Terms and Conditions

The customer’s attention is drawn in particular to the provisions of clause 9.

1. Interpretation

1 Definitions. In these Conditions, the following definitions apply:

Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

Conditions: the terms and conditions set out in this document.

Contract: the contract between Plasterspot and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

Customer: the person or firm who purchases the Goods from Plasterspot.

Force Majeure Event: has the meaning given in clause 10.

Goods:  the goods (or any part of them) set out in the Order.

Order: the Customer’s order for the Goods, as set out in the Customer’s purchase order form, the Customer’s written acceptance of Plasterspot’s quotation, or overleaf, as the case may be.

Plasterspot: Plasterspot Limited (registered in England and Wales with company number 09254211).

1 Construction. In these Conditions, the following rules apply:

(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

(b) A reference to a party includes its personal representatives, successors or permitted assigns.

(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

(e) A reference to writing or written includes faxes and e-mails.

1. Basis of contract

1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.

3 The Order shall only be deemed to be accepted when Plasterspot issues a written acceptance of the Order, at which point the Contract shall come into existence.

4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Plasterspot which is not set out in the Contract.

5 Any samples, drawings, descriptive matter, or advertising produced by Plasterspot and any descriptions or illustrations contained in Plasterspot’s catalogues, brochures and/or website are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.

6 A quotation for the Goods given by Plasterspot shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue.

2. Goods

1 The Goods are described in Plasterspot’s catalogue or on Plasterspot’s website from time to time.

2 Plasterspot reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.

3. Delivery

1 Plasterspot shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Plasterspot reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.

2 Plasterspot shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Plasterspot notifies the Customer that the Goods are ready. Should there be any import charges on the goods the customer is ilable to pay the required amount when buying from overseas.

3 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.

4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Plasterspot shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide Plasterspot with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

5 If Plasterspot fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Plasterspot shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide Plasterspot with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

6 If the Customer fails to accept delivery of the Goods within three Business Days of Plasterspot notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or Plasterspot’s failure to comply with its obligations under the Contract:

(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which Plasterspot notified the Customer that the Goods were ready; and

(b) Plasterspot shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

7 If 10 Business Days after the day on which Plasterspot notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Plasterspot may resell or otherwise dispose of part or all of the Goods.

8 Plasterspot may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

4. Quality

1 Plasterspot warrants that on delivery, and for the period from delivery until the “use by date” stamped on the Goods (or the packaging the Goods are delivered in), the Goods shall:

(a) conform in all material respects with their description;

(b) be free from material defects in design, material and workmanship; and

(c) be fit for any purpose held out by Plasterspot.

2 Subject to clause 5.3, if:

(a) the Customer gives notice in writing to Plasterspot within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;