Terms of Service 1

Terms & Conditions

The below terms apply to all distributors, traders & retailers (DTR) of the Keratex range Penleigh Irving Ltd are manufacturers of the Keratex range of products.

1. Acceptance of Order

All orders for goods are placed by the Distributor, Trader & Retailer (DTR) and accepted by Penleigh Irving Limited subject to any delay occurring in manufacture or delivery whether such delay is caused by circumstances over which Penleigh Irving Limited has control or otherwise. Penleigh Irving Limited has the right to enter, in whole or in part, any or all orders received and shall not be liable for any loss or damage resulting from its failure to supply goods ordered.

2.Deliveries

a. Penleigh Irving Limited aim to deliver your order as quickly as possible. Our delivery charges vary depending on the type of items that you have ordered and in some cases your postcode. Delivery charges are Subject to courier rates and charges at time of order.b. Part deliveries shall be permitted and each part delivery or instalment of goods ordered shall be deemed to be sold under a separate contract.

3. Claims for damage Goods and shortages

a. Penleigh Irving Limited shall not be liable for loss or damage to any goods (howsoever occasioned) which have been delivered to the (DTR) or to any carrier or agent acting for the (DTR).
b. As a condition precedent to recovery for a shortage in, damage to or loss of any goods, every claim for such alleged shortage or loss must be made by the (DTR) within 24 hours of receiving goods.
c. Penleigh Irving Limited will not be liable if the (DTR) has signed for the goods “Received in Good Condition”, it is the responsibility of the distributor to check deliveries and if there is not enough time, then they must sign unchecked.

4. Prices and Specifications

Penleigh Irving Limited reserves the right to alter any prices or the specifications, types of products at any time and all goods are sold subject to prices and conditions ruling at the time of delivery. The entering of an order by Penleigh Irving Limited shall not be construed as its acceptance of such order at any particular price. Penleigh Irving Limited prices of goods exclude delivery to the (DTR) premises unless otherwise stated.

5. Advance Replacements

a. All advance replacement items will be invoiced and credit against any item will only be given upon the receipt by Penleigh Irving Limited of the faulty item for which the replacement has been provided.

b. Account (DTR) can receive advance replacements prior to the return of the faulty unit, these will be invoiced and a credit will be issued on receipt of the faulty item subject to it being returned in original non damaged packaging. Non account (DTR) must return the faulty item in advance of a replacement unit being dispatched.

6. Title to Goods

a. The risk in the goods shall pass to the (DTR) on receipt of the goods by the Distributor.b. Ownership of the goods shall remain vested in the manufacturer and legal and equitable title shall not pass to the (DTR) until all goods have been paid for in full.

7. Payments

a. Payment is due within 30 days of date of invoice
b. Penleigh Irving Limited shall be entitled to charge interest at 2.5% per month or part month on any and all amounts overdue for payment.

8. Instructions for Use

The (DTR) will bring to the attention of those who use goods all instructions provided by the Seller on their use (including precautions to be taken) and will to the best of his ability ensure that they have the necessary skill and understanding in respect of their use. The (DTR) will be deemed to have undertaken their duties in this regard if they have instructed the purchaser verbally about the operation of the product and have passed on to the purchaser the information on operation provided by Penleigh Irving Limited and/or its supplier.

9. Effective Period

The foregoing Terms and Conditions of Sale shall apply to all orders from the (DTR) which are accepted by Penleigh Irving Limited after 1st June 2009 and shall remain effective until superseded by the issue by Penleigh Irving Limited of subsequent Terms and Conditions of Sale.