TERMS OF TRADING of Prism Powder Coating Ltd (PPC).

(Company number SC649492) (PPC)

Prices and Quotations: A quotation for goods given by PPC (Quotation) shall not constitute an offer. A Quotation shall only be valid for a period of 30 days from its date of issue, unless otherwise stated.

Your order (Order) constitutes an offer by you for the purchase of the goods in a Quotation (Goods) in accordance with these terms of trading and the relevant Quotation (Terms). If an Order does not constitute all of the Goods in a Quotation, PPC may revise its prices and the Quotation. Clerical errors are subject to correction. Orders shall be accepted only when PPC confirms acceptance (whether orally or in writing), at which point there shall be a contract for the sale and purchase of the Goods on these Terms (Contract). These Terms apply to the exclusion of any other terms that you may seek to impose, incorporate or imply.

Unless expressly incorporated into the Contract, any PPC samples, drawings, advertising, illustrations, catalogues and/or brochures shall not form part of the Contract nor have any contractual effect.

Any drawings, details or quantities provided by PPC are to be treated as approximate and are for guidance purposes only. The information provided is subject to verification by the customer who alone will be responsible for its accuracy. The goods are manufactured to your design, specification and instruction. PPC are not required to and do not test goods manufactured to client’s specification. No warranty is offered or given for the goods produced by PPC and therefore it should not be implied that goods are suitable for any specific purpose or for use under special conditions. 

The price of the Goods shall be the price set out in the Quotation, save that PPC may at its discretion increase the price to cover any costs incurred by PPC as a result of factors beyond PPC’s control. The price for the Goods excludes costs and charges of packaging, insurance and transport of the Goods, for which you shall separately be invoiced. All prices exclude VAT unless otherwise stated. VAT will be charged at the appropriate rate.

You will be charged for pallets and returnable containers at the price current at the date of delivery, unless they are returned by you in good condition and within 30 days of delivery, in which case they will be credited against the relevant invoice.

PPC may at its discretion charge you for any costs and expenses incurred as a result of any change to a specification agreed with or provided by you (Specification). Further, to the extent the Goods are to be manufactured in accordance with a Specification you shall indemnify PPC on demand against all liabilities, costs, expenses, damages and losses suffered or incurred by PPC in connection with any claim made against PPC for infringement of a third party’s intellectual property rights arising out of or in connection with the Specification. This shall survive termination of the Contract. PPC may amend the Specification to comply with any applicable statutory or regulatory requirements.

Payment Terms: all invoices shall be paid in full within 30 days from the end of the month in which the invoice was raised. PPC may raise invoices on or at any time following delivery. PPC may also raise invoices in respect of materials received by PPC for the purposes of fulfilling the Contract but where PPC is prevented from completing delivery or making such Goods available for collection or delivery due to events or circumstances beyond its control, such invoices shall be raised at or after the end of the month in which the materials were received by PPC.

All amounts due under these Terms shall be paid in full without any set-off, counterclaim, deduction or withholding. You hereby acknowledge that invoices raised pursuant to the Contract do not give rise to genuinely disputed debts. If you fail to make any payment due to PPC under the Contract by the due date for payment, then you shall pay interest on the overdue amount at the rate of 8% per annum above the base rate from time to time of the Bank of England. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount. You shall pay interest together with the overdue amount.

PPC may, without incurring any liability to you and at its discretion, withdraw credit terms previously made available to you.

Delivery: All quoted delivery dates (including the Intended Delivery Date and Intended Collection Date, as defined below) and lead times are approximate only. PPC shall not be liable for any losses incurred by you as a result of any delay in delivery of or failure to deliver the Goods where such failure to deliver or to achieve delivery times or dates is caused by events or circumstances beyond PPC’s control, including without limitation, late supply of Goods for re-sale, transport or machine breakdowns, your failure to provide adequate instructions (as to delivery or otherwise).

If PPC fails to deliver the Goods and/or causes delay to the delivery of Goods, its liability shall be limited to the losses directly incurred by you, subject to appropriate documentary evidence being produced of such losses. As to a failure to deliver Goods, PPC’s liability is limited to the cost of obtaining replacement goods of similar description and quality in the cheapest available market, less the price of the Goods.

