Terms & Conditions

  1. Interpretation
    In these conditions of sale except where the context otherwise requires:- "the company" shall mean PAINI (UK) LTD., "the buyer" shall mean any person who contracts with the COMPANY for the supply of goods by the company and, where one person contracts with the Company on behalf of or as agents for another, shall be deemed to include all those persons. "Goods" shall mean any goods supplied by the Company including any material supplied with such goods as packaging
  2. Prices
    All prices, discounts, surcharges and rates of interest are subject to variation at any time without notice. Orders are accepted on the basis that goods supplied will be charged at prices ruling at date of despatch.
  3. V.A.T
    All prices quoted are exclusive of V.A.T., which will be charged, where appropriate, at the rate applicable on the date of despatch.
  4. Availability
    The company shall be under no liability for not supplying goods ordered if supplies of such goods are not available to the Company, and will not be liable for any costs that might be incurred through non availability.
  5. Cancellation
    Subject to these conditions of sale any orders placed with the Company shall not be cancelled, deferred or altered except by the agreement in writing between the buyer and the Company.
  6. Orders
    Telex, telephone, email and verbal orders must quote the customers official order number. We reserve the right to make a restocking charge of 20% of the net value or £10.00 whichever shall be the greater on all confirmation orders received that are not marked "Confirmation"
  7. Measurements and Specifications
    • Goods are warranted to be of normal industrial quality and all specifications are subject to variations and manufacturing tolerances.
    • Sales by the Company are not sales by sample and where a sample has been provided by the Company to the Buyer this shall not imply any warranty or obligation of conformity with sample.
    • Colored materials are subject to color variation.
    • Sales by the Company are conducted on the basis of descriptions as contained in either the Company's or Manufacturers catalogues stock lists or schedules and such descriptions shall be used for identification purposes only and shall not imply any warranties of quality or Fitness for purpose even where such descriptions or claims may be expressly contained in the said publications.
    • Save as warranted in (a) above all other warranties or conditions as to quality descriptions or fitness for a particular purpose expressed or implied are hereby excluded except those conditions or warranties whish are necessarily implied by stature in the case of the consumer sales. The Buyer must in all cases rely on his own skill and judgment in determining the fitness or suitability of the goods for nay particular purpose.
  8. Account Facilities
    Account facilities may be offered at the discretion of the Company and the Company shall not be responsible for any delays in acceptance of orders or supply and delivery of goods resulting from:-
    • The Buyer's failure to satisfy the Company as to the Buyer's financial status
    • The Buyer's failure to comply strictly with the terms of any account facility offered by the Company.
    • The Buyer's previous breach of these Conditions of Sale. In each case whether the failure has been notified to the buyer or not.
  9. Payment of Accounts
    All accounts are due and payable on or before the last day of the month in which the invoice is dated, unless agreed otherwise in writing. Any sum remaining outstanding inclusive of V.A.T shall thereafter be regarded as overdue and attract interest payable to the Company at the rate of 5% above Lloyds Bank base rate until payment
  10. Reservation of Title to Goods Sold
    The legal and beneficial title in the goods shall not pass to the Buyer until payment of the full contract price inclusive of V.A.T. and interest but the risk shall pass upon delivery. Until payment has been made the Buyer shall hold the goods as bailey for the Company and shall store the goods identifiable as the property of the Company. If notwithstanding that the legal and beneficial title in the goods has not passed to the Buyer the Buyer shall sell the goods to a third party irrespective of whether a valid title to the goods shall have passed to the third party the Buyer shall hold the proceeds of such sale in the trust for the Company. The Buyer shall not be the agent of the Company in any dealings with third parties. The Buyer hereby authorizes the Company at any time when the Buyer's account with the Company is overdue or the Buyer has become insolvent but not otherwise to enter upon the Buyer's land and buildings with workmen and transport as may be deemed necessary by the Company to examine and recover goods supplied by the Company.
  11. Returns
    No goods once dispatched shall be accepted back as returns after 28 days of receipt, unless permission has been given by the Company in writing and any goods so returned by agreement must be in good order and resalable condition and adequately packed. Such goods will on receipt be credited and a charge of 20% of the net value of the order or £10.00 whichever shall be greater will be made to cover transport, packaging and restocking costs.
  12. Notification of Loss or Damage
    • Goods must be inspected by the buyer at the time of delivery and claims will not be entertained afterwards. In relation to all other goods supplied by the Company the Company shall not be liable for the supply of damaged goods or the loss or non delivery of the whole or any part of any consignment unless the Company and the Carrier (if any) receive notification in writing of the damage loss or non delivery within three of the delivery of the date.
    • On discovering any defects in goods the Buyer shall immediately give written notice to the Company and enable the Company to investigate fully the complaint before the remainder of the consignment is used or returned and the Company shall be under no liability in respect of those defects until this procedure has been carried out.
    • The Company shall not be liable for any claims made in respect of costs incurred in replacing or re-fixing damaged or faulty goods nor for any consequential lost suffered by the Buyer or anyone claiming through the Buyer. The Company's liability shall be limited in all cases only to replace damaged or faulty goods in accordance with the manufacturers guarantee.
  13. Force Majeure
    The Company shall have the right to cancel or delay deliveries or reduce the amount delivered if it is prevented from, or hindered in or delayed in delivering by normal routes or means of delivery the goods through any circumstances beyond its control, included but not limited to strikes, lock-outs, accidents war, fire, reductions in or unavoidability of power at a manufacturer's plant, machinery or shortage or unavailability of raw materials from normal sources or routes of supply to the manufacturer.
  14. Delivery Instructions
    The Buyer shall indemnify the Company against all claims for damages and liability whatsoever arising out of compliances by the Company with the Buyer's delivery instructions.
  15. Unloading Goods
    The Buyer shall provide all Necessary assistance to the Company in Unloading Goods at the point of delivery and in event of the Buyer failing to do so the Company shall be entitled to charge the Buyer with the amount of any expense by the Company resultant there from.
  16. Buyer's Conditions
    No conditions of purchase imposed by the Buyer shall have any effect in relation to a sale by the Company unless the Company expressly in writing agrees otherwise.
  17. Cancellation or Variation of Conditions
    Each of the conditions herein can be cancelled or varied only in writing under the hand of the Secretary of the Company. No other officer, representative or employee of the Company has any authority to agree to any such cancellation or variation.