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Terms & Conditions, and other Legal Notices

Terms and Conditions and Returns: v3 - January 2024

Link to a PDF of  the Terms & Conditions: PBL Terms & Conditions v3 January 2024.pdf


CONDITIONS OF SALE

1. GENERAL
  1. The Company means PROCTER BROTHERS. LIMITED and “the Customer” means the person, firm or company to whom a quotation is addressed or whose order is accepted by the Company and “the goods” means the goods the subject of such quotation or order.
  2. All prices quoted by the Company are based upon these Conditions of Sale and reflect the limitations upon the Company’s liability which they contain. These Conditions of Sale supersede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.
  3. No agent or salesman of the Company has authority to give any guarantee or warranty on behalf of the Company or to transact business other than on the terms of these Conditions of Sale.

2. LIMITS OF CONTRACT

No binding contract is created until an order is accepted by the Company and all prior correspondence or oral communications are to be regarded as superseded and not forming part of the contract. Prices quoted are subject to revision for errors and omissions at any time.

3. TECHNICAL DATA

All drawings, descriptive matter, price lists or advertisements, whether or not supplied with a quotation or tender are approximate only and intended merely to give a general idea of the goods described therein and shall not form part of the contract. The Company offers its designs and/or specifications for the Customer’s approval. Unless designs and/or specifications are supplied by or approved by the Company, the Company undertakes no responsibility for sites or foundations, or for any framework or support, or for compliance with any local bye-laws or statutory regulations, or for the fulfilment of any special requirements which the Customer may be bound to observe or fulfil. It shall be the responsibility of the Customer to inform the Company of all relevant information regarding the proposed location and use of goods supplied by the Company.

4. TITLE

The implied undertakings as to title etc. set out in Section 12 of the Sale of Goods Act 1979 shall be express terms of the contract between the Company and the Customer.

5. PRICE
  1. Unless otherwise agreed the Company will sell the goods at the price specified in the Company’s latest standard price list. Unless otherwise stated on the price list, the prices specified in the price list are ex-works prices and the Company reserves the right to charge all additional costs of delivery to the Customer. It is the responsibility of the Customer to ascertain any such additional costs of delivery at the time of placing its order.
  2. Unless otherwise agreed, the cost of delivery of the goods to the Customer includes delivery to the point of off-loading. Off-loading from the Company’s (or its haulier’s) vehicle is the responsibility of the Customer. The Company reserves the right to charge the Customer for any additional costs incurred by the Company due to delay or inability of the Customer to offload the goods on delivery. It is the responsibility of the Customer to notify the Company at the time of placing its order if it requires the Company to off-load the goods in which case the costs of delivery quoted by the Company shall include the cost of off-loading.
  3. If a quotation or tender has been submitted by the Company it will accept orders at the price stated in that quotation or tender provided that the orders are received within the time limit specified in the quotation or tender.
  4. The price of the goods shall be subject to the addition of Value Added and other taxes and the cost of any special packing required by the Customer.
  5. Any increase in costs or expenses arising from any act or omission or any special requirements (including delivery) of the Customer or any modifications made at the Customer’s request may, at the Company’s option, be charged to the Customer.
6. VARIATIONS TO SPECIFICATION

The Company reserves the right to substitute other components or materials of equivalent strength and quality when the components or materials specified are not readily available.

