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Terms and Conditions of Business

  1. Preamble
    The “Seller” means Power Towers Limited, a company incorporated under the laws of England and Wales with company number 6143386. The “Buyer” means the immediate purchaser of any goods or services under a contract with the Seller.
  2. Formation of Contract
    1. The contract for the supply of goods (“Goods”) or services (“Services”) by the Seller shall be on these Conditions to the exclusion of all other terms and conditions (including any terms which the Buyer purports to apply under any purchase order, confirmation of order or other document). No variation to these Conditions will be effective unless agreed in writing by the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract. To the extent any previous representation, warranty, collateral contract or assurance was made to the Buyer, the Buyer waives all rights and remedies in respect of it.
    2. Each order for Goods or Services placed by the Buyer, whether or not based on a purchase order or quotation, shall be deemed to be an offer to purchase such Goods or Services subject to these Conditions. No order shall be deemed accepted by the Seller until it is acknowledged in writing or, if earlier, the Seller supplies the Goods or Services to the Buyer. After confirmation of the order by the Seller, the contract may not be cancelled by the Buyer without the written consent of the Seller which shall be conditional on the Seller being indemnified by the Buyer against all loss or damage which arises or may arise out of such cancellation.
  3. Price and Payment
    1. Unless otherwise agreed by the Seller in writing, the price for the Goods or Services shall be the price set out in the Seller’s price list published on the date of delivery or deemed delivery (the “Stated Price”). The Stated Price shall be exclusive of any value added tax and all costs, charges, in relation to packaging, loading, unloading, carriage, and insurance, which shall all be paid by the Buyer.
    2. Unless otherwise agreed by the Seller in writing, payments shall be made in cleared funds within 30 days of the date of invoice . Time for payment shall be of the essence. When deliveries are spread over a period, each consignment, at the option of the Seller, shall be invoiced as dispatched and each invoice shall be treated as a separate account and be payable accordingly. Buyer shall make all payments in full without deduction or witholding.
    3. In cases of late payment, interest at the rate of 15% per annum from time to time shall automatically accrue from day to day from the date the account becomes overdue until the date of payment in full whether before or after any judgement.
    4. Without prejudice to any other rights and remedies of the Seller, any default of the Buyer in making payment on the due date shall automatically entitle the Seller (i) to suspend supplies under this contract or any other contract so long as the default continues and (ii) to treat this contract as repudiated by the Buyer if the Buyer has not paid all sums due to the Seller within 7 days of receiving written notice of default from the Seller.
  4. Delivery Date and Passing of Risk
    1. Any dates quoted for the delivery of Goods or the supply of Services are estimates only and time for delivery shall not be of the essence.
    2. Delivery of Goods shall take place when the Goods are loaded at the premises of the Seller or other delivery location agreed with the Seller (the “Delivery Location”). If the Buyer collects or arranges collection of the Goods from the Delivery Location or nominates a carrier for the Goods, delivery shall take place when the Goods are placed at the disposal of the Buyer at the Delivery Location. Risk in the Goods shall pass to the Buyer when the Goods are delivered. If the Buyer fails to accept delivery or arrange for collection of the Goods when they are ready for delivery the Seller reserves the right to claim compensation from the Buyer with respect to storage costs, interest and insurance premiums.
    3. If delivery of all or some of the Goods or Services is prevented or delayed by circumstances beyond the reasonable control of the Seller, the Seller shall not be liable for any loss or damage caused and shall have the option to cancel the contract wholly or in part or to suspend or delay delivery or further delivery without incurring any liability to the Buyer provided that, if the event in question continues for a continuous period in excess of three months, the Buyer shall be entitled to give notice in writing to the Seller to terminate the contract.
    4. The quantity of the Goods delivered under each order shall be recorded by the Seller upon dispatch from the Seller’s premises and the record of the Seller shall be accepted by the Buyer as conclusive evidence of the quantity delivered.
  5. Property
    1. Ownership in the Goods shall not pass to the Buyer until the Seller has received, in full, all sums due in respect of (a) the Goods, and (b) all other sums which are or which become due to the Seller from the Buyer on any account.
    2. Until ownership of the Goods passes to the Buyer shall (a) hold the Goods on a fiduciary basis as bailee for the Seller; (b) store (at the Buyer’s cost) the Goods seperately from all other goods such that they remain readily identifiable; (c) not destroy, deface, or obscure any identifying mark on the Goods; (d) keep the Goods insured on behalf of the Seller for their full price against all risks to the reasonable satisfaction of the Seller and provide, on request, evidence of such insurance to Seller; and (e) grant the Seller and its agents an irrevocable licence to enter at any time any premises where the Goods are stored in order to inspect them or, where the Buyer’s right to possession has terminated, to recover them.
