TERMS & CONDITIONS
Below we state a number of our terms & conditions which will prevail unless otherwise agreed by us in writing.
Below we state a number of our terms & conditions which will prevail unless otherwise agreed by us in writing.
GENERAL
1.The proper law for this agreement shall be English law and the English courts shall have jurisdiction.
2. In the event that it becomes necessary to cancel a written order previously given to Prosale, cancellation costs are based on work carried out will apply in accordance with our standard terms which are available on request. Please note that there will be a minimum charge of £50.00 for any cancellation.
PAYMENT
3.1 All prices are strictly net and exclusive of value added tax.
3.2 Payment for the goods and/or services will be paid prior to goods being dispatched.
INSURANCE
4.The risk in all materials and products which are both delivered to the site and incorporated in or form part of work shall pass to the customer upon delivery and the customer should insure accordingly. Our legal liability for injuries to persons or damage to property in carrying out any site work is limited to £5,000,000.00. Any liability above this figure will be subject to an additional charge to cover the insurance premium.
DELIVERY
5.1 Delivery dates and times specified by Prosale are approximate only. Unless expressly agreed by Prosale in writing, time is not and shall not be deemed to be of the essence of the contract. The Customer shall make all arrangements necessary to take delivery of goods whenever they are tendered for delivery. Please note if delivery is made to a private address Prosale retain the right to charge an additional £35.00.
5.2 If goods are sold and delivered to the Customer in instalments each delivery shall constitute a separate contract, and failure by Prosale to deliver any one or more of the instalments or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole. Furthermore, the Customer shall have no right of set-off against any monies due to the company under this or any other contract.
5.3 Prosale reserves the right to make any changes in the specification of goods which are required to conform with any applicable safety or other statutory requirements or where the goods are supplied to the Customer’s specification which do not materially affect their quality or performance.
WARRANTY
6.1 Prosale warrants to the Customer that all products will be free from defects in material and construction under normal use and for its intended purpose. Prosale’s obligation is limited to repairing or replacing components from its factory within a 12-month period from purchase. The warranty does not cover misuse, accidental damage or negligence.
6.2 There is no warranty or guarantee of fitness for a particular installation as each are bespoke to the user and site conditions. Prosale does not authorise any distributor to offer any other warranty to any other user on behalf of Prosale.
6.3 Prosale shall not be liable in any event for special or subsequent damages from the buyer or third parties against the buyer.
6.4 Unauthorised modifications to the operator exclude Prosale from any warranty or resulting damage or liability.
6.5 Subject as expressly provided in these conditions and expect where goods are sold or services provided to a person dealing as 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 permissible by law.
6.6 The company shall not in any event be liable for indirect or consequential loss or damage including without limitation loss of profits, use of, or of contracts arising out of the supply or failure of supply of goods or services by Prosale and whether arising in contract, tort or otherwise and in all other cases liability shall be limited to the contract price, and the provisions of this sub-clause shall survive the termination of an order or contract however arising.
RETURNS POLICY
7.1 Any item may be returned within 14 days of receipt providing it is unused and in “as new” condition and in the manufacturers, original packaging. We will pay for the delivery costs if the return is a result of our error. All items returned for restocking not as a result of our error will be subject to a 20% restocking fee. Bespoke items such as Powder coated and cut to size items will not be accepted under this policy.
7.2 Warranty claim items must be returned within 14 working days of receipt of the replacement goods. All items need to be accompanied by our warranty return form (available upon request) and be tied with our warranty tag that we will supply with the replacement item.
7.3 Any refund will be made within 14 working days from the receipt and acceptance of warranted goods. Refunds will only be made by the same form of payment used for the purchase of goods. i.e. If the goods are purchased on account a credit note will be applied but not a cash refund.
HAVE YOU RECEIVED AN INCORRECT ITEM OR DAMAGED ITEM?
Any product defects or missing items should be reported to Prosale within 48 hours of receipt of goods, either by email or telephone, and evidence taken of any damages. We will advise of next steps when reported. Claims made after 48 hours will be subject to standard fees.