Terms & Conditions
Website Terms and Conditions v3.09
1. In these Terms & Conditions "Polycote UK" means the company and "the customer" means the person or company to whom Polycote UK has agreed to supply goods under this contract.
2. (a) These conditions contain the entire terms of this contract between Polycote UK and the customer for orders placed on the Polycote UK Website Only.
(b) Any stipulation or conditions in a customer's order or enquiry form which would conflict with any of our terms and conditions or in any way qualify or negate the same, shall be deemed to be inapplicable to any order placed with us unless expressly agreed to by us in writing and signed by an authorized member of the Customer Services Team or the Senior Partner of Polycote UK.
3. (a) Goods are sold by Polycote UK to the customer at the price specified on our website or in our current electronic or hard copy brochure.
(b) In the absence thereof the price payable by the customer to Polycote UK shall be that specified in the current published price list of Polycote UK at the time of acceptance of the customer's order by Polycote UK, whether or not the customer has received a copy of such list.
4. No servant, employee, contractor or agent of Polycote UK has power unless agreed to by the Senior Partner in writing.
(a) to vary these conditions orally or in writing.
(b) to make any representations or warranties regarding the conditions of goods, their fitness for purpose or any other matter whatsoever.
5. No warranty, condition, description or representation on the part of Polycote UK is given or implied by this agreement, nor is any warranty, condition, description or representation to be taken to have been given or implied from anything said or written in the negotiations between the parties or their representatives prior to this agreement and any statutory or other warranty, condition or description expressed or implied as to the state, quality or fitness of the goods subject to this agreement is hereby expressly excluded.
In particular, but without prejudice to the generality of the foregoing. Polycote UK does not warrant the fitness for purpose of any of its products even though that purpose be made known by the customer and no warranty or condition may be implied from the name or description of a product.
Products may vary slightly from those depicted or described, and specification or prices may change at any time without prior notice. Any picture and colour charts should not be deemed accurate in terms of colour due to technological differences/limitations.
Where samples have been sent to the customer it will be considered that they have been tested to the customer's specification for the purposes to which they are to be put.
6. (a) Any time or date named by Polycote UK for delivery is given and intended as an estimate only and Polycote UK shall not be liable to make good any damage or loss whether arising directly or indirectly out of the delay in delivery.
(b) Where a period is named for delivery and such period is not extended by mutual consent in writing or under the provisions of clause
(c) thereof, the customer shall take delivery within that period.
(d) Deliveries maybe wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of either Polycote UK, the delivery company or the customer during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident or any cause whatsoever beyond the control of Polycote UK or the customer respectively.
(e) In the event of an outbreak of hostilities (whether war is declared or not) in which the United Kingdom is involved, or in the event of National Emergency, or if Polycote UK's works should become either directly or indirectly so engaged on Government orders or orders under priority directions as to prevent or delay work on other orders, Polycote UK shall be entitled at any time, on notice to the customer, to make partial deliveries only or to determine the contract, without prejudice in any case to rights accrued in respect of deliveries already made.
(f) Unless otherwise agreed in writing between Polycote UK and the customer all goods supplied by Polycote UK are on an ex works basis.
(g) No claim for damage in transit, shortage of delivery, or loss of goods will be entertained by Polycote UK, unless in the case of damage in transit or shortage of delivery, a notice has been received from the customer within 5 days of receiving the delivery in accordance with the 'Polycote UK Returns Policy', and in the case of loss of goods, Polycote UK and the carrier concerned receive, in the case of Polycote UK at its head office, a complete claim in writing made within fifteen days from date of despatch.
7. Once an official order has been received either verbally, in writing or via our online order system, a contract is deemed to have been entered into between Polycote UK and the customer. Cancellation of the contract will be at the discretion of Polycote UK. A cancellation will not be accepted in any circumstances where a product has been specially made to fill the order.
8. RETURN OF GOODS
It is our general policy not to accept return of goods. In exceptional circumstances standard products may be returned to us within 14 days of date of delivery provided that the customer has full authorisation and confirmation from Polycote UK to such a return. No claims will be entertained for returns outside this period. Goods are to be returned at the customer's expense (Unless agreed by an authorised member of the Customer Service Team and in accordance with the 'Polycote UK Returns Policy') to the original source of supply as specified by Polycote UK and a re-stocking charge may be made for goods that are of merchantable quality as determined by Polycote UK. Not all goods may be accepted back into stock for credit.
