Terms of Sale

Please read the following Terms of Sale (‘terms’) carefully as any orders placed by you (‘You’ means the person or company viewing this website or placing an order on the website) with proserveuk.co.uk will form a Contract which will be subject to these terms.

The website www.proserve-machines.co.uk are owned wholly by Projuice Limited (referred to throughout this website as ‘proserve-machines.co.uk’, ‘us’ or ‘we’), whose registered office is Unit C1, Sanderling Court, Osprey Road, Exeter, EX2 7PJ, United Kingdom and Company Registration number is 05172286.

1. ORDERS
1.1    By placing an order with us you agree to be bound by our terms of sale to you for those Goods. We act as suppliers of the Goods and are not manufacturers, and our liability is limited as such.
1.2    You acknowledge that you are over 18 years old, have the authority and capacity to enter into a contract with us.  Employers must advise us if their staff do not have such authority. You acknowledge that you are dealing as a commercial entity/business and not as a consumer. If you are dealing as a consumer, you must inform us as these terms may not apply to you.
1.3    These are the only terms that apply unless we have expressly agreed otherwise in writing. No statements or representation made on our behalf (whether written or oral and whether or not you have relied on them) are valid unless authorised by one of our appointed employees or agents and is repeated in writing and attached to these terms.
1.4    Each order for Goods by you from us is an offer to buy Goods subject to these terms.
1.5    It is your responsibility to ensure that the terms of your order and any applicable specification are complete and accurate, and we will not accept liability for any errors or omissions of inaccurate specifications.
1.6     Prices may be withdrawn or altered by us during at any time without notice.

2. DESCRIPTION
2.1    The Goods are as set out in our website.
2.2    All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
2.3    You will rely on your own assessment prior to order as to fitness for the purpose of the Goods whether or not you took advantage of any inspection and testing offered to you by us.
2.4    Illustrations, weights, measures, performance capabilities, application suitability information and other data set out in our website are statements of opinion and are provided for information only and form no part of the Contract.

3. PRICES
3.1    Prices quoted are our current prices at that date (exclusive of VAT and delivery unless otherwise indicated).
3.2    Unless otherwise indicated, packaging for Goods is included in the price.

4. DELIVERY
4.1    We will endeavor to deliver the Goods to you within the time scales indicated when you placed the order. However, the time and date of delivery and the quantity of Goods ordered are not guaranteed. You shall have no right to damages or to cancel the order for failure, for any cause, to meet any delivery time stated.
4.2    Unless otherwise indicated, delivery charges are excluded in the price of the Goods.
4.3    You will provide at the Delivery Point and at your expense, adequate and appropriate equipment and/or manual labour for unloading/receiving the Goods.
4.4    In some circumstances delivery may be by instalments. This will be subject to prior agreement between us.

5. DEFECTIVE DELIVERY AND DAMAGE IN TRANSIT
5.1    If you fail to accept delivery (for whatever reason) or if we have agreed to a postponement in writing, or if we are unable to deliver the Goods on time because you have not provided appropriate instructions, documents, licences or authorisations, we may store the Goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
5.2    Our liability is limited in accordance with clause 10 below.
5.3    We may deliver the Goods by separate instalments.  Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
5.5    Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.
5.6    You shall have no right or claim for shortage or defects or mis-delivery unless
i) you have inspected the Goods immediately on delivery and notified us immediately on of the shortage or defect; and    
ii) we are given an opportunity to inspect the goods before you have used, resold, altered, incorporated or modified the Goods.
5.7    If you do not make an immediate complaint to us or the Carrier, the Goods shall be deemed to have been delivered in the correct quantity and free of defects apparent on inspection.

6. CANCELLATION
6.1    Cancellation will only be accepted by us in writing and on condition that all costs and expenses incurred by us up to the time of cancellation and other loss or damage resulting to us because of the cancellation will be reimbursed to us by you forthwith.
6.2    As all orders are received on the basis that you are dealing as a commercial entity/business and not as a consumer, the Distance Selling Regulations do not apply and your order is complete when you accept delivery of the goods.  Therefore it is important that you have selected the correct product when placing your order as you will not be entitled to a full refund if you wish to return the goods.
6.3    We do not accept the return of goods unless the product is new and in its original, unopened packaging.

