TERMS AND CONDITIONS OF SALE – Retail Customers

  1. APPLICABLE CONDITIONS
    1. Unless otherwise agreed in writing, the goods and services are supplied by Peakco Ltd, 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 by the Purchaser of these conditions.
    2. 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.
    3. All orders placed with the Seller are subject to a deposit which is not refundable.
    4. Quotations are valid for thirty days but may be withdrawn without notice.
    5. Catalogues, price lists 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.
    6. The Seller does not guarantee that delivery will be affected by any date referred to in any contract or in any antecedent negotiations thereon and therefore time shall not be of the essence in the contract.
    7. The Seller will accept telephone orders provided the Purchaser supplies the required deposit within one week. The Seller’s Terms and Conditions of Sale will apply to telephone orders.
    8. Nothing in these Conditions shall affect any right of the Seller against or in connection with the goods.
    9. Each order received and accepted by the Seller will be deemed to form a separate contract to which these Terms and Conditions of Sale apply.
  2. PRICE
    1. There is no minimum order charge.
    2. A charge will be made against orders to cover carriage and packing unless included in the selling price. Special delivery arrangements requested by the Purchaser will be charged at true cost.
    3. The Seller is not vat registered at this time.
    4. Irrespective of any price quoted or acknowledged, the Seller reserves the right to invoice the goods or services at the price ruling on the date of despatch.
    5. The Seller will not accept any costings clause however shown of the Purchaser’s orders or correspondence
  3. PAYMENT
    1. The balance of the purchase price in cleared funds is due BEFORE delivery of the goods.
    2. 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.
    3. Tooling charges are payable 100% with Purchaser’s order.
    4. Payment shall become immediately due upon start of any act or proceeding involving the Purchaser’s insolvency.
    5. We cannot accept credit or debit card payments as we do not have the facility. We do accept bank transfers but the remitter must pay all charges, we will only release the goods once we receive cleared funds in full.
  4. PASSING THE PROPERTY
    1. The property of 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 account and for the benefit of the Seller.
    2. If the goods or any part thereof should become constituent of or be processed or converted into other goods while subject to 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.
    3. Without prejudice to any of their other rights 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
    1. 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. Any insurance claims must be made direct to the carrier and not to the Seller.
  6. DELIVERY
    1. 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.
    2. No goods may be returned without the Seller’s written consent.
  7. SPECIFICATION AND AVAILABILITY
    1. 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. MANUFACTURERS SPECIFICATIONS
    1. The Seller will not be liable for any loss or damage arising from variations in or from the Manufacturers Specifications or Technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supplies following any such variation.
  9. IP RIGHTS
    1. The sale of goods and the publication of any information or technical data relating to such goods do not imply freedom from patent or other protective rights and the Seller accepts no liability for infringement of such rights
    2. "Classic Collections" and "Peak" are registered trademarks of the Seller, we claim common law rights to the trademark "Jodel"
  10. DEFECTIVE PRODUCTS
    1. 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 or 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 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.
    2. The Purchaser shall inspect the goods on delivery and shall within three days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with description. The Purchaser shall afford the Seller an opportunity to inspect the goods within a reasonable time following delivery and before any use is made of them. If the Purchaser shall fail to comply with these provisions the goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the goods and the Purchaser shall be deemed to have accepted the goods.
  11. FORCE MAJEURE
    1. 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 forgoing) fire, flood, storm, plant breakdown, strikes, lock-out, riots, hostilities, non-availability of materials or supplies or by any outside control of the Seller.
  12. CANCELLATION
    1. If the Purchaser cancels the contract or order he shall reimburse the Seller in respect of all costs and expenses by the Seller in connection therewith up to the date of cancellation. Any deposits paid are not refundable
    2. The Seller may withhold or cancel further or any deliveries under the contract of sale and may recover from the Purchaser all losses resulting there from, if the Purchaser:
      1. Fails to make payment to the Seller on the due date under any contract with the Seller or,
      2. Enters into a composition with his creditors or (being a company) has the 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,
      3. Is in breach of any terms and conditions contained herein (notwithstanding that on a former occasion or occasions the Seller has waived its rights).
    3. The exercise of rights under condition 12 shall be without prejudice to the Seller’s other rights or remedies.
  13. LEGAL PROVISIONS
    1. These Terms and Conditions of Sale shall be construed in accordance with English Law