Powdered products cannot be returned under any circumstances due to the nature of the products.
9. DEFECTIVE GOODS
Goods represented by the customer to be defective shall not form the subject of any claim for work done by the customer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to Polycote UK and accepted by them as defective, will at the request of the customer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract. Our standard terms & conditions related to defective goods also still apply.
10. PAYMENT
(a) payment for goods supplied shall be made in accordance with the terms referred to on the face of the invoice.
(b) The customer shall pay interest on overdue accounts at the rate of 5% of the original invoice total on a monthly pro-rata basis and any charges will be detailed on any invoice or statements issued to the customer by Polycote UK.
11. RISK AND TITLE
(a) Risk in the products supplied shall pass to the customer when Polycote UK provides the products to the Polycote UK carrier for delivery to the customer, or where applicable when the customer or its nominated carrier collect the products from Polycote UK's premises.
(b) Save where the products are collected by the customer or its nominated carrier, Polycote UK will ensure that the products are insured to their replacement value against loss or damage while in transit with the Polycote UK carrier.
(c) The customer's right to possession of the products shall end immediately if it:
(i) makes any arrangement with its creditors or otherwise takes the benefit of any statutory provision for the relief of insolvent debtors, or convenes a meeting of creditors, or enters into liquidation, or has a receiver and/or manager, administrator or administrative receiver appointed, or documents are filed for the appointment of an administrator of the customer or notice of intention to appoint an administrator is given by any entitled person or a resolution is passed or a petition presented to a court to wind-up the customer or for the grant of an administration order or any insolvency proceedings are commenced relating to the customer;
(ii) suffers or allows any execution to be levied on its property or obtained against it or breaches any of its obligations under any contract or any other contract with Polycote UK or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or ceases to trade; or
(iii) encumbers or in any way changes any of the products.
12. If the customer shall make any default in or commit any breach of his obligations to Polycote UK or if any distress or execution shall be levied upon the customer his property or assets or if he (the customer) shall make, or offer to make, any arrangements 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 shall be a limited company and any Resolution to wind up such company's business shall be passed or presented otherwise than for reconstruction or amalgamation or if a Receiver of such company's undertaking property or assets or any part thereof shall be appointed Polycote UK shall have the right forthwith to determine any order then subsisting and upon written notice of such determination being posted by it to the customer's address for service specified herein any subsisting order shall have been deemed to have been determined without prejudice to any claim or right Polycote UK might otherwise make or exercise.
13. Orders are accepted subject to Polycote UK receiving any necessary licence to purchase or use the required raw materials and to Polycote UK being able to obtain such raw materials.
14. English Law shall be the proper law of this contract.
15. The head office of Polycote UK referred to in this contract is Polycote UK, Centre Point, Wolseley Road, Woburn Road Industrial Estate, Kempston, Bedfordshire, MK47 7EF,which is the address for service by the customer for all notices and other communications under or in connection with this contract.
16. These Website Terms & Conditions are subject to change and are dated, any orders placed through the Polycote UK Website will be subject to the Terms & Conditions relating to the date of the order, any orders made on a different date will be subject to the Terms & Conditions at that time.
17. Polycote UK recommends that any customer wanting placing an order online, checks our Terms & Conditions prior to finalising any order.
18. DATA PROTECTION / PRIVACY
Polycote UK are committed to safeguarding our customers from identity theft and utilise the most robust and secure methods of data protection currently available in the UK.
Polycote UK fully and completely adheres to the Data Protections Act 1998 recommendations, and as part of our commitment to the customer, we are part of the ISO 9001:2008 standard, registered, maintained and independently monitored for your peace of mind.
All card transactions that are processed through the Polycote UK website are subject to the highest levels of online security and encryption, no card details are kept or recorded by Polycote UK and are automatically destroyed immediately after a completed order has be processed online.
Polycote UK does not accept responsibility for any data theft that occurs as a result of viruses or other malicious software that is located on the customer's computer that may record secure information prior to its submission to the Polycote UK website.
Polycote UK Recommend that any customer using or placing orders over the internet has up to date virus software installed on their computer to protect the customer's privacy and security.
For further information on the Data Protections act 1998, and ways to protect your private information, please visit the following website link:
www.direct.gov.uk/en/Governmentcitizensandrights/Yourrightsandresponsibilities/DG_10031451
Polycote UK Website Terms & Conditions v3.09


