Potclays Limited - Terms & Conditions

RULES AND REGULATIONS
The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, user acknowledges acceptance of these terms and conditions. Potclays Limited (hereinafter Potclays) reserves the right to change these rules and regulations from time to time at its sole discretion. In The case of any violation of these rules and regulations, Potclays reserves the right to seek all remedies available by law and in equity for such violations. These Rules and regulations apply to all visits to the Potclays Web Site.

LIMITED LICENSE
Potclays hereby authorises you to copy materials published by Potclays on this Web Site solely for non-commercial use within your organization. No other use of the information is authorised. In consideration of this authorisation, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Potclays or any third party.

ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM POTCLAYS. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS
User access to this Web Site is governed by all applicable laws. All information available on the Web Site is subject to U.K. Control laws and may also be subject to the laws of the country where you reside.

TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of Potclays or other third parties. Users are not permitted to use these Marks without the prior written consent of Potclays or such third party which may own the Mark.

DISCLAIMER
Although Potclays has attempted to provide accurate information on the Web Site, Potclays assumes no responsibility for the accuracy of the information. Potclays may change the programs or products mentioned at any time without notice. Mention Of non-Potclays products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. POTCLAYS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. POTCLAYS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY POTCLAYS PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF POTCLAYS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TRANSMISSION OF PERSONAL DATA
Except as required by law, Potclays will maintain the confidentiality of all personal information transmitted to Potclays by the user. Any feedback you provide at this Web Site shall be deemed to be non-confidential and Potclays will have no obligation to protect such information and may use such information in any way it chooses.

PRODUCTS AND SERVICES AVAILABILITY
Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. We welcome enquiries from overseas but due to import restrictions on some countries and freight costs we may not be able to supply certain overseas countries. EEC enquiries are welcome.

LINKS TO THIRD PARTY SITES
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and Potclays is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Potclays provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

ACCESS TO PASSWORD PROTECTED / SECURE AREAS
Access to and use of password protected and/or secure areas of the Web Site is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the Web Site may be subject to prosecution.

PRIVACY POLICY

INFORMATION THIS SITE GATHERS/TRACKS
The Potclays Limited Web site logs IP addresses and browser types, but does not link IP addresses to anything personally identifiable. This means that a user's session will be tracked, but the user will be anonymous.

You can browse our site without entering any personal information and therefore remain anonymous during your visit. However, we hope that all of our visitors will contact us by email so that we may keep them updated with new offers etc. The only other place that we collect personal information on our Web site is on the order form. The order form asks for billing information such as name, postal address, email address etc.

USE OF THE INFORMATION THIS SITE GATHERS/TRACKS
The Potclays Limited Web site logs IP addresses for systems administration purposes and these logs will be analysed to constantly improve the value of the materials available on the website.

POTCLAYS LTD ORDER FORM
The information that we require on our order form is only used to process your order quickly and accurately. Your contact information will only be used to send you the product that you purchase and your billing information will only be used to bill you for that product. This information will in no way will be used for marketing purposes by Potclays, nor will it be shared with any third parties.

LINKS
The Potclays Web site may contain links to other Web sites. Please be aware that our privacy policy does not apply to these linked sites. We encourage you to read the posted privacy statement whenever interacting with any Web site.

CONDITIONS OF SALE

APPLICATION OF CONDITIONS
All Goods supplied by the Seller are supplied on the following terms and conditions and no variation hereof or terms inconsistent herewith shall have effect unless such variation or term is expressly accepted by the Seller in writing.

PRICE
The price payable for the Goods shall be the price ruling at the date of despatch and applicable to the appropriate place of delivery according to the Seller's price list for deliveries to the mainland of Great Britain. An additional charge will be payable in respect of deliveries to other United Kingdom locations. In the case of export sales the price payable shall be the price ruling on the date of despatch and (if applicable) appropriate to the place of delivery according to the Seller's export price list. The Seller reserves the right to vary prices without notice.

QUALITY AND LIABILITY

a) The Seller warrants and undertakes that the Goods shall:

(i) be of sound and merchantable quality.
(ii) be in accordance with the Seller's specification thereof for the time being in force.
(iii) in a sale by description or sample, correspond with the description or sample as the case may be.
(iv) be fit for the ordinary purposes specified or set out in the Seller's published literature or instructions for use and such other purposes as the Seller may agree in writing with the Buyer.

b) Except as stated in a) above, and insofar as it is legally permissible to do so, all express and implied conditions and warranties, statutory or otherwise, as to quality or correspondence with description or sample, or fitness for any purpose of the Goods, are hereby expressly excluded.

c)The Seller hereby notifies the Buyer that the price for the Goods payable hereunder has been determined on the basis that the Seller's liability for any breach of warranty under a) above, or for any liability arising out of any recommendation or advice given by the Seller or its employees or agents to the Buyer or its employees or agents to the storage, application or use of the Goods shall be limited to the Seller's option to

(i) refund of the purchase price of the Goods, or
(ii) replacement of the Goods and the Seller's liability (so far as the law permits) shall be limited accordingly.

