Terms and Conditions
All orders are accepted by PULS subject to the Terms and Conditions of Sale set out below:
1. General All orders for products and services in the PULS catalogue are accepted by PULS ('PULS ') subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by PULS unless agreed in writing by an authorised signatory of PULS or expressly stated otherwise in these terms and conditions of sale. All descriptions of the products and services contained in the PULS catalogue or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between PULS and the Customer. PULS shall not be liable to the Customer for any errors or omissions in its catalogue. The advertising of products and services in the PULS catalogue is not an offer capable of acceptance, it merely constitutes an invitation by PULS for the Customer to make an offer to purchase products and services. These terms and conditions do not apply to export transactions, to which separate terms and conditions of sale apply. PULS is a business-to-business supplier. The PULS catalogue is intended for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.
2. Prices The prices of the products and services are as set out in the PULS catalogue that is current at the date of despatch of the ordered products or the date of provision of the ordered services. Products which are not stocked by PULS will be sold at the prices set out in the relevant quotation supplied by PULS. All prices exclude VAT, which PULS will add at the rate applicable at the date of order despatch. PULS reserves the right to change prices without prior notice at any time. The prices of Extended Range products are as set out in the PULS website, unless agreed in writing with an authorised representative of PULS. Discounts given by PULS in relation to PULS's standard stocked products or any other PULS offer will not apply to Extended Range products. Extended Range products will be invoiced separately from standard stocked product.
3. Ordering PULS reserves the right to decline to trade with any company or person. In addition, PULS may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by PULS of the order. PULS executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when PULS next has available stock or be cancelled. The Customer must submit orders using the PULS stock numbers and the priced units used in the PULS catalogue and must specify which delivery option is required. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 11 will apply.
4. Delivery PULS will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out in the PULS catalogue current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing. Times and dates for delivery quoted in the PULS catalogue or by PULS's employees are approximate only and PULS shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked in the catalogue as requiring special handling may (because of the nature of the products) take up to 72 hours after acceptance of the Customer's order. If any delivery is late, the Customer must notify PULS, and PULS will endeavor to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. PULS may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable PULS may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery. PULS will aim to deliver Extended Range products in accordance with the lead times published for them on the PULS website. All such lead times are approximate only, and no other delivery options are available for Extended Range products. PULS may, following Customer's order, notify the Customer if PULS will be unable to fulfil any order for Extended Range products within that published lead time, and will provide alternative options. Orders containing Extended Range products where total value of Extended Range products in any such order is less than £100 are subject to an additional shipping and handling charge as published on the PULS website, or quoted at the time of order. Orders containing Extended Range products with a total value for Extended Range products in such orders of £100 or more will not be subject to an additional shipping and handling charge. These shipping and handling charges apply per order, irrespective of the number of Extended Range products ordered, and will be levied against the first delivery of Extended Range products under the relevant order.
5. Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery or, in the case of clause 4, the due date for delivery, give notice to PULS in detail of:
1. Any defect in the product that is apparent on reasonable examination. In this case PULS shall, at PULS's discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
2. Any shortfall in products delivered. In this case PULS shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
3. Any delivery of products not in accordance with the order. In this case PULS shall, at PULS's discretion, replace the products or refund the purchase price;
4. Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case PULS shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. PULS's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. PULS shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
6. Payment
If PULS has not granted credit to the Customer, payment terms are cash with order.
Credit terms (subject to satisfactory references and at PULS's absolute discretion) are available. If credit has been granted, the Customer shall pay the price of the product or service within the term given. All payments must be made without any set-off, deduction or counterclaim.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
1. all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
2. PULS may apply a compensation charge as an estimate of administrative and other wasted costs incurred by PULS to the Customer of £40 for outstanding sums up to £999.99: £70 for outstanding sums between £1,000 and £9,999.99 and £100 for outstanding sums of £10,000 or more; and
3. PULS may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8 per cent per annum above the Bank of England base rate as set at 31 December for the period 1 January to 30 June inclusive in the following year and as set at 30 June for the period 1 July to 31 December inclusive, compounded monthly.
7. Risk and Ownership Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of the products shall not pass to the Customer until all sums due to PULS from the Customer for those products have been received by PULS (in cash or cleared funds). If the Customer is late in paying any sum to PULS, then PULS shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises PULS and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by PULS shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or PULS's right to sue for the whole of the price.
