1.1 "Buyer" means the individual or organisation who buys, or agrees to buy the goods from the seller.
1.2 "Contract" means the contract between the seller and the buyer for the sale and purchase of goods incorporating these terms and conditions.
1.3 "Goods" means the articles that the buyer agrees to buy from the seller.
1.4 "Seller" means PHM Plant Services Ltd of 117 Bath Road, Stroud, Gloucestershire, GL5 3JW.
1.5 "Terms and Conditions" means the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the seller.
2.1 Nothing in these terms and conditions shall affect the buyer's statutory rights.
2.2 These terms and conditions shall apply to all contracts for the sale of goods by the seller to the buyer and shall prevail over any other documentation or communication from the buyer.
2.3 Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer's acceptance of these terms and conditions.
2.4 Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
3.1 All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these terms and conditions and are subject to acceptance by the seller. The seller may choose not to accept an order for any reason.
3.2 In the unlikely event that the goods ordered by the buyer are not available from stock, the buyer shall be notified and given the option to either wait until the goods are available from stock, or cancel the order and receive a full refund within 30 days.
4. Price and Payment
4.1 The price of the goods shall be that stipulated on the seller's website. The price is inclusive of VAT. The price excludes delivery charges.
4.2 The total purchase price, including VAT (if any) and delivery charges, will be displayed in the buyer's shopping basket prior to confirming the order.
4.3 After the order is received, the seller shall confirm by email the details, description and price for the goods.
4.4 Payment of the price plus VAT and delivery charges must be made in full before despatch of the goods.
5. Rights of Seller
5.1 The seller reserves the right to adjust the price and specification of any item on the website at its discretion.
5.2 The seller reserves the right to withdraw any goods from the website at any time.
5.3 The seller shall not be liable to anyone for withdrawing any goods from the website or for refusing to process an order.
6.1 If the products the seller delivers to you are not as ordered, or are damaged, defective or of incorrect quantity, the seller's liability shall be limited to replacing the damaged or defective products, or making good the shortfall in quantity or at the seller's option crediting the price and delivery charges of those products to the buyer. The seller shall not be liable to the buyer for failure to deliver products ordered by the buyer unless notified to the seller within 42 days of the date of order. The buyer’s liability shall be limited to delivering the products ordered or at the seller’s option, crediting the price and delivery charges of the non-delivered products to the buyer.
6.2 The seller shall not be liable for any direct, indirect, special or consequential loss or damage including loss of profit or any other form of compensation. Nothing in these terms and conditions shall be construed to limit the seller’s liability for death or personal injury caused by its negligence.
6.3 This does not affect your statutory rights.
7.1 Goods supplied within the U.K. will normally be delivered within 7 working days of acceptance of order.
7.2 Delivery of the goods shall be made to the buyer’s address specified by them on the order and the buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
7.3 If delivery cannot be made to the buyer’s address, the seller will inform the buyer as soon as possible, and refund the buyer for any sum that has been paid.
7.4 Every reasonable effort will be made to deliver the goods as soon as possible after the order has been accepted. Any dates specified by the seller for the delivery of goods are intended to be an estimate and time of delivery shall not be made of the essence. However, the seller will not be liable for any loss or damage suffered by the buyer through any reasonable or unavoidable delay in delivery. In this case, the seller willl inform the buyer as soon as possible.
8. Cancellation and Return
8.1 The buyer shall inspect the goods immediately upon receipt and shall notify the seller via email or telephone (01453 763532) within 48 hours of delivery if the goods are damaged or do not comply with any of the contract. If the buyer fails to do so, the buyer shall be deemed to have accepted the goods.
8.2 Where a claim of defect or damage is made, the goods shall be returned by the buyer to the seller, along with written details of the defect or damage. The buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the goods are in fact defective.
8.3 The buyer has the right to cancel the contract at any time up to the end of seven working days after the goods are received. A working day is any day other than weekends and bank or other public holidays.
8.4 Goods must be returned by the buyer at the buyer’s expense and should be adequately insured during the return journey. The buyer will receive a refund of all monies paid for the goods (excluding delivery charges) within 30 days or cancellation. If the buyer fails to return the goods within 30 days following cancellation, the seller shall be entitled to deduct the costs of recovering the goods from the buyer.
9. Force Majeure
The seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and the seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. Changes to Terms and Conditions
The seller shall be entitled to alter these terms and conditions at any time but this right shall not affect the existing terms and conditions accepted by the buyer upon making a purchase.
12. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.