PPC shall deliver the Goods, as appropriate, to the location set out in the Order or such other location as the parties may agree (Delivery Location) on or following the date that PPC notifies you that the Goods will be delivered (Intended Delivery Date). Where you are to collect Goods, you shall collect the Goods from PPC’s premises or such location as may be advised by PPC (Collection Location) on the date that PPC advises you that the Goods are to be collected (Intended Collection Date). Delivery shall be affected upon completion of unloading of the Goods at the Delivery Location or loading of the Goods at the Collection Location (as appropriate). If you fail to take or accept delivery (as appropriate) of the Goods within three working days of Intended Delivery Date or Intended Collection Date (as appropriate), then delivery of the Goods shall be deemed to have been completed on the third working day after Intended Delivery Date or Intended Collection Date (as appropriate) and PPC may charge you for all related costs and expenses (including storage costs and insurance). Notwithstanding any failure to collect or accept delivery you shall remain liable to pay to PPC the costs and charges of packaging, insurance and transport of the Goods, including in relation to any failed delivery attempt. References in the Contract to “delivery” shall include references to “deemed delivery”. If you have not taken or accepted delivery of the Goods (as appropriate) by the tenth working day after the Intended Delivery Date or Intended Collection Date (as appropriate), PPC may, without prejudice to its other rights and remedies, re-sell or otherwise dispose of part or all of the Goods, in which case the Contract shall be deemed to have been terminated by PPC in respect of such Goods. If PPC re-sells Goods which have been manufactured according to a Specification, PPC may charge you for any shortfall below the price of the Goods upon re-sale. You shall provide PPC with details of appropriate sizes and dimensions for Goods, where appropriate, not later than 10 working days or, in the case of Goods which require CNC (computer numerical control) fabrication, not later than 15 working days prior to the Intended Delivery Date or Intended Collection Date, or by such other date that PPC may advise. If such confirmation is not received then PPC may make reasonable adjustments to the Intended Delivery Date or Intended Collection Date. PPC may deliver the Goods in instalments. Each instalment shall be invoiced separately. Any delay in delivery or problem with an instalment shall not entitle you to cancel any other instalment.

Defects, Damage and Shortage: you shall be deemed to have inspected the Goods upon delivery for any damage, defect or shortage. Unless you notify PPC in writing within 5 working days of delivery of any such damage, defect or shortage, you shall be deemed to have accepted the Goods and waive any right to claim against PPC for the same. Latent defects or damage to the Goods shall be notified to PPC within 5 working days of discovery and if you do not provide such notice you shall be deemed to have accepted the Goods and waive any right to claim against PPC for the same. Subject to receiving a valid notice under this paragraph, PPC may determine that the Goods are damaged, defective or there is a shortage and shall, at its discretion, repair or replace defective Goods, or refund the price of defective or a shortage of Goods. You also consent to permitting PPC access to inspect and/or collect the Goods as appropriate. The Contract shall apply to any repaired or replacement Goods supplied by PPC.

Cancellation/Return of Goods: Stock items may be cancelled or accepted for return at PPC’s sole discretion and subject to such conditions that PPC shall specify. Where stock items are cancelled or returned, PPC may charge and you shall pay a restocking charge of 40% of the price of the Goods. Goods ordered in accordance with any Specification may not however be cancelled or accepted for return.

Title and Risk: Risk in the Goods shall pass to you on delivery. Title to the Goods shall not pass to you until PPC receives payment in full. Until title to the Goods has passed to you, you shall (i) store the Goods separately from all other goods held by you so that they remain readily identifiable as PPC’s property and mark them as PPC’s property and permit PPC access, upon notice, to verify this has been done; (ii) grant to or procure for PPC an irrevocable and immediate right upon notice to enter and/or access any premises to repossess the Goods; (iii) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; (iv) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; (v) notify PPC if you become subject to a Termination Event (as defined below); (vi) not permit the Goods to be attached and/or otherwise annexed to your or a third party’s premises without PPC’s written consent and (vii) give PPC such information relating to the Goods as PPC may require from time to time. You may not resell or use the Goods before PPC receives payment for the Goods.

If before title to the Goods passes to you, you become subject to a Termination Event, then, without limiting any other right or remedy that PPC may have, PPC may at any time: (i) require you to deliver up the Goods; and (ii) if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored to recover them.

Any stipulations or conditions on a Customer’s order which conflict with, negate or modify any of the foregoing conditions shall be deemed inapplicable to the order.

Adjudication: You agree that the Contract is a construction contract for the purposes of the Housing Grants, Construction and Regeneration Act 1996 and that the adjudication provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998 apply.

Privacy Policy: It is PPC’s policy to collect customer information in an effort to improve your experience and communicate with you about PPC’s products, services and promotion. We do not sell, rent, lend or offer your personal information to unrelated third parties. If you do not wish to receive emails, offers, newsletters and any other information material from Prism Powder Coating Ltd., please contact sales@prismpowdercoating.co.uk.

MAY 2025