8. Product and Availability Information PULS reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any PULS catalogue. Unless otherwise confirmed, nothing in any PULS catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
9. Warranty For products purchased from PULS: PULS warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to PULS within 12 months of the original date of despatch, or such other longer period as may be indicated by PULS for specific products from time to time in writing. For services purchased from PULS (as referred to in clause 13): PULS warrants that if any service is defective, it will, at its option, either re-provide the service or supply to the Customer free of charge a substitute product in place of the defectively serviced product. This warranty is subject to a claim being made in writing to PULS within 12 months of the date of delivery of service, or such other periods as may be indicated by PULS for specific services from time to time in writing. These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of PULS. The Customer must return or dispose of the products, or make them available for collection by PULS, in accordance with PULS's instructions and suitably packaged. The Customer must contact PULS to notify PULS of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, PULS may refuse such products and return them to the Customer at the cost of the Customer. Any products which are replaced by PULS shall become the property of PULS. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty. The remedies set out above shall be PULS's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services. The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). PULS will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on PULS by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
10. Liability PULS shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the PULS technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors. PULS shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between PULS and the Customer, or of any order accepted by PULS; (ii) any duty of any kind imposed on PULS by law arising out of or in relation to the contract between PULS and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale. If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9 and 10, any liability attaches to PULS, PULS's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of (i) any express or implied terms of the contract between PULS and the Customer, or of any order accepted by PULS; (ii) any duty of any kind imposed on PULS by law arising out of or in relation to the contract between PULS and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to £100,000 or the total value of the order, whichever is greater. Nothing in these terms and conditions of sale (including without limitation this clause 10) shall exclude or limit the liability of PULS for death or personal injury caused by the negligence of PULS or its employees, agents or sub-contractors, or for fraud.
11. Cancellations and Returns
The Customer may not cancel orders once accepted by PULS. PULS may, at its discretion and in writing, allow an order to be cancelled subject to PULS recovering from the Customer the costs incurred by PULS. In the event of cancellation of part of any order only, PULS may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
The customer may only return products to PULS, and receive a credit or refund, on the following conditions:
1. The Customer must contact PULS prior to the return of any products and obtain the prior consent of PULS and obtain a returns number (to be quoted on all returned paperwork)
2. Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to PULS in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to PULS adequately packed and despatched freight prepaid, clearly labelled to: CUSTOMER RETURNS DEPARTMENT, PULS Unit 10Ampthill Business Park Ampthill MK45 2QW, using the address label on the reverse of the despatch note or available at http://www.puls.co.uk
3. The Customer must follow any specific instructions which appear in the PULS catalogue or with any product regarding its return to PULS;
4. The Customer must quote the invoice details or the PULS reference number on the PULS Customer Returns Form from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and
5. For products returned due to Customer error or no longer required and returned in accordance with 1 - 3 above a handling charge will be applied. This handling charge is set out in the PULS catalogue.
6. Where the Customer returns products to PULS not in accordance with (i) - (iii) above (for example, after 30-days from the date of despatch or in an unfit state) PULS will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out in the PULS website).
This returns policy excludes software, calibrated products, non-catalogue products, extended range products and specially manufactured products. PULS accepts no responsibility for any loss of or damage to products in transit from Customer to PULS or for any items received by PULS with them.
12. Force Majeure A force majeure event is any event beyond the reasonable control of PULS (including strikes, traffic congestion, the downtime of any external line, or PULS's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If PULS is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then PULS shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, PULS may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
13. Rights in the Catalogue The Customer acknowledges that PULS and its licensors own the intellectual property rights in the PULS catalogues, the catalogue content and the stock numbers, and that their whole or partial reproduction without PULS's prior written consent is prohibited.
14. Data Protection and Customer Information PULS is part of PULS UK and is registered as a data controller under the Data Protection Act 1998. Any member of this group may keep and use personal details of the Customer and its employees for the purposes of providing products and services to the Customer. In addition PULS may disclose the Customer's and its employees' details to organisations working on behalf of PULS anywhere in the world (for example, credit reference agencies, mailing houses and call centres) for the purpose of proper fulfilment of orders and PULS' obligations under these terms and conditions of sale. PULS may send to the Customer and its employees details of other products and services offered by its group that may interest the Customer. If the Customer or its employees do not want to receive details of these offers then they should contact the PULS Marketing Department either in writing at PO Box 776, Bedfordshire, MK45 2ZY, by fax on 0845 230 5090, by telephone on 0845 130 5090 or by e-mail at marketing@puls.co.uk The Customer consents that PULS may use the name of the Customer by disclosing it to certain PULS suppliers for market research and commission purposes.
15. Law and Jurisdiction The contract between PULS and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in England, but PULS may enforce the contract in any court of competent jurisdiction.
