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Information In order to purchase from PB Design you must have an aproved account. To apply for an account fill out the form below. You will receive a confirmation email with a link in it to activate your account. After it has been aproved you will be notified and will be able to purchase from the website.

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Terms & Conditions Many thanks for joining PB Design – by clicking submit you agree to our terms and conditions.

1 General

Unless other Terms and Conditions are expressly accepted by PB Design Limited (hereinafter called ‘the Company’), by means of a written amendment to these Terms and Conditions signed by a Director of the Company, or the Company Secretary, and referring specifically to the terms or conditions to be amended, the Contract shall be on the terms and conditions set below (hereinafter together called ‘the Contract terms’) to the exclusion of any other terms and conditions whether or not the same are endorsed upon, delivered with, or referred to in any purchase order or other document delivered by the Purchaser to the Company.

2 Orders and Quotations

(i) All quotations are without engagement and shall remain valid for a period not exceeding 60 days unless otherwise stated.

(ii) Catalogues, price lists and other advertising matter are only an indication of the type of goods offered and no particulars therein shall be binding upon the Company. All prices therein are subject to variation or withdrawal from time to time without notice.

(iii) The Company reserves the right to increase the price to take account of increases in the price of materials and/or labour over the period of the Contract.

3 Description of Goods

(i) All descriptive specifications and drawings, all particulars of weight and dimensions and all forwarding specifications issued by the Company are approximate only.

(ii) Variation by the Company within the specification of the goods shall not constitute a breach of contract or impose upon the Company and liability whatsoever.

4 Guarantee

(i) The Company warrants all apparatus manufactured by it free from defects in workmanship and material, under normal use and service. The Company’s entire liability under this warranty is to repair or replace, free of charge, any of that apparatus which is found by the Company’s inspection within twelve months of delivery of the apparatus to the Purchaser, to be defective in workmanship or material under normal use and service. The benefit of this warranty shall apply to the Purchaser only.

(ii) The Company shall not be liable to the Purchaser for any breach of statutory duty, save as set out in Unfair Contract Terms Act 1977, and the Purchaser shall keep the Company indemnified against all damages, penalties, costs and expenses to which the Company may become liable in respect of sale of goods under this head.

5 Patents and Registered Designs

(i) The Purchaser shall indemnify the Company against all claims, damages or other expenses as a result of infringement of a patent or registered design arising from the manufacture of sale goods in accordance with the Purchaser’s specification.

(ii) The Company reserves the right to make sole exclusive application for a patent or registered design in respect of any design or development work which is undertaken on behalf of or in connection with any project offered to the Company by the Purchaser or prospective Purchaser.

6 Storage

If by reason of instructions, or lack of instructions from the Purchaser, despatch in accordance with the Contract is delayed for seven days after the Purchaser has been notified that the goods are ready for despatch, the goods shall thereupon be deemed to have been delivered. If, and for so long as the Company’s storage facilities permit, the Company may, at it’s option, store the goods and the Purchaser pay a reasonable charge thereon, provided always the Company shall be under no obligation whatsoever to the Purchaser in respect of the goods stored and neither should they be liable for any damage howsoever arising caused as a result of their failure to keep such goods safe or free from damage.

7 Despatch and Packing

(i) The Company will endeavour to complete the Contract or deliver the goods within the time agreed (if any) but in no circumstances will it be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in the completion of the Contract or delivery of the goods. If by reason of force majeure the completion if the Contract or the delivery of the goods is in the Company’s opinion rendered impractical, the company shall be at liberty to terminate the Contract by sending by ordinary post to, or by delivery to, the Purchaser a notice of writing to that effect. There upon the purchaser will pay the company such a sum as will together with any other sums paid previously bear the same proportion to the Contract price (including any variation thereof) as the goods delivered or services contracted for.

(ii) The Company reserves the right to deliver and charge up to 5% in excess of the ordered quantity.

(iii) No claims for shortage or damage in transit or non-delivery will be accepted unless the Company and the carriers are notified in writing within 10 days of the date of despatch. Damage in transit must be notified to PB Design and Developments Limited and the carrier within 3 days of receipt of goods.

8 Carriage

Carriage is chargeable on all deliveries unless otherwise agreed in writing. Furthermore, the Purchaser is liable for storage charges if for whatsoever reason the Purchaser delays despatch. In addition the Company reserves the right to dispose of the goods if the Purchaser fails to accept delivery within 7 days of notification.

9 Packing

Unless otherwise agreed cases and other material will be charged and are no-returnable.

10 Return of Goods

Goods delivered to and accepted by the Purchaser are not returnable (except under the terms of the Guarantee in existence at the time if delivery). No credit will be given for goods returned without the written consent of the Company.

11 Cancellation

Cancellation by the Purchaser of an order accepted by the Company shall entitle the Company to damages from the Purchaser for breach of contract and loss of profit.

