Terms and Conditions
(b) Where the goods are ordered for delivery by installments, each installment shall be deemed to be a separate contract..
Prices may be subject to change without notice according to fluctuating metal prices and stone sizes.
Risk In the Goods passes to the Purchaser when the Goods are off loaded from P.O.M.’s or its agents vehicle at the point of destination or (in a case where P.O.M. or its agent does not effect delivery) at the time when the Goods leave P.O.M.’s premises or (in a case where the Purchaser is to collect the Goods, and if earlier) seven days after notification to the Purchaser that the goods are ready for despatch. Any storage of the Goods on P.O.M.’s premises after the expiry of the latter period of seven days is at the Purchaser’s risk.
(1) The property and the legal and beneficial ownership in the goods will only pass or be transferred to the Purchaser when:-
(a) the Goods the subject of this contract; and
(b) all other Goods the subject of any other contract between the Purchaser and P.O.M. which, at the time of payment of the full price of the Goods sold under this contract, have been paid for in full.
(2) Until the property and the legal and beneficial ownership in the Goods has passed to the Purchaser in accordance with sub clause 1 above.
(a) the Purchaser is required to store the Goods in such a way that they are clearly the property of and in the ownership of P.O.M.
(b) P.O.M. will be entitled to repossess the Goods from the Purchaser without prejudice to any further or other remedies P.O.M. may have against the Purchaser under this contract or any other contract between P.O.M. and the Purchaser.
(3) Notwithstanding the provisions of sub-clauses 1 and 2 above the Purchaser will be entitled to sell the Goods to a third party within the framework of the normal carrying on of its business and to deliver them to such third party on condition that in so far as the Purchaser has not fully discharged its indebtedness to P.O.M.
(a) the Purchaser shall - as between itself and P.O.M. - act as agent for P.O.M. and;
(b) the Proceeds of sale shall be held by the Purchaser for the account of P.O.M.
(c) the Purchaser shall transfer to P.O.M. any claim it may have against such third party emanating from such transaction but without prejudice to any rights which P.O.M. may have against the Purchaser.
(a) New Customers, Overseas Customers and Non-account holders: pre-payment is required on all orders.
(b) Account holders: payment of the price shall be made within the period of 30 days after delivery to the Purchaser of P.O.M.’s invoice.
(c) Interest shall be charged on unpaid accounts at the rate (as well after as before judgement) of two per cent per month in excess of the minimum or base lending rate for the time being of Santander UK plc.
(d) Payments by credit and debit cards will also be subject to a 2% charge.
(e) Any invoice outstanding beyond the period of 30 days from the invoice date will be referred to the commercial debt recovery agents Daniels Silverman Limited and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer or account holder and will be legally enforceable.
(f) Buying online with POM is safe and secure. Payments through our website are processed with Sage Pay via SSL which encrypts data, making sure your details are secure and safe. POM does not store your card details or have access to any card details for security reasons.
6. Collection and delivery
(a) Failure to deliver the goods by the date specified may entitle the Buyer to reject goods if the delivery is 4 weeks later than the date specified on this order. If the delivery date is to be later than specified it must be agreed with the Buyer within one week of this order being received by Peace of Mind. Peace of Mind shall not be liable for the consequences of any delay.
(b) Delivery shall be taken by the Purchaser in accordance with the terms of this contract. If for any reason the Purchaser is unwilling or unable to accept delivery of the Goods at the time when the Goods are due and ready for delivery P.O.M. shall if its storage facilities permit store the goods and take all reasonable steps to prevent their deterioration until their actual delivery and the purchaser shall be liable to P.O.M. for the reasonable cost of its so doing. This provision shall be in addition to not in substitution of any other payment or damages for which the Purchaser may become liable in respect of its failure to take delivery at the appropriate date.
(c) UK and Northern Ireland £6.50 per delivery. UK and Northern Ireland EC countries £20 per delivery. All other countries at cost.
7. Force Majeure
If the manufacture or delivery by normal route or means of delivery or shipment of the Purchaser’s goods or part of them is delayed or made impossible by events beyond the control of P.O.M. or an event falling within the meaning of the term “force majeure” and in particular strikes, lock-outs or differences with workmen, civil disturbance, war, Queen’s enemies, act of God, epidemic, storm, flood, tempest or accident to machinery, Government requirements, quota or licence restrictions, P.O.M.shall not be liable for any delay or failure to deliver which directly or indirectly is attributable to such events.
(a) P.O.M. will not accept responsibility for notifying carriers (on behalf of the Purchaser) of any claims for loss damage or delay in transit or for mix-delivery or non-delivery unless the Purchaser puts P.O.M. in possession of relevant information in reasonable time for P.O.M. to comply with the claims procedures appropriate.
(b) Complaints on faulty Goods cannot be considered unless official notification is lodged in writing with P.O.M. within seven days from the date of invoice.
(c) Goods must be examined on receipt, and if damaged, signed for as such with immediate advice to P.O.M. If the above procedure is not adhered to P.O.M. cannot accept responsibility. The liability of P.O.M. for loss or damage in transit shall not exceed replacement of the Goods shown to be lost or damaged or at P.O.M.’s option reimbursement of the price received by him for the Goods. All further claims for damages, howsoever arising, are hereby expressly excluded.
(d) All weights measurements and dimensions are approximate only.
This contract shall be construed according to the Law of England and shall be subject to the jurisdiction of the English Courts.
Peace of Mind .925 Ltd reserves the right to amend these terms and conditions from time to time.
t: 01225 777 749