Conditions of Sale
Conditions of Sale
All Quotations and Offers given, Contracts or Orders accepted and Supplies made by us, Planer Limited, are subject to the following conditions:-
1. All Price lists and product information are subject to alteration without notice.
2. All Quotations, unless previously withdrawn, are open for acceptance for a period not exceeding 30 days.
3. All Quotations may be withdrawn without notice at any time prior to acceptance of Order.
4. All offers are made without engagement and no liability is accepted for loss, damage or delays caused by Government order, war, civil commotion, disasters, accidents, fires, suppliers, strikes or any other cause beyond our reasonable control.
5. All Orders are accepted on condition that any fluctuation in the cost of the materials and/or wages beyond our control may entail an adjustment in the selling price of such Orders as remains to be completed.
6. While all reasonable steps are taken to deliver goods within the delivery period no responsibility is accepted by us for failure so to do. We reserve the right to deliver in more than one shipment at our discretion.
7.Goods of our manufacture are covered under the terms of our standard Warranty, copies of which are available on the website or upon request. Save as expressly stated therein no liability shall be accepted by us for any loss or damage or injury arising directly or indirectly in connection with goods supplied by us or their use; however, nothing in these Conditions shall be deemed to exclude or limit: (a) liability for personal injury or death caused by the negligence of Planer or persons under Planer's control and (b) any other liability which cannot be excluded or limited under applicable law nor, to the extent of any mandatory requirement of English Law, for damage to tangible personal property of customer or its employees caused by our negligence. No warranty attaches to any goods supplied by us to which repairs, rework, modifications or attachments have been made other than through (i) our Engineers (ii) our Manufacturing Unit (iii) our authorised Service Personnel. Any missing or incorrectly supplied parts of an order supplied shall be promptly rectified by Planer provided such shortage or mis-supply has been notified in writing by the Customer to Planer within eight weeks of delivery of any equipment products, internationally or within the UK, or 3 days of delivery for consumable product deliveries within the UK.
8. In respect of goods supplied by us which are (i) not of our manufacture or (ii) non-standard, i.e. specially developed, produced or constructed, we do not warrant that design or use will not infringe existing patent or other protective rights anywhere in the world and we shall be under no liability in respect of such infringement.
9. We do not accept liability in respect of failure to deliver or perform or delay in delivering or performing under an Order or Contract due to any cause outside our reasonable control including but not limited to causes arising from the acts or omissions of the Customer.
10. Customer's goods and materials are accepted for holding or processing by us at Customer's own risk. Reasonable care and precaution will be taken with such goods or materials.
11. Recommendations, technical data or advice relating to goods supplied by us or to their use are given in good faith, but without liability for any loss, damage or injury arising directly or indirectly from any errors or omissions therein.
12. Customer will at its cost provide any Planer's representative(s) ready access and a proper and safe working environment and facilities to enable the carrying out of any work(s) agreed or necessary on Customer designated sites
13. Risk in goods ordered shall pass to Customer upon despatch from us ex works, but title to the goods shall remain with us until payment in full is received by us. Customer agrees, by ordering goods from us, to allow access to his premises during business hours and facilitate collection should we require to collect our property from Customer in the event due payment is not made.
14. In the event of a delay in payment beyond any agreed credit term we reserve the right to levy an additional interest charge on the outstanding sum owing of not more than 6% above the Bank of England's prevailing published Minimum Lending Rate, without prejudice however to our legal rights in respect of any such breach of the agreed terms. In the event of a material rescheduling of delivery time by Customer within two weeks of proposed delivery by Customer we reserve the right to charge a fee of up to 10% of the invoice value in addition to any other remedy to which we are entitled.
15. Cancellations, or returns of unused goods, may be effected only with prior written agreement and then subject to a cancellation or restocking fee. In the event of a return of goods for service or otherwise Customer undertakes to avail itself of and comply with our prevailing Decontamination Requirements.
16. Provisions for the ultimate disposal of goods supplied or replaced as provided for in any regulations including those of the WEEE directive shall be under Customer's control and cost unless mutually agreed otherwise in writing by authorised personnel. Batteries supplied with/ancillary to the goods may be returned to Planer, with equipment if integral, for recycling free of charge from the UK; in other countries different regulations may apply and customers should contact the supplying Distributor.
17. To the extent that any provision herein may be rendered void by prevailing mandatory national or regional legislation or treaty, such provision shall be deemed deleted and these Conditions of Sale shall remain effective to the extent permitted. In the event of any conflict between these Conditions of Sale and any transaction conditions stated by others, these Conditions of Sale shall prevail.
18. Any changes in these Conditions of Sale may only be made with the express, written authority of a Director of Planer Limited.
19. All Orders accepted, Contracts undertaken and Supplies made shall be governed by and construed in accordance with the Laws of England and interpreted in the English Courts.
Please note that our Software products are licensed under separate conditions and not sold
These conditions may be changed from time to time so please check you have the latest issue
Planer Limited, Windmill Rd., Sunbury, TW16 7HD, UK Reg No: 651504 VAT No. GB 208 172777
LD-SDEA-AZFEHT issue 5 08/16/2023