at the time of the manufacture.

Some variations in size, shape, shade and pattern are inherent in the manufacture of tiles and the Seller accepts no liability therefore.

Tiles supplied by the Seller are not guaranteed against crazing.

The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

 

8. Warranties and Liability

Subject to the conditions set out below or in these Conditions, the Seller warrants that the Goods will correspond with their specification at the time of delivery.

The above warranty is given by the Seller subject to the following conditions:

• The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
• The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval;
• The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date of payment.
• The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.

Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions Restrictions on Statements) Order 1976 the statutory rights of the Buyer are not affected by these Conditions.

Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 3 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.  If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or Condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer, the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representative, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in conjunction with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these conditions.

The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s control:

• Act of God, explosion, flood, tempest, fire, accident, or terrorism
• War or threat of war, sabotage, insurrection, civil disturbance or requisition.
• Acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
• Import or export regulations or embargoes.
• Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party).
• Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
• Power failure or breakdown in machinery.

 

9. Tiles to the Buyer’s Specifications

Where the Seller supplies Goods to a Buyer in accordance with the Buyer’s specifications, any addition or alteration shall be subject to an extra charge and the Buyer shall indemnify the Seller against all damages, penalties, costs and expenses to which it may become liable through the infringement of the rights of third parties.

 

10. Delivery

 All Goods supplied by the Seller shall be delivered to the Buyer at the address specified in the Order (“the place of delivery”).  The Buyer shall make all arrangements as necessary to take delivery of the Goods when they are tendered for delivery.

Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in the delivery of the Goods howsoever caused.  Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.  The Goods may be delivered by the Seller in advance of the quoted delivery date.

Where the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by any reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:

• Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
• Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

 

11. Shortage, Damage and Non-delivery

No claim against the Seller for shortage, damage in transit or non-delivery will be entertained unless:

• (Except in the case of the British Road Services parcel where notification need only be given to the Seller) shortage of or damage to the Goods is reported in writing to the Seller and the carrier within three days of delivery.
• Non-delivery of Goods is reported in writing to the Seller and the carrier within three days of the date of despatch as invoiced to the Buyer.

 

12. Non-acceptance of Delivery

If the Buyer fails to take or accept delivery of the Goods in accordance with Condition 10 hereof, the price shall nevertheless be paid in accordance with Condition 13 as if delivery had taken place.  The Seller shall be entitled to charge the Buyer for storage, insurance and other expenses reasonably incurred or suffered by the Seller as a result of such failure but the Seller shall not be bound to take any steps for the custody or the care of the Goods or be liable for any loss or damage suffered by the Buyer arising therefrom.

 

13. Payment

Except where a credit account has been opened for the Buyer by the Seller, payment of the Price and Value Added Tax shall be made by cleared funds prior to the Goods being delivered against a proforma invoice.

Credit account invoices are due for payment on the last day of the month following that in which the invoice is dated, or as agreed between the Seller and the Buyer.

Compound interest at the rates as published in the Late Payments Finance Act per calendar month from the date of the invoice is payable if demanded on all invoices upon which payment is due.

Payment of credit account invoices by their due date is a condition precedent to the fulfilment of the Seller’s further obligations under the Contract in respect of which such default has been made or any other Contract then subsisting between the Seller and the Buyer.

 

14. Passing of Property and Risk

The risk in the Goods supplied by the Seller shall pass to the Buyer on delivery to the place of delivery.

Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleaned funds for payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.  Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.

Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

The Buyer shall be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer do so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

 

15. Instalments

Where the goods are delivered by instalments each delivery shall be deemed to constitute a separate enforceable Contract.

 

16. Cancellation

Contracts and orders may not be cancelled by the Buyer without written consent of the Seller.  In the event of the Goods being returned to the Company as a result of the cancellation of a Contract the Seller reserves the right to make a cancellation charge calculated by the Seller based on the costs of the Seller which cannot be recovered with a handling or restocking charge equal to 35% of the invoiced order value.

 

17. Insolvency

• The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes intoliquidation (otherwise than for the purpose of amalgamation or reconstruction), or;
• An encumbrancer takes possession or a receiver is appointed of any of the property of assets of the Buyer, or;
• The Buyer ceases, or threatens to cease, to carry on business, or;
• The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly,

If this cause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.

 

18. Non-assignment

The Buyer shall not assign his rights or liabilities under a Contract made subject to the Conditions.

 

19. Waiver

Failure by the Seller to enforce a term of the Contract shall not prevent the subsequent enforcement of that or any other term of the Contract.

 

20. Proper Law

Contracts made with the Seller shall be governed by and construed according to the Laws of England and the Buyer agrees to submit to the jurisdiction of English Courts.

 

Website Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Pilkington's Manufacturing Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term Pilkington's Manufacturing Ltd or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Unit 2, Castlehill Industrial Estate, Horsfield Way, Bredbury, Stockport, Cheshire, SK6 2SU. Our company registration number is 7397040. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.