All goods supplied by us are sold upon the following conditions. This agreement applies as between you, the User of this Web Site or Purchaser and Parmley Graham Limited the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately. No part of this Web Site is intended to constitute a contractual offer capable of acceptance. The Purchaser's order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an email to the Purchaser indicating that the order has been accepted for processing. Unless expressly agreed by us in writing, any other terms or conditions, including any which may be contained in your orders, are excluded. Unless expressly incorporated in our quotation or tender, all descriptions, illustrations, drawings, dimensions, weights, measures, specifications, standards of performance or other descriptive matter of precontractual statement are approximate only and shall not form part of the contract.
These Terms and Conditions apply to business customers only.
If Goods are being ordered from outside Parmley Graham Limited's country of residence, import duties and taxes may be incurred once the Goods reach their destination. Parmley Graham Limited is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser is buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Parmley Graham Limited gives no guarantee that the packaging of the Goods will be free of signs of tampering.
Any such order placed via our website will be considered to be an “Invitation to Treat” and any payment made as a refundable deposit, until such time as the order is reviewed and confirmed. During our contract review we are legally obliged to take into account any Export Restrictions, Sanctions or Embargoes in force at the time from the UK Government, European Union or UN ( US export regulations may also apply to some products) and such restrictions may prevent supply of the goods. In some cases we may require End-User details and/or Dual Use WMD statements prior to supply. Should an Export License be required, or additional documentation including Certificates of Origin, it may be necessary to apply additional costs.
In order to purchase Goods on this Web Site and to use the other facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User's use of the Web Site as we may not require payment information until a purchase is to be made. By continuing to use this Web Site you represent and warrant that:
All information you submit is accurate and truthful;
If you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
You will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. Parmley Graham Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Parmley Graham Limited immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Parmley Graham Limited accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
All goods are sold subject to the prices ruling at the date of despatch.
The price of the Goods shall be subject to the addition of the applicable delivery prices as indicated on the Web Site, Value Added Tax and other applicable taxes and the cost of any special packing required by the Customer.
A small order charge may be applied to orders less than £25 (ex VAT).
Payment must be made by the 28th day of the month subsequent to the month following delivery on a "Strictly Net" basis. We shall be entitled to charge interest on overdue accounts at the rate of 1.5% per month. (b) Where the contract is to be or may be fulfilled in separate installments deliveries or parts, payment for each such installment, delivery or part shall be made as if the same constituted a separate contract.
The risk in all goods passes to you when they first enter the premises stipulated on the order. We reserve the right to choose the method of transport, to charge for deliveries, and charge you with manufacturers' carriage charges for special items.
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.
Notification of any shortage or damage must be received at our branch within seven days after the date of delivery; otherwise no claim will be entertained. Written notice of any non delivery must be received at our branch within seven days after the date of invoice. Time is of the essence of this clause. Our liability in respect of any claim accepted under this clause is limited to making up the shortage or replacing any goods proven to have been damaged or lost in transit to the point of delivery, and we accept no liability for any loss or damage suffered by you whether direct or consequential and howsoever arising.
Any delivery dates quoted by the Company are approximate only and will not form part of the contract. Stock indications are provided on the Web Site; however these may not take into account sales that have taken place during your visit to the web site. If the customer fails for whatever reason to take delivery of the goods on the due date the Company will be entitled to store the goods and then risk in the goods will pass to the customer, delivery will be deemed to have taken place and the customer will pay all costs and expenses including storage and insurance charges arising from its failure.
Notwithstanding delivery, all goods supplied by us will remain our absolute property until you pay in full for them and for all other goods previously supplied by us. You will store the goods in such a way that they are readily identifiable as our property, but you may, as trustees for us, sell them to a third party in the normal course of your business. Upon any sale by you of the goods (either alone or with other items) all rights which you have against the buyer shall automatically vest in us. We shall be entitled immediately after giving notice of our intention to repossess, to enter upon any premises with such transport as may be necessary and repossess any goods to which we have title under this clause.
It is your responsibility to determine that the goods are sufficient and suitable for the purpose to which they are to be put. We cannot accept any responsibility either in respect of the installation of any goods or as to the ultimate performance of any product in which the goods may be installed. We shall in no way be liable for any direct or consequential damage, loss or expense arising from any defect or inefficiency caused by the manner in which the goods are used.
All goods supplied by us are manufactured by others. Accordingly, we shall pass on to you the benefit of the warranty, if any, given by the manufacturer of the goods. Our liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods, and we shall not be under any liability, whether in contract, tort or otherwise, in respect of any defects in goods delivered or for any injury, damage or loss resulting from such defects or from anything done or omitted in connection with the goods or from any work done in connection therewith.
In no circumstances may goods supplied against a firm order be returned without our prior written consent and the receipt of your advice note stating the reason for return and date and number of our invoice. All goods returned must be securely packed and consigned carriage paid. In all cases we reserve the right to make a handling charge, and the issue of our goods received note will not bind us to issue any credit in respect of the goods.
We may, without prejudice to our other rights and remedies determine the contract or any unfulfilled part of it or withhold further deliveries or make partial deliveries if: (a) You fail to make payment on the due date under this or any other contract between us. (b) You purport to cancel or suspend, or commit any breach of this or any other contract between us. (c) You become insolvent, or make any composition with your creditors or have a receiver appointed of all or any part of your undertaking or assets or go into liquidation (save for the purposes of amalgamation or reconstruction) and we shall be entitled to recover from you all our loss including any loss of profit or loss on resale.
Any failure by us to enforce any of all these Conditions shall not be construed as a waiver of any of our rights hereunder.