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Terms & Conditions

 

General

1.1 These Terms and Conditions will apply to the purchase of goods detailed in our invoice (goods) by the buyer (you or the Purchaser) from Pentland Component Parts Ltd a company registered in Scotland under number SC082096 whose registered office is at 41 St Clair Street, Edinburgh, EH6 8LB (we, us or the Company) and to your use of this web site.

1.2 These Terms and Conditions will be deemed to have been accepted by you when you accept them or any quotation, suspend note or invoice, or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.

1.3 Except where expressly agreed by the Company in writing, all goods are sold and contracts concluded subject to the terms and conditions hereinafter set out.

Payment Terms

2.1 Unless otherwise stated, all prices quoted are exclusive of value added tax (V.A.T) which will be charged to the purchaser at the rate in force at the relevant tax point. Prices displayed in our showrooms or online include V.A.T. 

2.2 Terms of payment are strictly as follows:

2.2.1 CASH ACCOUNTS - payment is due on the invoice. Payment is required before or on receipt of goods. 

2.2.2 WEEKLY CREDIT ACCOUNTS - 7 days credit. All goods invoiced in Week 1 are detailed in your Week 1 statement and are due for payment by Friday of Week 2.  Payment is due on all balances on your statement.

2.2.3 MONTHLY CREDIT ACCOUNTS - 30 days credit. All goods invoiced in Month 1 are detailed in your Month 1 statement and are due for payment by the end of Month 2.  Payment is due on all balances on your statement.

2.3 Interest shall be payable by the purchaser on all accounts not paid in accordance with clause 2.2 above at the rate of 2% per month from the due date to actual date of payment.

2.4 The Company shall have the right at its absolute discretion following the non-observance of the above payment terms, and notwithstanding any contract the purchaser may have made with a third party, to terminate without notice any agreement to make supplies to any person, firm or company or to refuse or terminate or limit the amount of credit to be given to any person, firm or company and to withhold supplies from any person, firm or company.

2.5 The Company reserves the absolute right at any time to alter any of its selling prices and to alter the payment terms which it allows to any Purchaser without any notice whatsoever. In respect of goods delivered after any such change of price or change of terms the price charged or terms applicable shall be those current at the date of delivery.

Passing of Title and Risk

3.1 The Company reserves to itself the title in the goods until such time as payment therefor is received in full (including any interest due and owing to the company in accordance with clause 2.3 above) and the Company shall be at liberty on its own account to sell or otherwise deal with or dispose of all goods supplied to the Purchaser in such manner as it may deem fit until such time as payment for the goods is made as aforesaid.

3.2 If before such payment as aforesaid the goods are applied to or incorporated with or converted into other articles or goods by the Purchaser the Company's proprietary rights shall forthwith attach to such manufactured articles or goods which shall stand charged by way of surety for payment for the goods supplied by the Company.

3.3 If before such payment as aforesaid the Purchaser sells or re-sells any such goods as are respectively mentioned in clauses 3.1 or 3.2 above then the Company's proprietary rights shall forthwith attach to the proceeds of re-sale which shall likewise stand charged by way of surety for payment for the goods supplied by the Company.

3.4 Notwithstanding the the title in the goods shall not have passed to the Purchaser the goods shall be at the Purchaser's risk from the time of delivery and any loss or damage or deterioration of the goods from any cause whatsoever shall be the responsibility of and be bourne by the Purchaser.

Delivery

4.1 Orders and instalments of orders will be dispatched by the Company as quickly as possible having due regard to any quoted delivery dates or times but so long as any circumstances whatsoever prevent hinder or delay delivery the Company shall not be bound to make deliveries of any goods which it may have contracted to sell or supply and the Company shall not be liable for any consequential loss or damage or in any manner whatsoever for failure or delay in delivery when so prevented hindered or delayed. 

Returns

5.1 Stocked items can only be accepted for full credit if returned within 14 days, after which a 10% handling charge will be applied.

5.2 Special orders can only be accepted for full credit if returned within 7 days, after which a 20% handling charge will be applied.

5.3 No goods will be accepted for credit after 28 days.

Liability

6.1 The Company shall not be liable for any defect of whatever nature, latent or otherwise in the goods supplied and save and in so far as the Purchaser is a consumer or a person dealing as a consumer all conditions terms and warrenties statutory or otherwise are hereby excluded save that no exclusion is hereby reserved with respect to any breach of the obligations arising from sections 13, 14 or 15 of the sale of goods act 1893 (as amended) and sections 9, 10 and 11 of the supply of goods (implied terms) 1973 act and in any even whether the Purchaser is a consumer or a person dealing as a consumer or otherwise no exclusion is reserved for breach of obligation arising from section 12 of the sale of goods act 1893 (as amended) or section 8 of the supply of goods (implied terms) act 1973.

6.2 Nothing contained in these terms and conditions affects or shall affect the statutory rights of a Purchaser who is a consumer or who deals as a consumer.

Consequential

7.1 The Company shall not be liable for any loss, damage, injury or claims consequential upon the supply use or failure of the goods supplied and the Purchaser shall indemnify the Company against any loss claims and expenses arising or by reason of or in consequence of any such loss damage or injury provided that the exclusion of the Company's libaility herein contained shall not apply to death or personal injury caused by the negligence of the Company or its servants.

Notification of Defects, etc.

8.1 The Purchaser shall inspect all goods at the time of delivery and without prejudice to the exclusion of the Company's liability in clause 6.1 above shall give to the company written notice within 7 days of the time of delivery of any defect shortage non-compliance with description or sample or otherwise as to the unfitness of the goods. in the event that written notice is not given within the time limit aforesaid the Company shall not in any circumstances be liable for any of the matters contained or referred to in this clause.

Waiver

9.1 Any indulgence granted by the Company to a Purchaser or any waiver by the Company of its rights under these terms and conditions in respect of any particular transaction or series of transactions shall not be deemed to be a waiver of the Company's rights in respect of any further transactions nor to be an agreement to confer the same indulgence in respect of any further transactions.

Legal Construction

10.1 The agreement and these terms and conditions shall be constructed according to Scottish law and subject to the jurisdiction of the courts of Scotland.

Bankruptcy                                        

11.1 If the Purchaser has a receiver appointed of any of his property or business undertaking or being an individual trader is adjudicated bankrupt or makes any composition or scheme or arrangement with his creditors or being a body corporate enters into liquidation (other than for the purpose of reconstruction or amalgamation) by the making of an order or the passing of a resolution for winding up then the full price of any goods delivered shall be immediately payable notwithstanding any previous arrangement to the contrary and the Company shall have the right without prejudice to any other rights and remedies available to him to cancel and/or suspend any or further deliveries. If the purchaser fails to make any payment as due or dies the rights conferred on the company by this paragraph shall apply provided that within twenty eight days after the relevant occurrence the company gives the purchaser or his representative written notification of the company's intention to excercise all or any of such rights.                                   

Use of Web Site

Pentland Component Parts Ltd authorises you to view and download the materials at this web site (site) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of these materials on any other web site or networked computer environment for any purpose is prohibited. The materials at this site are copyrighted and any unauthorized use of any materials at this site may violate copyright, trademark, and other laws. You may print and download portions of material from the different areas of the site solely for your own non-commercial use.

Modification of Terms

Pentland Component Parts Ltd  may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified terms.

Trademarks or Copyright

Trademarks used or displayed at this site are trademarks of Pentland Component Parts Ltd or its affiliates or third party owners. Nothing contained on this site is to be construed as granting, by implication or otherwise, any license or right of use of any such trademark without the prior written permission of Pentland Component Parts Ltd or such third party owner.