7. DELIVERY AND PASSING OF RISK
  1. Any time or date for the despatch or delivery of goods whether specified in the Company’s quotation or otherwise given by the Company shall be taken as an estimate made by the Company in good faith but shall not be binding upon the Company either as a term of the contract or otherwise. In no circumstances shall the Company be liable for any loss or damage sustained by the Customer in consequence of failure to deliver within such time or by such date or in consequence of any other delay in delivery however caused.
  2. Except where the Company has agreed to off-load the goods or except where otherwise agreed in writing, delivery shall be made and risk in the goods shall pass to the Customer immediately upon the goods being made available for off-loading at the Customer’s site or premises or, where the Customer is collecting the goods from the Company’s premises, delivery shall be made and risk in the goods shall pass when they are made available for loading onto the Customer’s transport at the Company’s premises. Any loss or damage to the goods during loading or off-loading at the point of delivery shall be the responsibility of the Customer except where the Company has agreed to off-load the goods at the Customer’s site or premises in which case delivery shall be made and risk in the goods shall pass to the Customer immediately upon off-loading.
  3. The Company may deliver the goods in instalments and invoice the Customer as if each instalment comprised a separate contract upon the terms of these Conditions of Sale.
  4. If delivery of the goods is delayed through any act or omission of the Customer, the Company may put the goods into storage at the Customer’s risk and expense.
  5. It shall be the Customer’s responsibility to ensure that the point of delivery at the Customer’s site or premises is accessible by hard roads that are safe and able to receive heavy loads. The Company reserves the right to:- 1. charge any additional costs to the Customer; and/or 2. make the delivery at a point other than the point of delivery specified by the Customer if the point of delivery specified by the Customer is not accessible by suitable hard roads.
  6. The Company shall not be obliged to make the delivery to more than one point of off-loading at the Customer’s site or premises unless otherwise agreed.
  7. Except where the Company agrees to off-load the goods, on delivery to the Customer’s site or premises, the Customer shall be responsible for providing all equipment and labour to offload the goods and shall off-load the goods promptly. The Company reserves the right to charge all additional costs to the Customer where off-loading is delayed for any reason other than the Company’s default. Hiab off-load facility may be available at despatch, subject to availability and an additional charge.
8. INSPECTION AND LOSS OR DAMAGE IN TRANSIT
  1. Subject to Condition 8.2, the Customer shall be responsible for inspecting and checking the goods on delivery and, where delivery takes place at the Customer’s site or premises, prior to off-loading. The Company reserves the right to charge all additional costs to the Customer if goods are rejected after off-loading where the cause of rejection was ascertainable prior to or during off-loading. The Company must be notified in writing of any shortages or damage within 3 days of delivery.
  2. The Company shall not in any event be liable for any loss of or damage to the goods whilst in transit unless written notice thereof is given to the Company by the Customer stating the nature of any loss or damage onto the delivery note at the time of delivery [provided that if the Customer proves (i) that it was not reasonably possible for him to give such notice to the Company within the appropriate period and (ii) that notice was given within a reasonable time the Company shall not be entitled to rely on the time limits stipulated by this Condition].
  3. The Company shall not, in any event, be liable for any loss of or damage to the goods where the goods are transported by an outside freight carrier unless the Customer has complied in all respects with the freight carrier’s conditions of carriage for notifying claims for loss or damage in transit.
  4. Any liability which the Company may incur for loss of or damage to the goods whilst in transit shall in no case exceed the invoice value of the goods and in no circumstances shall the Company be liable for any indirect or consequential loss however caused.
9. PAYMENT
  1. All accounts shall be paid on or before delivery of the goods unless otherwise agreed in writing. Where the Company has agreed to extend credit facilities to the Customer, accounts shall be paid at the Company’s registered office on or before 30 days following the date of the Company’s invoice. Cheques and money orders shall be made payable to or to the order of the Company. Any early settlement discount shall only apply if agreed in writing by the Company and if the Customer settles its account within the agreed period and no other sums due to the Company are overdue.
  2. The Company shall be entitled to charge interest on all overdue accounts at a rate of 2 per cent above Bank of England Base Rate per month on the outstanding balance (both before and after judgement).
  3. Notwithstanding Condition 9.1 the Company shall without prejudice to its other rights have the right by notice in writing to the Customer to demand immediate payment of all monies due from the Customer to the Company for any goods delivered at any time.
  4. If payment of any account shall not take place on or before the date for payment specified in Condition 9.1 or 9.3 (as appropriate) or if the Company’s rights under Condition 11 shall become exercisable, any trade discount which the Company shall allow the Customer on the full quoted price shall forthwith cease to apply and the full quoted price shall be due and payable by the Customer to the Company.
10. PASSING OF PROPERTY
  1. The goods shall remain the sole and absolute property of the Company until such a time as the Customer shall have paid to the Company the price for the goods together with the price of any other goods the subject of any other contract with the Company.
  2. The Customer acknowledges that the Customer is in possession of goods solely as bailee for the Company until such time as the price thereof is paid to the Company together with the price of any other goods the subject of any other contract with the Company.
  3. Until such a time as the Customer becomes the owner of the goods, the Customer will store them on his 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.
  4. The Customer’s right to possession of the goods shall cease if he, not being a company, commits an available act of bankruptcy or if it, being a company shall convene a meeting of its creditors or if a proposal shall be made for a voluntary arrangement within Part I of the Insolvency Act 1986 or a proposal is made for any other composition scheme or arrangement with (or assignment for the benefit of) its creditors or if the Customer is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee, receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the Customer or if a petition is presented or other steps are taken for the winding-up of the Customer or for the making of an administration order. The Company may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
  5. Subject to the terms hereof the Customer is licensed by the Company to agree to sell the Company’s goods, subject to the express condition that such an agreement to sell shall take place as agents and bailees for the Company whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Company and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Company’s monies.
  6. If the Customer has not received the proceeds of any such sale, he will upon being called upon so to do by the Company, within seven days thereof assign to the Company all rights against the person or persons to whom the Customer has supplied the goods.
11. SUSPENSION OR CANCELLATION OF DELIVERIES
  1. If the Customer shall fail to pay to the Company on the due date any sum payable hereunder, or if the Customer’s right to possession of the goods shall cease in accordance with Condition 10 the Company may, without prejudice to its other rights, demand immediate payment by the Customer of all unpaid accounts and suspend further deliveries and cancel this and any other contract between the Company and the Customer without any liability attaching to the Company in respect of such suspension or cancellation and debit the Customer with any loss sustained thereby.
  2. If the Customer cancels his order the Company shall be entitled to recover any loss sustained thereby from him.
12. GUARANTEE