7. RISK AND TITLE
7.1    The Goods (in part or in full) are at your risk from the time of delivery, even if we have arranged delivery to another venue for you.
7.2    Ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to it in respect of:
i)    the Goods; and
ii)    all other sums which are or which become due to us from you on any account.
7.3    Until ownership of the Goods has passed to you, you shall:
i)     hold the Goods on a fiduciary basis as our bailee;
ii)     store the Goods (at no cost to us) separately from all your other goods or any third party in such a way that they remain readily identifiable as our property;
iii)    maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction; and
iv)    personally guarantee payment of undisputed outstanding balances.
7.4    You consent to granting an irrevocable license to permit our servants or agents to enter your premises or where the Goods are stored and to inspect or repossess the goods at any time up to when we have received final payment or if your right to procession has terminated.
7.5    You can only resell the Goods before you have good title on the understanding that if you resell the goods then you hold on trust for us the amount due to us in full and final settlement owed to us.
7.6    You may only mix the Goods with others or use them in the process of manufacture prior to the passing of title with our written consent (not to be unreasonably withheld) providing that you have given us suitable guarantees regarding discharge payment in full to us.
7.7    Your right to possession of the Goods terminates immediately if:
i)    you breach this contract;
ii)    you are unable to pay your debts;
iii)    you cease to trade; or
iv)    you encumber or in any way charge any of the Goods.

8. TERMS OF PAYMENT
8.1    Payment in full is due on placement of an order.
8.2    The time for payment is of the essence. Payment is not deemed to have taken place until we have cleared funds.
8.3    No disputes arising under the Contract nor delays beyond our control shall interfere with your prompt payment.
8.4    In the event that you default on payment, we are entitled (without prejudice to any other right or remedy) to suspend all deliveries without notice. You shall settle all outstanding balances to us on demand.
8.5    If you fail to pay us in full any amount due, you will be liable to pay interest on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of the Bank of England accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

9. LIABILITY
9.1    All warranties, conditions and other terms implied by statute or common law (save for Section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from the Contact.
9.2    Our total liability in contract, tort (including breach of statutory duty and negligence), misrepresentation, restitution or otherwise is limited to the Price for the Goods.
9.3    In the event that we are liable for Goods which are proved to our satisfaction to be faulty (fair wear and tear or damage due to misuse excepted), our liability is limited (at our option) to replacement of the Goods or repayment to you all sums paid in respect of Goods supplied PROVIDED that such fault be notified immediately upon delivery to you. Any such replacements shall include free delivery to your premises.
9.4    We are not liable to you or any third party for pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise in each case whether direct, indirect or consequential loss, costs, damages or expenses with respect to the supply (in part or whole) of Goods or failure to supply the Goods, or how so ever arising in connection with or arising out of this contract.
9.5    Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence.

10. QUALITY AND WARRANTY
10.1    In the event that nonperishable Goods are faulty, we will pass on to you the benefit of any applicable manufacturer’s warranty.

11. EXTERNAL EVENTS
11.1    We reserve the right to delay or reduce delivery or cancel this Contract and will be not be liable for any delays loss or damage caused wholly or in part by circumstances outside our control including, but not limited to Acts of God, war, terrorism, protests, riot, civil commotion, fire, flood, epidemic, lock outs or strikes, or by any act done or not done pursuant to a trade dispute, whether such dispute involved our servants or not.
11.2    We shall be granted all necessary time on other indulgences necessary in the event of fire, breakdown of machinery or other circumstances beyond our reasonable control and shall not be liable for any delays loss or damage so caused.

12. INTELLECTUAL PROPERTY
12.1    If you use our Intellectual Property (such as trademarks or copyright) we reserve the right to withdraw such material forthwith. You warrant that you will comply with all our reasonable instruction.

13. GENERAL
13.1    Failure or delay on our behalf to enforce any remedy available to us is not to be construed as a waiver or any of our rights under this contract.
13.2    Each right or remedy available to us under this Contact is without prejudice to any other right or remedy available.
13.3    If any provision of this Contract is found by a competent Court, tribunal or administrative body to be wholly or partially illegal, void, invalid, voidable, unreasonable or unenforceable, that provision shall be severed from the remaining provisions of the Contract.
13.4    In the event that we bring legal proceedings against you for breach of these terms, you will be liable for our reasonably and legitimately incurred costs.
13.5    This contract is governed by English law and is subject to the exclusive jurisdiction of the Courts of England and Wales.
 


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Terms & benefits

  • Fixed Rates for the length of the agreement
  • Major tax advantages - every payment is 100% allowable against corporation tax
  • Spreading the cost of the equipment makes it easier to obtain higher specification equipment
  • Maintains cash within the business for future growth

    All payments shown are indicative based upon a typical business trading in excess of 3 years and are subject to status and vat. The tax relief shown is for illustration purposes only so please contact your accountant to clarify how tax relief can work for you.
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