DELIVERY
Unless otherwise agreed in writing:

a) delivery estimates given by the Seller are for the assistance of the Buyer, but the Seller shall be under no liability for any failure or any delay in despatch or delivery, nor for any loss or damage whatsoever arising there from.
b) the unloading of the Goods on delivery from any vehicle is the responsibility of the Buyer, who shall unload without undue delay.
c) in any case where forwarding instructions are required from the Buyer, and the Seller has given notice that the Goods are ready for despatch, the Buyer shall give such instructions in reasonable time and so as to require delivery within 30 days from the date of the Seller's notice. If the Seller does not receive such forwarding instructions it shall (without affecting the obligation to sell and deliver Goods) be at liberty to dispose of the Goods which are the subject of the notice of readiness as it thinks fit.
d) delivery shall be deemed to have been completed when the Goods have been unloaded from the vehicle delivering them, and the Seller shall not be required to investigate the authority of the persons receiving the Goods to act on behalf of the Buyer. Export sales shall be upon such terms of delivery and otherwise as may be agreed.
E) Please ensure that on the agreed delivery date someone is there to receive and sign for the goods. Carriers will not leave orders without a person to receive them.
F) No order will be accepted or despatched without a full address and POSTCODE.

SUBSTITUTION
Potclays reserves the right to substitute any item out of stock with the nearest variety of equal or greater value unless expressly instructed not to do so at placement of order.

PAYMENT
The price of any Goods shall be paid with the order and any subsequent increase or decrease in the price payable hereunder shall be adjusted by the Seller and the Buyer upon delivery of the Goods. If, or for as long as, the Seller is willing to supply on credit terms, the Buyer shall (unless otherwise agreed) pay the price and any other charges not later than the 30th day of the month following the month of invoice.

RISK AND PROPERTY
The risk in the Goods shall pass to the Buyer upon delivery of the Goods to the Buyer or to any carrier or location nominated by the Buyer. The Seller and the Buyer expressly agree that until the Seller has received in cash or cleared funds payment in full for the Goods and until all other sums due from the Buyer to the Seller on any account whatsoever have been paid in full:

a) property in the Goods shall remain in the Seller and the Goods shall be received and held by the Buyer as bailee for the Seller and the Buyer shall store the Goods without charge to the Seller in such a manner that they are clearly identified as the property of the Seller.
b) the Seller may recover all or any of the Goods from the Buyer without notice at any time they are in the possession of the Buyer and for that purpose the Seller and its servants and agents may enter upon any land or building upon which the Goods are situated.
c) without prejudice to the foregoing provisions of this Clause the Buyer has the right to dispose of the Goods in the ordinary course of its business but only for the account of the Seller and in the event of such disposal, the Buyer has the fiduciary duty to the Seller to account to the Seller for the proceeds separate from any moneys or property of the Buyer and third parties hereto.
d) the Buyer shall without charge to the Seller ensure that the Goods and any products in which they are incorporated are kept in good condition and repair and shall keep such goods and products insured against all risks to their full replacement cost under a policy which provides for all monies payable thereunder to be paid to the Seller for the purpose of satisfying from such monies any outstanding claims by the Seller against the Buyer and paying the balance (if any) to the Buyer.
e) the Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness of the Goods which remain the property of the Seller, but if the Buyer does so, all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

DAMAGE AND LOSS
No claim shall be maintainable by the Buyer against the Seller for loss or damage to the Goods unless the delivery ticket is appropriately endorsed with brief details of the loss and/or the nature of the damage, and a written claim is submitted to the Seller within 72 hours of the date of despatch shown on the delivery ticket.

FORCE MAJEURE
Neither the Seller nor the Buyer shall be responsible for any failure to fulfil any terms of this Agreement if fulfilment has been delayed, hindered or prevented by any circumstances whatsoever which are not within the control of the Seller or the Buyer as the case may be, or by shortage of suppliers required for, or in connection with, the manufacturer of the Goods or by compliance with any order or request of any national port, local or other authority. If the Seller is at any time delayed or hindered in delivering the quantity which is deliverable under contract with the Buyer and at the same time maintaining in full its business in the Goods, the Seller shall be at liberty to withhold, suspend or reduce deliveries to such extent as the Seller in its discretion may think fit and reasonable, and shall not be bound to acquire by purchase or otherwise additional quantities from the suppliers.

APPLICABLE LAW
English law shall apply and any dispute shall be settled in the English Courts.
NOTE: Prices on this site apply to Great Britain mainland only. All prices may be subject to variation without prior notice.
VAT - Prices charged on our price lists are exclusive of VAT.
Containers - Free and non-returnable.
Carriage - Paid home when delivered to Great Britain mainland.
Small Order Charge - Orders with a net invoice value of less than £100 exclusive of VAT, may be subject to an addition of £15 flat rate administration, plus VAT and part cost of delivery charge.
Terms - Nett payment on or before the 30th day of the month following the month of invoice.