Terms & Conditions of Sale

  1. Within this document “the Company” means Powerdrive Systems Ltd.
  2. Also “the Customer” means the person, firm or company who gives an order to (or requests a quotation from) the Company for the supply of goods or services.
  3. Where a period is specified for delivery, and  where such  period is not extended by mutual consent in writing, the customer shall take delivery within that period.
  4. While every effort will be made to adhere to delivery dates and rates of delivery quoted or agreed by the Company, any such delivery dates or rates of delivery  are given and intended as estimates only and the Company shall not be liable for any loss or damage whether consequential or not which may result from delay of delivery dates or changes to rates of delivery.
  5. Where specifications or drawings are to be supplied by the Customer, the Customer shall supply such specifications or drawings in reasonable time to enable the Company to complete delivery within the period specified.
  6. Any order for non-standard or special items shall be subject to this special condition that the company shall have the right at its option to supply 10% over or under the quantity ordered, in which case the customer shall accept and pay (pro-rata) for such lesser or greater quantity in full satisfaction of the order.
  7. The company shall be under no liability whatever for or arising out of faulty workmanship or material unless particulars are advised in writing of such defects are given to the company within fourteen days of delivery of the goods, in which case the defective goods may be returned to the company at the customers expense and if the company agrees that they are defective because of faulty workmanship or materials the goods will be rectified or replaced. Defects of any kind shall not be a ground for cancellation of the remainder of the order or contract.
  8. The company shall not be liable for consequential loss suffered by the customer as a result of defects in goods supplied or delayed, short or non-delivery of goods.
  9. The company shall not be liable for consequential loss suffered by the customer as a result of delivery of incorrect goods.
  10. No claim for damage in transit, shortage of delivery or loss of goods shall be made unless, in the case of damage in transit or shortage of delivery, separate notices  in writing are given to the carrier concerned and to the Company within fourteen days of the date of the consignment. Where goods are accepted from the carrier concerned without being checked the delivery note or record  must be signed “not examined”
  11. If the customer shall make default in or commit a breach of the contract, or of any other of its obligations to the Company, or if any distress or execution shall be levied upon the Customer’s property or assets, or if the customer shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against him, or if the Customer is a limited company and any resolution to wind up such company’s business shall be passed or presented, or if a receiver of such company’s undertaking, property or assets or any part thereof shall be appointed, the Company shall have the right forthwith to determine any contract then subsisting without prejudice to any claim or right the Company may otherwise make or exercise.
  12. Payment for goods shall be made within thirty days from the end of the month following delivery of the goods. If payment is not made as aforesaid  then the Customer shall also pay to the Company interest on the purchase price (or on any instalment thereof) at the maximum rate per annum allowable by law, from the date of delivery to the date of payment.
  13. Without prejudice, goods delivered labelled and packaged by the Company shall be deemed the property of the Company even when unpackaged or unlabelled by the Customer. Proof otherwise shall rest with the Customer, not the Company.
  14. The property in the goods shall not pass to the customer until the full price of the goods and all other moneys payable by the Customer to the Company in respect of the goods together with the full price of any other goods subject to any other Contract with the Company have been paid or as hereinafter provided the goods have been sold and the Customer acknowledges that he is in possession of the goods as a bailee for the Company until as herein provided they have and that until such time as the Customer becomes the owner of the goods the Customer will store them on the Customer’s premises separately from the Customer’s own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company provided nevertheless that the Customer shall indemnify the Company in respect  of any loss or of damage to the goods after they have been delivered to the Customer and provided also that the customer may nevertheless use or sell the goods  in the ordinary course of its business in which case the Customer shall hold the net proceeds of such sales or usage as trustee for and on behalf of the Company until the full price of the goods and all sums payable to the Company in respect of the goods have been paid to the Company may be entitled) if  the Customer shall make default in any payment due to the Company then the Company may for the purpose of recovery of its goods enter upon any premises where they are stored forthwith take possession of the same.
  15. The Company shall not under any circumstances be liable to the Customer for any damage, loss or expense whatsoever arising directly or indirectly from any defects in goods supplied but not manufactured by the Company, but the Company will at the request and expense of the Customer take such steps as it considers to be reasonable in order to obtain for the Customer the benefit of any condition, warranty of guarantee given by the manufacturers of the goods and to which the Customer may be entitled.
  16. Contracts and orders are accepted subject to the Company receiving and necessary license to purchase or to use the required materials or goods and to the company being able to obtain such raw materials or goods. .
  17. All prices quoted and offers made by or on behalf of the Company are based on the cost of goods, labour, materials and overheads at the date of the quotation or offer and the Company may at the time of actual supply of goods amend the price of any item by the amount of any increase in the cost of goods, labour, materials or overheads forming part of the cost to the Company of supplying the goods.
  18. If the Company quotes a price for supply of a specified quantity of any item the Company may in its absolute discretion decline to accept an order for any lesser quantity or amend the price.
  19. Goods supplied by the Company which are not from its normal stock or which are specially made or obtained for a Customer may not be returned to the Company without the Company’s prior consent in writing. 
  20. Subject to condition 19 hereof goods supplied by the company from its normal stock may with the Company’s prior consent be returned to the Company at the Customer’s expense and in good condition in which case the Company may charge the Customer with a restocking charge equal to 50% of the price of the goods, or of £10 which ever is the greater.
  21. Unless otherwise agreed in writing the Customer shall not be entitled to cancel an order for any other reason than a fundamental breach of contract committed by the company.
  22. If the Company agrees to accept the cancellation  of an order otherwise than because of a fundamental breach of contract committed by the Company, the Company may charge the Customer, by way of a “cancellation charge”  the costs and expenses incurred by the company in connection with the order and its cancellation, together with the estimated loss of profit suffered by the company as a result of such cancellation.
  23. All quotations and prices are exclusive of Value Added Tax (VAT) which will be added in the invoice at the rate applicable at the date of despatch.
  24. These conditions and the contract shall be subject to and construed in accordance it English Law.
  25. If any part of these conditions are contrary to English Law then valid conditions will still apply.