These Terms and Conditions govern the supply of goods sold by Pragmasis Limited (No. 4924564) of 78 Castlehall, Tamworth, Staffordshire, B77 2EG, England ("we" and "us") to the customer named on the online or other order form ("you"). Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order by delivery of the goods constitutes a legally binding contract between us on these Terms and Conditions. Any standard terms used by you do not apply and any variations must be agreed in writing.
These terms are effective from 1st January 2013.
Our General Policy: We commit to treat you exactly the way we like to be treated ourselves. The EC Distance Selling Directive requires that we spell out what we would normally take for granted. Your statutory rights under the current consumer protection laws are not affected.
Supply: We undertake to supply you with the goods described promptly. Many items are available for immediate despatch but some items require a special order from a supplier and occasionally we may be out of stock and a batch manufacturing delay may be incurred. Unless we have specifically agreed otherwise, delivery will be as soon as possible and generally within 7 days. You will always be informed of any delays longer than 30 days and you have the right to cancel with 100% refund in such cases provided such cancellation is received before goods are shipped. If we have insufficient stock to supply the goods ordered, we reserve the right to supply a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days. Delivery dates are estimates only and we shall not be liable for any direct or indirect loss or damage or expense howsoever arising from late delivery.
Prices: All prices are subject to alteration to that ruling on the date of despatch. We will notify you as soon as possible of any such alteration.
Contact: We will only contact you in connection with your instructions and keep you well informed should we have any difficulties providing you with the specific goods ordered in a sensible time.
Delivery: We typically rely on third party carriers to deliver the goods to you. We only use carriers that provide a quality service at a competitive price and we charge our cost price to you. We prefer carriers that provide online parcel tracking facilities. We will act upon any delivery delays or damaged goods as soon as they are reported, including priority shipment of replacement items where required. We commit to always pack items safely to protect them in transit. The reliability of the carriers offered means that we do not recommend additional insurance but we offer this to you, at cost price, should you wish to provide added security for your order. Our full shipping policy is detailed online.
Risk: Risk shall pass to you on despatch. Note that shipping is at your risk - You can request insurance cover if you are concerned. Please contact us if required.
Guarantee : We aim for your total satisfaction with our product and service. The type of our products, however, means that return of a product after installation is often impractical as ground anchors etc are designed with the express intention of being permanently installed. Removal is often impossible without destruction of the product and/or the surface upon which it is fitted. It has never happened so far but we can see that a claim could be impossible to treat fairly in these situations. We therefore offer repair, replacement or refund, at our sole discretion, of defective products manufactured by us before they are installed, only. Any guarantee of 'impossibility to bolt crop by hand' related to a chain or other item only applies to normal commercially available manual bolt cropper products up to and including the Irwin Record 42" bolt croppers that have not been modified or boosted in any way and that are being operated by a single person in a conventional manner and within a realistic maximum attack duration (20 minutes). Any claim that a chain or other item is inadequate in this respect must be supported by firm evidence and/or demonstration of such inadequacy and the value of that claim will never be more than the purchase price paid for the item in question (or the appropriate percentage of a Package Deal price, where the item was supplied in combination with other items). The decision of Pragmasis Limited will be final in all cases.
This warranty does not extend to products not manufactured by us. For such Products you will be entitled to the benefit of the manufacturer's warranty or guarantee, if any.
All defective products must be returned to us at your risk carriage paid and only after our written consent. Carriage costs will be refunded on products found to be faulty. All claims must be notified to us in writing and received within 20 days of delivery date. Save as mentioned above all warranties and conditions of all kinds whether express or implied as to the quality, condition or fitness of goods are excluded. In no circumstances shall we be liable for any special, indirect or consequential damage or loss including loss of use or profits. Any provisions set out herein shall not apply in the case of sale to a person dealing as a consumer insofar as such provision would by virtue of the Unfair Contract Terms Act 1977 or any amending legislation be of no effect.
Suitability: It is your responsibility to ensure that the goods are suitable for the intended application and fully comply with any relevant regulations relating to their use and we shall not incur any liability in respect thereof nor in respect of any modifications to the goods including their fitting to other items not supplied by us. None of our products are tested or supplied for use in safety-critical systems and any liability arising from such use is entirely the purchaser's. We are happy to give advice on security problems but such advice is only ever given in good faith and it is up to you to ensure that items ordered are suitable for your intended application. If you find that items are unsuitable upon receipt, you have the right to return them (except in the case of special order/custom items) - see below.
Refunds/Cancellation: You may cancel your order by giving us notice of cancellation within 30 days of the date of delivery. Such notice may be given by letter or e-mail to the address set out on the order acknowledgement. On cancellation, you must return the product to us in good unused condition at your cost unless the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, in which case we will meet the cost of return but we ask that you allow us to nominate the carrier. A £5.00 or 10% handling charge (whichever is greater) will be levied and shipping costs will not be refunded against orders correctly executed (e.g. if you subsequently find you need a slightly longer chain, we will normally charge for the price difference plus shipping plus £5.00 or 10%, and this assumes the previous chain is returned in a timely manner and still in unused & sellable condition). A full refund will be made for orders cancelled prior to despatch.
Special/Custom Orders: We do not normally do custom orders but when these are accepted they are always on the express condition that they are not returnable or refundable except in the case of our negligence. It is always your responsibility to ensure that the specification ordered is fully suitable for your intended purpose and that all other lead time and order details are acceptable before you place your order. Custom orders must normally be paid fully in advance.
Payment: Although our customers offer payment at the time of placing their order, it is our policy not to action credit/debit card payments at the time of order when the transaction is processed through SECPay/PayPoint.net/PayPal. Online payments are totally secure (BS7799 - Code of Practice for Information Security Management). We follow 3D-Secure anti-fraud policies provided by Verified-by-Visa and MasterCard SecureCode. We strongly recommend that you enroll in your card company's 3D-Secure programme and go through the authentication process whenever you order online. This protects you as well as us.
Reserved Stock: Customers requesting items to be reserved pending their payment will be held for a maximum of 7 days but can then be allocated to others.
Professional Services: Professional services such as on-site security product installations, are done on a best endeavour basis and our liability will never exceed the price paid for such services. In no circumstances shall we be liable for any special, indirect or consequential damage or loss including loss of use or profits.
Sales on Account: Payment is due within 30 days of the invoice date where customers have an approved credit account with us. All overdue payments shall carry interest at the rate of 2.0% per month from the due date until the date payment is received.
VAT and Duty: VAT will be charged at the rate prevailing at the date of invoice for sales within the United Kingdom and European Community. Exports outside the European Community will be charged net of taxes and duties and these will be your sole responsibility. VAT Number: GB 851 7094 19. EORI Number: GB 851 7094 19 000.
Variations: We reserve the right to make substitutions and modifications in the specification of the goods provided that they do not materially impair performance. Quantities and measurements are approximate. Exact products may vary from those shown (e.g. sleeving colour on chains may vary).
Complaints: We don't have a procedure because we've never had a complaint! Complaints should be sent to us by e-mail, phone or letter. Clearly we will take any complaint very seriously and will contact you urgently. Please be sure to include your contact details on any written communication.
Force Majeure: We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
General: If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. These terms will be construed in accordance with the laws of England and any disputes shall be settled by the English courts. All trademarks acknowledged. All products subject to availability. All specifications subject to variation.
Hard Copy: If you require a hard copy of these terms, please use your browser's File menu, Save As option to save to your local computer. In case of difficulty, please contact us for a paper copy.