Terms and Conditions

1.  Applicable Conditions 

 

A) Unless otherwise agreed in writing, goods and services are supplied by Peak Electronic Design Limited, hereinafter called “The Seller”, only on these conditions. The Seller’s conditions shall not be deemed to have been altered, modified or varied save as mutually agreed by both Seller and Purchaser in writing. Waiver of any term shall not be taken to imply waiver of any other term of the contract. Any other conduct of the Purchaser in confirmation of the transaction shall constitute an unqualified acceptance of these conditions.

​

B) The Seller shall be under no liability, nor shall the Purchaser be entitled to any remedy by reason of the provisions of the Misrepresentations Act 1967 except to the extent (if any) that a Court of Competent Jurisdiction may allow reliance on it as being fair and reasonable in the circumstances of the case.

​

C) All orders placed with the Sellers are subject to confirmation by the Seller’s order acknowledgement and acceptance of these terms and conditions.

 

D) Catalogues, price list and other advertising matter are only an indication of the type of goods and services offered and no prices or other particulars contained therein shall be binding on the Seller.

 

E) The Seller does not guarantee that delivery will be affected by any date referred to in any contract or in ant antecedent thereon and therefore time shall not be of the essence in the contract.

 

F) The Seller will accept telephoned orders provided the Purchaser is able to supply an order reference, has an account with the Seller and such account is up to date. The Seller’s Terms and Conditions of Sale will apply to telephone orders.

 

G) Nothing in these Conditions shall affect any right of the Seller against or in connection with the goods.

 

H) Each order received and accepted by the Seller will be deemed to form a separate contract which these Terms and Conditions of Sale apply.

​

     2. Price​

​

A) Minimum order value and/or minimum order quantities for services/goods may apply.

 

B) A charge will be made against orders to cover carriage and packing. Special delivery arrangements requested by the Purchaser will be charged at true cost.

 

C) All prices are exclusive of VAT, other taxation and duties may be payable for export from the United Kingdom.

 

D) Prices quoted will be respected for 30 days following the date of written quotation.

 

E) Quantity orders are accepted on the condition that they are called off within 90 days of the date of the order acknowledgement. If they are not so called off, the Seller reserves the right to charge retrospectively the difference between the bulk price and the higher price for the quantity actually called off.

 

F) The Seller will not accept any costings clause however shown on the Purchaser’s  orders or correspondence.

​

     3. Payment

​

A) Payment should be made at the time of order unless other arrangements have been agreed in writing. Trade and bank reference may be required.

 

B) Time of payment is of the essence. The Purchaser shall not be entitled for any reason whatsoever to withhold or make any set off against payment.

 

C) Special Tooling Charges are payable 100% with the Purchaser’s order.

 

D) Payment shall become immediately due upon start of any act or proceeding involving the Purchaser’s insolvency.

​

E) If the payment of the price, or any part of thereof is not made by the due date the Seller shall be entitled:

i) To refuse to make delivery of any further consignment of goods whether ordered at the due date or not without incurring any liability to the Purchaser for any delay in delivery.

ii) Without prejudice to other rights hereunder shall be entitled to charge, in addition to any monies due hereunder, interest on the outstanding amount at the rate of 3% per annum above the Bank of England Minimum Lending Rate for the time being in force until so much of the invoice price as is outstanding is paid.

iii) To terminate the contract.

​

     4. Passing the Property

​

A) The property in the goods and beneficial ownership thereof shall remain with the Seller until the Purchaser has paid the full price as well as any other payment due to the Seller hereunder or until prior re-sale of the goods in which case the beneficial entitlement of the Seller shall attach to the proceeds of the re-sale or the claim of such proceeds pending full payment. Throughout the period of beneficial ownership of the Seller in terms of the above provisions the Purchaser shall in its judiciary capacity hold them on account and for the benefit of the Seller.

​

B) If the goods or any part thereof should become constituent of be processed or converted into other goods while subject to the Seller’s beneficial ownership of such it will be as if they were solely and simply the goods and accordingly sub-clause (a) above shall so far as appropriate apply to such other goods.

 

C) Without prejudice to any of their other rights to the Seller may recover or re-sell the goods or services, property in and ownership which remain with them as hereunder stated and for that purpose may by their servants or agents enter upon the Purchaser’s premises.

 

     5. Risk

 

The goods are at the Purchaser’s risk from the physical delivery thereof to the Purchaser’s carrier or other Bailee for transmission to the Purchaser, whichever is the earlier.

 

     6. Delivery

 

A) All delivery periods are estimates only and the Seller shall not be liable for failure to make the goods available within such periods. In no circumstances shall the Seller be liable to compensate the Purchaser, in damages or otherwise, for non-delivery or late delivery of the goods or any of them or any loss consequential or otherwise arising therefrom.

 

B) The Purchaser shall not be entitled to make any claims against the Seller in respect of any shortfall in the quantity of the goods specified in the invoice or where the Seller is responsible for the carriage of the goods, any damage to or non-delivery of all or any part of the goods under the Seller’s carrier’s conditions of carriage or within seven days of the date of the invoice, whichever is shorter.

 

​C) No goods may be returned without the Seller’s written consent.

 

     7. Specification And Availability

 

The Seller reserves the right to make without notice, variations to the specification of the goods. Where such variations do not affect the capacity of the goods to satisfy the Purchaser’s requirements for use, the Purchaser shall not be entitled to terminate the contract.

 

     8. Manufactures Specifications

 

The Seller will not be liable for any loss or damage arising from variations in or from the Manufacturers Specifications of technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supplies following any such variation.

 

     9. Patent Rights

 

The sale of goods and the publication of any information of technical data relating to such goods does not imply freedom from patent or other protective rights and the Seller accepts no liability for infringement of such rights.

 

     10. Defective Products

 

The Seller’s liability (both in contract and in tort) in respect of defects in the goods shall be limited to the replacement of the faulty items, or the issue of credit notes in respect thereof, or the granting of a refund, or other such compensatory measures as the Seller at its sole discretion considers appropriate in the circumstances. Such measures shall relate only to the actual faulty items of their value and the Seller shall not in any circumstances be under any liability to the Purchaser in respect of indirect or consequential loss or damage, or any loss or damage, or loss of profits, sustained by the Purchaser, PROVIDED always that these Conditions do not exclude or restrict the Seller’s liability for death or injury arising from its negligence.

 

     11. Force Majeure

 

The Seller shall be excused performance of its obligations under the contract as a result of any cause or circumstance arising from any event of Force Majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lock-outs, riots, hostilities, disease, non-availability of materials or supplies or any other event outside the control of the Seller.

 

     12. Cancellation

 

If the Purchaser cancels the contract or order he shall reimburse the Seller in respect of all costs and expenses incurred by the Seller in connection therewith up to the date of cancellation.

 

The Seller may withhold or cancel further or any deliveries under the contract of sale and may recover from the Purchaser all losses resulting therefrom, if the Purchaser:

 

A) Fails to make payment to the Seller on the due date under any contract with the Seller or,

B) Enters into a composition with his creditors or (being a company) has receiver appointed or passes a resolution for winding up or if a Court shall order it to be wound- up or commits an available act of bankruptcy or,

C) Is in breach of any of the terms and conditions contained herein (notwithstanding that on a former occasion the Seller has waived its rights).

 

The exercise of rights under condition 12 shall be without prejudice to the Seller’s other rights or remedies.

​

     13. Legal Provisions 

 

These terms and Conditions of Sale shall be construed in accordance with English Law.

​