TERMS AND CONDITIONS
General Conditions of Contract
Any amendments to the following terms and conditions will need to be approved by P M Promo in writing prior to the commencement of the contract.
All orders received constitutes an offer of purchase of goods from P M Promo in accordance with these terms and conditions. The contract date will commence once we have contacted the buyer with written confirmation of acceptance of buyers order.
Terms of Payment
P M Promo requires payment in full prior to any order being processed, unless credit facilities have been agreed with ourselves in advance of the order. Payments relating to pre-approved credit accounts must be made within 30 days of the invoice. P M Promo reserves the right to withdraw credit facilities without notice.
Product Details & Pricing
All illustrations, descriptions or drawings displayed on our website are produced solely for the purpose of providing an approximate idea of the goods. Every effort is made to describe all goods on the website as accurately as possible. There is no warranty provided as to the accuracy and P M Promo will not accept responsibility for error, mis-description or resulting loss.
P M Promo reserves the right to alter design, detail or price of all products illustrated on our website without notice.
The buyer will remain fully responsible for ensuring that all logos and /or graphics (including measurements) are accurate and correct. P M Promo is in no way responsible for any such inaccuracies or errors. By submitting your order to us, you agree that P M Promo has the right or full permission to use any logos that are contained in your order specification. P M Promo is in no way liable to any third party for your unauthorised use of such imagery or logos, you hereby fully indemnify us against any such liability or claim.
Quotations
All orders accepted are subject to the right of P M Promo to adjust quoted prices taking into account any changes in law or government regulations requiring us to increase prices by way of direct taxation, customs and excise duties, import duties or otherwise. All prices quoted or seen on our website are based on today’s current costs of production of goods. In the event of an increase in costs of materials and/or wages occurring after the order confirmation or acceptance of contract, P M Promo is entitled to charge any such increase to you.
Delivery
P M Promo is not liable for any delay in delivery of goods or performance of any services that is incurred by a Force Majeure Event (see below) or the failure on behalf of the buyer to provide P M Promo with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.
Every effort is made to ensure delivery is on time. However, all delivery dates specified are only approximate. P M Promo does not accept any liability from any loss arising from error or delay in the delivery of goods.
All deliveries are charged at the prevailing rates applicable to the dates of delivery. Express deliveries can be arranged but these will be subject to additional charges which will be charged to you directly. Please contact P M Promo directly for more information.
Order Quantity
P M Promo shall be deemed to have fulfilled our contract by delivery of a quantity within 10% plus or minus of the quantity of goods ordered. The buyer will be charged at the agreed contract rates for the quantity delivered.
Changes to Order Quantity
If the buyer requires any change in the quantity of an order, P M Promo must be informed in writing prior to the commencement of the processing of the order. Any increase in an order will be regarded as separate contract unless P M Promo receives written notification prior to work commencing on the original order.
Acceptance of Goods
All goods delivered must be examined at the time of delivery. P M Promo must be notified immediately after the delivery of any goods that may have been damaged in transit or where there has been a partial loss of goods. P M Promo shall not be liable for any loss arising from damaged caused to the goods during transit unless the loss or damage is noted in the delivery note at the time of delivery.
P M Promo must be notified as soon as is practical after any delivery of goods that the buyer believes does not conform with the contract (no later than 7 days after delivery of goods). The buyer agrees to give P M Promo reasonable opportunity to examine any damaged goods and that at our option, shall replace any defective goods, or refund the price of the damaged goods. P M Promo is not liable for the goods failure to comply with contract where:
Deficiencies or damage to goods arise due to the failure of the buyer to follow any written or oral instructions as to the storage of the goods or (if there are none) good trade practices.
Damaged and/or defective goods are a result of negligence, abnormal storage or wilful damage from the buyer; or
Deficiencies in goods arise from any designs or specifications supplied to P M Promo that are subsequently incorrect.
Liability
P M Promo shall under no circumstances be liable to the buyer, in contract, breach of statutory duty, tort (including negligence), for any loss of profit, or any indirect consequential loss arising under or in connection with the contract.
The total liability of P M Promo to the buyer shall be in respect of all other losses that may arise under or in connection with the contract, be limited to the value of the contract.
If the buyer fails to give P M Promo notice of rejection of any goods relating to the Acceptance of Goods clause, the buyer shall be deemed to have fully accepted the goods and P M Promo cannot accept responsibility unless the buyer fully complies with the process of notification detailed in the Acceptance of Goods clause.
None of these terms and conditions affect the statutory rights of the buyer.
Cancellation Charges
Upon the contract being formed between P M Promo and the Buyer, P M Promo reserves the right to administer an administration charge on any cancellation of orders received, in addition to a charge relating to all work performed up until the date of the written cancellation.
Overdue Accounts
There will be no delivery of goods on accounts that remain unpaid 14 days after payment is due. Any invoices not fully paid by the due date may be subject to interest calculated at 5% on a daily basis until full payment has been received.
Force Majeure
Force Majeure is defined as an event beyond the reasonable control of P M Promo including but not limited to strikes, lock-outs or other industrial disputes (whether involving the seller or any other party), failure of a utility service or transport and delivery network, act of god, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic, or similar events, or default of suppliers or subcontractors.
P M Promo shall not be liable to the buyer as a result of delay or failure to perform its obligations under contract as a result of Force Majeure Event.
If the Force Majeure Event prevents P M Promo from providing the goods to the buyer for more than 6 weeks, P M Promo shall, without limiting its rights or other remedies, have the right to terminate the contract immediately by giving written notice to the buyer.
Waiver
Failure of either the buyer or P M Promo to insist upon strict performance of any provision of this or any agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Intellectual Property Disclaimer
P M PROMO sells authentic products that are purchased from reputable sources. We strive not to infringe the intellectual property rights of those who create the products listed in our catalog.
Please contact us via the contact page on our website if you believe that any items listed in our catalogue violate your intellectual property for any reason.
As per our policy, we remove any allegedly infringing products from our catalogue while we investigate any intellectual property issues that have been brought to our attention.
To help us remove any items related to your allegations during our investigation, please provide the listing information for any items in our catalogue of which are affected along with detailed information regarding the intellectual property you believe is being infringed upon.
Please also provide direct contact information for the person who is responsible for the resolution of your claim.
General
These terms and conditions are governed by the laws of England and Wales. By ordering goods from P M Promo you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of P M Promo.
Definitions
‘P M Promo, We, Us, Our’: P M Promo Limited.
‘Buyer, You, Your’: The company, firm or person who purchases the goods from us.
‘Contract’: The contract between you and us for the sale and purchase of goods defined in the above terms and conditions.