Terms & Conditions

CONDITIONS OF SALE

In these conditions 'Seller' refers to Pennwhite Limited and/or its subsidiary, associated or operating companies and 'Buyer' refers to the individual firm or company to whom a quotation is addressed or whose order is accepted by the Seller. These conditions shall apply in respect of all Contracts ('Contract') between the Seller and the Buyer for the purchase of goods or services from the Seller. No other conditions are incorporated or implied into any Contract between the Buyer and the Seller.

1.Application of Conditions

All quotations, offers and tenders are made subject to the following conditions. Except as otherwise provided in these conditions, all other terms, conditions or warranties are excluded from any Contract between the Seller and the Buyer unless expressly accepted in writing by the Seller.

2.Delivery

1. Time for delivery of the goods and completion of the services is given as accurately as possible but is not guaranteed. Except where otherwise agreed, the Seller shall deliver to the Buyer's premises stated in the Buyer's order. The Seller accepts no liability, subject to condition7, unless delivery is more than 14 days late and the Buyer has notified the Seller of such non-delivery in writing. The Buyer shall have no right to cancel the Contract for failure to meet any delivery or completion time stated.
2. The Seller reserves the right to deliver less or more than the quantity of goods ordered by up to 5% and the Buyer shall pay for the quantity actually delivered. Measurements of volume or weight are also subject to variation as a result of normal manufacturing or packing processes and the Buyer must accept such variations up to 5% of the stated measurement.
3. Failure by the Buyer to take delivery of any one or more instalments of goods delivered in accordance with the Contract shall entitle the Seller to terminate the Contract either in whole or part.
4. No liability can be accepted for damage in transit unless the Seller is notified in writing and a copy is received at the Registered Office of the Seller within 3 days from receipt of the goods. Where the Seller is notified of the damage to the goods in accordance with this provision, the Seller shall repair or replace the goods at its sole option.
5. If the Buyer does not promptly discharge road tankers used to deliver the goods to the Buyer, the Buyer shall indemnify the Seller against any liability whatsoever, including, but not limited to, a liability to pay demurrage or similar payments owed to the owner/operator of the road tanker in respect of the consequent delay.

3.Price and Payment

1. The price for the services or each delivery of goods will be the SellerÕs price ruling for the goods at the date of delivery or at the date of completion of the services or, in the event of the Seller requiring payment before delivery of the goods or services, at the date on which payment is due.
2. All prices (which unless otherwise specifically stated are exclusive of VAT and any other applicable taxes, including hydrocarbon oily duty, where applicable, and do not include delivery or package charges) are net and are not subject to any discount. Unless an earlier date is specified by the Seller, payment is due and shall be made in cash at the SellerÕs offices by the 20th day of the month following the month of delivery of the goods or services.
3. Interest at the rate of 3% per annum above HSBC base rate from time to time in force shall be chargeable on the entire sum outstanding where payment is not made in accordance with condition 3(b). Where the Buyer defaults in payment, the Seller shall be entitled to suspend any or all further deliveries and the performance of services under the Contract and under any other Contract between the Seller and the Buyer.
4. Where goods are delivered or consigned by instalments or the services performed in stages the Seller may invoice each instalment or stage separately and the Buyer shall pay such invoice in accordance with these conditions.
5. The Seller has the right to issue a supplementary invoice in respect of any increase in tax or duty between the date of despatch and the date of delivery for which the Seller may be liable to the appropriate authorities.

4.Payment for Containers

The Seller shall be entitled to charge the Buyer for crates, drums, boxes, cases, carboys or other types of packaging where such packaging is used for transportation of the goods to the Buyer. Where the Seller has indicated to the Buyer that such packaging is returnable to the Seller, the Buyer shall return them to the Seller in good condition within 3 months, carriage paid, and the Seller will credit the Buyer for such returned packaging in his next account. All returnable packages which are not returned to Seller in accordance with this provision, not complete or in good condition, and which have not previously been charged for, will be invoiced at the standard rate, payment of such invoice being due in accordance with condition 3(b).

5.Credit

The Seller reserves the right, at any time, to withhold credit facilities from or limit the amount or period of credit it will grant to Buyer.