12 Payment

(i) Prices are strictly subject to satisfactory trade references. Accounts shall be due for payment not later than the end of the month following the month of despatch or notification that the goods are ready for despatch. Failure to ensure that payment is received within 14 days of the due date will constitute a breach of contract and the Company may treat the whole Contract as being repudiated and act accordingly or they may, before any further delivery against and order, require payment thereof and total accounts then due. Place of payment is at the Company’s offices.

(ii) In the event of payment under the Contract being delayed beyond 14 days of the due date, interest at the rate of 2% over the current Bank Base Rate will be charged to the Purchaser.

(iii) The Company shall charge the Purchaser for the value of all work partially completed in the event of the Contract not being concluded due to any failure of the Purchaser to comply with the Terms of the Contract.

(iv) Payments must be made by the Purchaser without set-off unless agreed by the Company in writing.

(v) The Company shall at it’s discretion, and at any time, have a right to set-off any payments due from the Purchaser against sums due from the Company to the Purchaser, in circumstances when the parties have mutual trading arrangements.

13 Access to the Site

(i) The Purchaser shall on the date specified in the Contract allow the Company to have free and unhindered access to the site for the purposes of the completing the Contract.

(ii) Unless specified arrangements are made to the contrary, the Purchaser shall at their own expense provide all materials, labour, power tools, tackle and apparatus necessary to unload and position the Goods at the site.

(iii) The Company shall be entitled to use such supplies of electricity, water, gas and other services as may be available on the Site for the purposes of the Contract.

(iv) The installation of goods or work may involve toxic materials, and the Purchaser must therefore provide adequate facilities for the instillation including a clearly demarked area, washing facilities and separate area for eating.

(v) Before delivering any goods or work the Company shall if the Contract so provides inspect and test the site for compliance with the Contract and if so requested will supply to the Purchaser a statement of the results of such test.

(vi) If by reason of any act or omission of the Purchaser, the site is not suitable for the installation of the goods or work, then the Company in its sole discretion can either cancel the Contract or carry out such works as are necessary to make the site suitable for the goods or work, and in respect of such additional works shall be entitled to charge the Purchaser a fair and reasonable sum.

(vii) Where the Company shall be required to deliver to the site, plant, tools or machinery for the purposes of carrying out the Contract then the Purchaser shall take all necessary steps to protect such items and to safeguard them at all times when the Company are not at the site.

(viii) The Company shall during the progress of the works (except during periods where its employees or agents are not on the site) take every reasonable precaution against accident or injury to the goods or work or persons lawfully upon the site.

(iv) The Purchaser shall subject to sub-paragraph (viii) above indemnity the Company in respect of all damage or injury occurring before the Contract shall have been completed to any persons or to any property (including property forming part of the Contract) and against all actions, suits, claims, demands, costs, charges and expenses arising in connection therewith howsoever occasioned.

14 Ownership of Goods

(i) Notwithstanding that the goods shall be at the risk of the Purchaser from the date delivered, the property in the goods shall not pass to the Purchaser until all monies owing to the Company in respect of the goods or work have been paid to the Company.

(ii) Where goods are in the possession of the Purchaser they shall be held as fiduciary bailee for the Company, but at the risk of the Purchaser, and stored separately from other goods and clearly marked in such a way they can be readily identified as the property of the Company.

(iii) The Purchaser shall be entitled in its own name to sell in the ordinary course of business, goods which remain the property of the Company, and shall do so as agents for the Company. Pending payment in full for all goods supplied under the Contract by the Company, the proceeds of any such sale shall be the property of the Company, and the Purchaser shall pay such proceeds into a separate account at the Purchaser’s Bankers and shall be accountable to the Company for all goods sold and the proceeds of their sale.

(iv) The Purchaser’s power of sale shall be determined automatically, if a receiver is appointed over any of the assets of the undertaking of the Purchaser, or a winding up order is made against the Purchaser, or the Purchaser goes into voluntary liquidation, or commits any act of Bankruptcy.

(v) Notwithstanding anything to the contrary herein contained, the Company shall be entitled at any time and in any event upon the termination of the power sale, as herein provided by servants or agents, to enter upon the Purchaser’s premises or such other place as the goods may be stored, for the purposes of recovering such goods which have not been paid for in full and the Purchaser gives irrevocable consent to such entry.

(vi) The Company retains a general lien on all goods still in its possession.

15 Legal Construction

(i) Failure by the Company to enforce any of the Contract Terms shall not be constructed as a waiver of any of the Company’s rights hereunder.

(ii) This Contract shall be constructed and operate in accordance with English Law and the Purchaser hereby submits himself to the jurisdiction of the English Courts.

(iii) Nothing in this Contract, other than the following sub-clause, shall exclude or resist any liability to which the Company may be subject by reason of any misrepresentation made by it before this Contract was made, or any remedy available to the Purchaser by reason of such misrepresentation.

(iv) The Company shall not incur any liability nor shall any right accrue to the Purchaser by reason of any misrepresentation arising from:
(a)Printing and clerical errors
(b)Statement in oral, written or any other form by third parties accepted by the Company in good faith and repeated by it.
(c)Oral statements not confirmed by the Company in writing.