Subject to Condition 17, the Company undertakes at its option either to repair, replace or refund the price of any goods which are shown to be defective in materials or workmanship within twelve months of delivery provided that the Company shall be under no liability under the said guarantee if (a) the Customer has not paid in full for the goods or (b) the Customer has executed or attempted to execute repairs or alterations to the goods which are not authorised by the Company or has failed in any other respect to adhere strictly to the terms hereof or (c) the Company has not been notified of any defect within one month of the defect becoming apparent or (d) the Customer has mishandled or misused the goods.

13. MANUFACTURED GOODS

Any conditions stated below are in addition to our standard terms and conditions.  

Terms of Manufacture, Finish and Delivery Terms. 
  1. Any delivery periods given are only anticipated and are from approval of completed drawings/works or instructions. Should no approval be required the order will be issued for manufacture from date of completed drawings.
  2. Any prices quoted do not include for bolt down bolts, padlocks, locks etc. unless otherwise stated on our quotation.
  3. Manufactured goods prices will only include the Companies standard details, unless otherwise stated on our quotation. Any special requirements for hinges, latches, sloping bottoms, stepped panels etc. will be charged as an extra.
  4. Should materials be required to conform to a specific customer or British Standard this must be made clear at time of quotation, and repeated at time of the order.
GALVANISING to BS EN ISO 1461​
With fabricated items certain stresses are held within the structure following their design and manufacture. During Galvanizing, relief of stresses present often takes place. This can cause a certain amount of distortion, over which we have no control or liability whatsoever, As the process involves total immersion of the steelwork into a bath of molten zinc, it is essential that provision is made for hollow sections / fabrications to have ventilation and drainage points to ensure complete safety within our works and also to ensure the best possible finish is achieved. We reserve the right to ventilate the job as we require.
 
Reactive steels are frequently encountered which can affect the surface appearance giving a varying degree of smoothness on coated surfaces. Procter Brothers Ltd has no control over the steel composition, and cannot be held responsible for difficulties arising to the surface finish.
 
POWDER COATING to EN13438
Powder coating is dependent on the surface to be coated. Where steel has been galvanized in accordance with BS EN 1461 for its protective qualities, a varying degree of surface smoothness, depending on the composition of the steel being galvanized can produce general roughness, lumpiness, runs, and pimples which is out of our control.
 
Fettling is a process which is adopted to remove lumps of Zinc, ash or any dross deposits. Please be advised that the finished product may have varying smoothness with the coated finish as described above, but this will still conform to BS EN ISO 1461 and EN 13438
 
It is your responsibility as the customer to notify us of any special requirements over and above the commercial quality produced under our normal procedures. Such quality may require additional work, which would be charged as an extra (if within our capability) we would insist of an example being approved before full production.

14. EXCLUSION OF LIABILITY
  1. Subject to Condition 17, the Company’s guarantee is provided by the Company and accepted by the Customer in substitution for all express or implied representations conditions and warranties statutory or otherwise as to (a) the state quality fitness for purpose or performance of the goods and (b) the standard of the Company’s workmanship and the state quality fitness or performance of any materials used in connection therewith and all such representations conditions and warranties are hereby expressly excluded.
  2. Subject to Condition 17, except for any liability which it may incur for death or personal injury resulting from negligence the Company shall not be liable in any manner whatsoever whether in contract, in tort, in misrepresentation or otherwise for any consequential or other loss damage or injury however caused which may arise out of or in connection with the supply of goods to the Customer (including goods supplied under the said guarantee) and the Company’s liability Is strictly limited to repairing, replacing or refunding the price of the goods In accordance with Condition 12.
15. LIEN

The Company shall have a general lien in respect of all sums due from the Customer upon all goods to be supplied to such Customer or upon which work has been done on the Customer’s behalf and, upon 14 days’ written notice to the Customer, may sell such goods and apply the proceeds towards the satisfaction of the sums due to the Company.