6.Guarantee

1. Except as otherwise provided in these conditions, section 12 of the Sale of Goods Act 1979 is implied into the Contract.
2. The goods supplied by the Seller shall be in accordance with the specification supplied by the Seller (if any) and shall be of satisfactory quality but are not tested or sold as fit for any particular purpose unless specifically agreed in writing by the Seller. The services shall also conform to the specification supplied by the Seller (if any) and be carried out with all reasonable care and skill.
3. If the condition of the goods or services is such as might or would (subject to these conditions) entitle the Buyer to claim damages, to repudiate the Contract or to reject the goods or services the Buyer must first ask the Seller to repair the goods or supply satisfactory substitute goods or services and the Seller shall then be entitled at its option to repair or supply satisfactory substitute goods or services free of cost and within a reasonable time or to repay the price of the goods or services in respect of which the complaint is made.
4. If the Seller does so repair or supply satisfactory substitute goods or services or effect repayment under condition 6(c), the Buyer shall be bound to accept such required or substituted goods or services or repayment and the Seller shall be under no further liability in respect of any loss or damage of whatever nature arising in relation to those goods or services.

7.Liability

1. Nothing contained in these Conditions shall limit or restrict the Seller's liability for death or personal injury caused as a result of the Seller's negligence, nor does the Seller limit or restrict its liability for fraudulent misrepresentations under the Misrepresentation Act 1967.
2. The Seller or the SellerÕs manufacturers or suppliers provide written instructions and/or advice to the Buyer for the safe use of the Seller's goods and containers (such as crates, drums, boxes, cases or carboys) and other types of packaging (further copies available on request). The Seller accepts no liability whatever for any losses, costs or other claims caused where the Buyer uses its own containers or caused as a result of the BuyerÕs failure to use the Seller's goods, containers or other packaging in accordance with the written safety instructions and/or advice.
3. Where the Seller delivers goods and containers/packaging to the Buyer, the point of delivery will be the delivery vehicles side and the Seller accepts no liability whatever for any losses, costs or other claims in connection with the transfer of the goods and containers/packaging from the vehicle side to the Buyer's storage location.
4. Where the Buyer receives goods via a consignment delivery system, it is the Buyer's responsibility to ensure that all operating instructions and health and safety procedures are followed at the point of delivery and the Seller accepts no responsibility for any claims, losses, cost or damage caused at and from the point of transfer to the Buyer's installation.
5. Where the Seller delivers the goods to the Buyer, the Seller ensures that all packaging in the form of crates, drums, boxes, carboys etc are suitable to protect the goods from damage during delivery. The Seller can accept no liability for any loss or damage caused where such packaging is used for the further transportation of the goods or other unconnected goods and the Buyer must satisfy himself that the goods are safely packaged for such transportation.
6. Where the Buyer collects the goods from the Seller, although the Seller may inspect any collection vehicle used by the Buyer, the Seller shall not be responsible for any losses caused or claims made to the Buyer as a result of the unsuitability/inappropriateness of the vehicle in any respect whatsoever.
7. Unless the Seller has specifically confirmed to the Buyer that the goods are suitable to be mixed with any other goods, the Seller accepts no liability for admixture of the goods with any other goods and it shall be the Buyer's sole and entire responsibility to ensure that the products concerned and the containers to be used are entirely suitable for such admixture and/or for transfer of such.
8. For the avoidance of doubt, under no circumstances whatever shall the Seller be liable for losses special to the particular circumstances of the Buyer, indirect or consequential losses including loss of profits, damage to property or wasted expenditure. Further, the Seller's liability shall not exceed the contract price of the goods. The price of the goods is based on the assumption that the liability of the Seller is as set out herein.

8.Trade Marks etc

All trade marks, registered or unregistered design rights, copyrights, confidential information such as colour schemes, know-how and other intellectual property rights of any nature ('Intellectual Property') in all goods or services supplied by the Seller are owned by the Seller and/or its suppliers. The Seller reserves the right at any time to require Buyer forthwith to discontinue the use in any manner whatsoever any such trade marks or other Intellectual Property.

9.Risk

The risk in the goods shall remain with the Seller until delivery by the Seller or collection of the goods by the Buyer or payment for the goods by the Buyer, whichever id the earlier, at which time the risk in the goods shall be transferred to the Buyer.