    3. Notwithstanding that ownership of the Goods has not passed to the Buyer, the Buyer (a) may in the ordinary course of business, acting as principal, use, lease, sell or otherwise dispose of the Goods provided that any such sale or lease shall be for at full market value. The proceeds arising from the sale or lease of the Goods shall replace the Goods for retention of title purposes and the Buyer shall pay such proceeds into a seperate bank account for the benefit of the Seller.
    4. Buyer’s right to possession of the Goods shall terminate immediately if: (a) Buyer fails to perform any of his/its obligations under these Conditions (including the obligation to pay the Stated Price) or any other contract between the Seller and the Buyer; (b) the Buyer convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by the holder a security interest, or a resolution is passed or a petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; (c) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on its property, or is unable to pay its debts or the Buyer ceases to trade; or (d) the Buyer encumbers or in any way charges any of the Goods. In the event that Seller exercises its right to recover the Goods, the Buyer shall indemnify Seller against all costs incurred in connection with such recovery.
    5. The Seller shall be entitled to recover payment for Goods notwithstanding that ownership has not passed from the Seller. On termination of this contract, the Seller’s rights in this clause 6 shall remain in effect.
  6. Warranty
    1. The Seller’s warranty in respect of Goods shall be limited, to the extent permitted by applicable law, to the original manufacturer’s warranty for such Goods at the date of delivery and, subject to clause 7(2), the Buyer’s sole remedy for any breach of Seller’s warranty shall be repair or replacement of the defective Goods in accordance with such warranty. The Seller’s warranty in respect of Services shall be limited to providing the services with reasonable skill and care. The warranties in this clause 6.1 do not extend to faults caused by willful damage, negligence, incorrect storage or use, movement, installation (except by the Seller, its servants or agents) or defects caused by wear and tear, and are, to the extent permitted by applicable law, expressly in lieu of and to the exclusion of any other representations, guarantees, conditions or warranties whatsoever whether expressed or implied, statutory or otherwise, as to quality of the Goods or their fitness for any particular purpose or the quality of Services provided. The warranty shall not apply if the Buyer has not paid for the defective Goods by the due date for payment.
    2. Seller shall not be liable for a breach of the warranty in respect of any shortage or apparent or hidden defect of any of the Goods, unless the Buyer notifies the Seller of such fact by telephone within 48 hours of delivery of the Goods (or, in respect of a hidden defect, within 48 hours of discovery of the defect) and confirms the same by written notice within 72 hours of delivery of the Goods (or, in respect of a hidden defect, within 72 hours of discovery of the defect).
  7. Liability
    1. Subject to clause 7.2, the Seller’s total financial liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising from (a) any breach of these Conditions; (b) the use or resale by the Buyer of the Goods; (c) the provision of Services; or (d) any representation, tortious act or omission, including negligence, arising in connection with this contract; shall be limited to the Stated Price. The Seller shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, loss of goodwill or otherwise, in each case whether direct, indirect or consequential or other claims for consequential compensation (howsoever caused) arising in connection with this contract.
    2. Nothing in these Conditions excludes or limits the liability of the Seller for fraudulent misrepresentation or for death or personal injury caused by the Seller’s negligence or any other matter for which the Seller may not, under applicable law, exclude or attempt to exclude its liability.
  8. General
    1. Any communication given hereunder shall be deemed to have been validly given if communicatied personally, by registered letter or by facsimile (confirmed by a registered letter) to the registered office of the relevant party. Communications (i) by registered letter shall be deemed received 48 hours from the time of sending and (ii) by fax shall be deemed received two working hours after time of transmission.
    2. No waiver by the Seller of any breach of these Conditions by the Buyer shall be a waiver of any later breach of the same or any other provision. Failure or delay by the Seller in enforcing any rights under these Conditions shall not be a waiver of its rights.
    3. If any provision is found by an authority of competent jurisdiction to be wholly or in part unenforceable, it shall be deemed severable and the remaining provisions of these Conditions shall continue in force. The parties do not intend that this contract to be enforceable by any person that is not a party to it.
    4. The Seller may assign the contract or any part of it.
    5. These Conditions shall be governed by and interpreted in accordance with the Law of England. Any dispute relating to the existence, interpretation, performance, and termination of the sale contract shall be for the non-exclusive jurisdiction of the English courts. Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Power Tower’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
      The term Power Towers Limited or ‘us’ or ‘we’ refers to the owner of the website whose registered office is West House, West Avenue, Wigston, Leicester LE18 2FB, United Kingdom. Our company registration number is registered in England No. 6143386. The term ‘you’ refers to the user or viewer of our website.

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