16. FORCE MAJEURE

If the performance of the contract by the Company shall be delayed by any circumstances or conditions beyond the control of the Company the Company shall have the right at its option (a) to suspend further performance of the contract until such time as the cause of the delay shall no longer be present or (b) to be discharged from further performance of and liability under the contract and if the Company exercises such right the Customer shall thereupon pay the contract price less a reasonable allowance for what has not been performed by the Company.

17. SEVERANCE

If any condition herein shall be deemed void for any reason whatsoever but would be valid if part of the wording thereof were deleted any such condition shall apply with such modifications as may be necessary to make it valid and effective.

18. “DEALS AS CONSUMER”

Nothing in these Conditions shall affect the statutory rights of a Customer who in relation to the Company “deals as a consumer” as defined in Section 12 of the Unfair Contract Terms Act 1977 or any amendment or modification thereof.

19. RETURN OF GOODS

Goods can only be returned for credit with the prior written permission of the Company. The Customer shall pay a sum to the Company equal to 15 percent of the price of the goods returned by way of a handling charge together with all costs of return carriage.

20. LEGAL CONSTRUCTION

This contract shall be construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.

Our Privacy Policy

We are Procter Brothers. Limited, a company incorporated in England and Wales. Our company number is 12750258 and our registered office is at 11 Pantglas Industrial Estate, Bedwas, Caerphilly, Wales, CF83 8XD (“Procter Brothers” / “we”/ “our” / “us”) is committed to ensuring that your privacy is protected. We will continue to comply with the provisions of the Data Protection Act 1998 (the “DPA”) until 25 May 2018, after which we will comply with the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) unless and until the GDPR is no longer directly applicable in the UK, together with any national implementing laws, regulations and secondary legislation as amended or updated from time to time in the UK, and any successor legislation to the GDPR and DPA (together “Data Protection Legislation”). We are the data controller of the data you pass to us pursuant to this policy.

This privacy policy together with our website terms and conditions and cookie policy set out how we collect personal information from you and how the personal information you provide will be processed by us. By visiting any of our websites (www.procterbros.co.uk, www.machinesafety.co.uk, www.proctercontracts.co.uk, www.procterstreetfurniture.co.uk, www.proctersupplies.co.uk) (“websites”) you are accepting and consenting to the practices described in this privacy policy. If you do not consent, please do not submit any personal data to us.

1. What information do we hold and how will we use it?

1.1 We may collect and process the following data about you:

1.1.1 Information you give us: You may give us information about you by completing enquiry forms on our Websites or by corresponding with us by phone, email or otherwise. The information you give us may include your name, email address, address / location and phone number. When you speak with an operative, we may record the conversation to help us to review our quality of service and to assist in the training and development of the employees who take such calls. We will retain this information while we are corresponding with you or fulfilling an order you have placed with us. We will retain this information for no more than 12 months after the completion of any order or agreed warranty period.

1.1.2 Information we collect about you: We may collect the following information from you when you visit our Website:

1.1.2.1 Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and

1.1.2.2 information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from the Site (including date and time), products you viewed or searched for, page response times, Website errors, length of visits to certain pages, page interaction information, methods used to browse away from the page and any phone number used to call our customer services number We will retain this information for no more than 12 months.

1.1.3 Information we receive from other sources: This includes information we receive about you when you use other websites operated by us or other services we provide. This information may include your name, email address, postal address and phone number. We will retain this information for no more than 12 months

2. Cookies

2.1 The Website uses cookies to distinguish you from other users of the Website. For detailed information on the cookies we use and the purposes for which we use them, please see our Cookie Policy.

3. Use made of the information

3.1 We may use the information we receive and/or collect about you to:

3.1.1 Fulfil our obligations under any contract we have entered into with you and to provide you with information, products and services you have requested;

3.1.2 Send you newsletters and marketing information if you have consented to us doing so;

3.1.3 Notify you of products and services we offer that are similar to those you have purchased or enquired about;

3.1.4 Notify you of other products and services we feel may interest you, or permit third parties to do so if you have consented to us doing so;

3.1.5 Notify you of changes to our services and products; and

3.1.6 Monitor Website usage and provide statistics to third parties for the purposes of improving and developing the Website and the services we provide via the Website.