10.Reservation of Title

1. Ownership of goods (including packaging) delivered under this contract shall remain with the Seller until payment in full has been made to the Seller for all monies owing in respect of all goods and services and packaging delivered to the Buyer by the Seller whether under this or any other Contract or account.
2. If any payment is overdue, whether under this or any other Contract between the Seller and the Buyer or the Buyer enters or threatens to enter any insolvency arrangement or procedure (including, but not limited to administrative receivership or liquidation), the Seller may, without prejudice to any of its other rights, recover or recall any or all of the goods including packaging which the Seller retains title to by virtue of condition 10(a) and may whether by itself or by agents duly appointed enter upon the Buyer's premises for that purpose.
3. Notwithstanding that title to the goods (including packaging) has not passed to the Buyer, the Seller shall be entitled to maintain an action for the price of the goods and/or packaging. Each paragraph of this condition is separate, severable and distinct.

11.Ex-Stock Goods

Ex-stock goods are offered subject to the same not having been sold elsewhere prior to receipt of unqualified acceptance of the Seller's quotation.

12.Variations

No variation to any Contract shall have effect unless signed in writing on behalf of the Seller by an Officer of the Seller.

13.Assignment/Consignment

The Contract is between the Seller and the Buyer as principal and is not assignable without the consent of the Seller.

14.Termination

The Seller shall be entitled forthwith to terminate any Contract between it and the Buyer by written notice if the Buyer fails to pay any invoice in accordance with these conditions, where the control of the Buyer changes during the period of the Contract or where the Buyer commits any continuing or material breach of these conditions of sale or makes any composition with its creditors or suffers any distress or execution to be levied upon its assets or is wound up either compulsorily or voluntarily or suffers a receiver of any of its assets to be appointed or otherwise ceases or threatens to cease to carry on business.

15.Force Majeure

The Seller shall have the right to cancel or delay performance of the services or deliveries of the goods if it is prevented from or hindered in or delayed in manufacturing or delivering the goods or services or any part thereof through any circumstances beyond its reasonable control, including but not limited to war, riot, government requisitions of any kind, suspension or loss of means of transport, strikes, lock-outs, labour disputes, fire, explosion, flood, accident, failure of any third party to supply the Seller, breakdown of machinery or anything directly or indirectly interfering with the raw materials or the manufacture, supply, shipment, arrival or delivery of the goods. During any such period of cancellation, the Buyer shall have the right to purchase elsewhere at his own risk and cost such quantities of the goods or services as may be necessary.

16.Jurisdiction

The Contract shall be governed and interpreted according to the laws of England and shall be subject to the jurisdiction of the English Courts.

Privacy Policy

Pennwhite Ltd takes the privacy of its customers seriously. We are committed to safeguarding the privacy of our customers while providing a valuable service. This Privacy Policy statement explains the data processing practices of Pennwhite Ltd. If you have any requests concerning your personal information or any queries with regard to these practices please contact us by e-mail

Information collected

Any personal information collected by Pennwhite.co.uk is collected on behalf of Pennwhite Ltd. We collect personal information from you through the use of enquiry and registration forms and every time you e-mail us your details.

We also collect information automatically about your visit to our sites. The information obtained in this way, which includes demographic data and browsing patterns, is only used in aggregate form.

Use and disclosure of personal information

We process personal information collected via the Pennwhite Ltd web site for the purposes of:

- dealing with your enquiry
- providing a personalised service
- providing you with information about products and services we offer.

We do not disclose your details to third parties other than in the following specific circumstances:

- We may disclose your information to business partners, subcontractors and third party suppliers we engage to either provide services which involve processing data on our behalf or where there is a requirement to communicate this information in order to fulfil our contractual obligations to you, as customer.
- We may also communicate information to, successors in title to our business or in accordance with a properly executed court order.

We also use information in aggregate form (so that no individual user is identified):

- to build up marketing profiles
- to aid strategic development
- to manage our relationship with advertisers and
- to audit usage of the site.

Use of cookies

We use "cookies" to identify you when you visit the Pennwhite Ltd web site and to build up a demographic profile.

A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information back from the browser. Find out more about the use of cookies on http://www.cookiecentral.com

Internet-based transfers

Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing the Pennwhite Ltd web site and communicating electronically with us you acknowledge and agree to our processing of personal data in this way.