3.2 We process personal information for certain legitimate business purposes, which include some or all of the following:

3.2.1 Where the processing enables us to enhance, modify, personalise or otherwise improve the Website, our services and communications for the benefit of our customers;

3.2.2 To identify and prevent fraud;

3.2.3 To enhance the security of our network and information systems;

3.2.4 To better understand how people interact with our websites;

3.2.5 Administer the Website and carry out data analysis, troubleshooting and testing; and

3.2.6 To determine the effectiveness of promotional campaigns and advertising.

3.3 If we obtain consent from you, we may provide your personal details to third parties so that they can contact you directly in respect of services and/or products in which you may be interested.

3.4 You have the right to withdraw your consent to the processing of your personal data at any time. If you would like to withdraw your consent, or prefer not to receive any of the above-mentioned information (or if you only want to receive certain information) from us please let us know by contacting us via the following email address datamanager@proctergarforth.co.uk Please bear in mind that if you object this may affect our ability to carry out tasks above for your benefit.

3.5 If you wish to have your information removed from our database or if you do not want us to contact you for marketing purposes, please let us know by clicking the “Unsubscribe” option in any email we send to you and providing the details requested or by contacting us by emailing datamanager@proctergarforth.co.uk and we will take steps to ensure that this information is deleted as soon as reasonably practicable.

3.6 We will not share, sell or distribute any of the information you provide to us (other than as set out in this policy) without your prior consent, unless required to do so by law.

4. Third Party Sites

4.1 Our site may contain links to third party websites, including websites via which you are able to purchase products and services. They are provided for your convenience only and we do not check, endorse, approve or agree with such third party websites nor the products and/or services offered and sold on them. We have no responsibility for the content, products and/or services of the linked websites. Please ensure you review all terms and conditions of website use and privacy policy of any such third party websites before use and before you submit any personal data to such websites.

5. Where we store your personal data

5.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

6. How safe is your information?

6.1 Where you have chosen a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

6.2 Protecting your security and privacy is important to us and we make every effort to secure your information and maintain your confidentiality in accordance with the terms of the Data Protection Legislation. The Website is protected by various levels of security technology, which are designed to protect your information from any unauthorised or unlawful access, processing, accidental loss, destruction and damage.

6.3 We will do our best to protect your personal data but the transmission of information via the Internet is not completely secure. Any such transmission is therefore at your own risk.

7. Disclosure of your information

7.1 We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.

7.2 We may share your information with selected third parties including:

7.2.1 Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;

7.2.2 third parties who may wish to contact you in respect of services and/or products they offer or sell which may be of interest to you, provided we receive your consent to such disclosure; and/or

7.2.3 Advertisers and advertising networks that require the data to select and serve relevant adverts to you and analytics and search engine providers that assist us in the improvement and optimisation of the Website.

7.3 Please note that we may need to disclose your personal information where we:

7.3.1 Sell any or all of our business or assets or we buy another business or assets in which case we may disclose your personal data to the prospective buyer or seller;

7.3.2 Are under a legal duty to comply with any legal obligation or in order to enforce or apply our terms and conditions; or

7.3.3 Need to disclose it to protect our rights, property or safety of our customers or others, including the exchange for information with other companies, organisations and/or governmental bodies for the purposes of fraud protection and credit risk reduction.

8. Your rights in respect of your data

8.1 If any of the information you provide to us changes, please let us know as soon as possible so that we can make the necessary changes to the information we hold for you on our database. If you wish to make any changes to your information, please contact us by emailing datamanager@procterbrothers.co.uk.

8.2 If you wish to see the information we hold on you, or request that such information be transmitted directly to another data controller, please contact us please contact us by emailing datamanager@procterbrothers.co.uk. We shall process your request to access your information and provide this information to you free of charge.

8.3 To request that your information is deleted or that you wish to restrict / object to the processing of your information, please contact us by emailing datamanager@proctergarforth.co.uk.

8.4 If you have any complaints about our use of your personal data, please contact us. You may also have the right to complain to the Information Commissioner’s Office at https://ico.org.uk/.

8.5 If you have any further queries or comments on our privacy policy, please contact us by emailing datamanager@procterbrothers.co.uk. We always welcome your views about our Website and our privacy policy. ;

Disclaimer

The information contained in this website is for general information purposes only. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.