Terms & Conditions

PAG Limited
Terms and Conditions of Trading
Trading from 565 Kingston Road, Raynes Park,
London SW20 8SA England

1. Definitions

1. "PAG Limited" (trading as 'PAG Limited').
2. "Pagstore" means the catalogue of products available at www. pagstore.com
3. "Force Majeure" means any cause affecting the performance by PAG Limited of its obligations arising from acts, events, omissions, happenings or non happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
4. "Working days" means Monday to Friday, excluding Bank or other Public holidays.

2. Orders

All contracts of sale made by PAG Limited shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom PAG Limited is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the Distance Selling Consumer Protection Cancellation of Contracts away from Business Regulations: 1987.

3. Prices

Goods and Services, together with VAT, are invoiced at the price prevailing at time of order. PAG Limited reserves the right to modify the prices from time to time.

4. Delivery, Title and Risk

1. Any time or date stated for delivery is an estimate only. PAG Limited makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time. If PAG Limited is unable to deliver the goods within 30 days of the date of the order, the Customer will be entitled to cancel the order and require any monies paid to PAG Limited in respect of that order to be refunded.
2. PAG Limited does not accept liability for shortages or damage to deliveries unless the Customer notifies PAG Limited of the shortage or damage in writing within 7 days of receipt of the delivery.
3. The Customer has to accept the goods when they are ready for delivery.
4. Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, or to the authorized representative of the customer (including the customer’s nominated shipping agent), whereupon the risks of loss, breakage and all damage shall pass to the Customer.
5. Title in the goods does not pass to the Customer until payment is received in full by PAG Limited.
6. If the Customer cannot accept delivery, PAG Limited may at its option:
(a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall).

5. Product specifications

PAG Limited reserves the right to alter the specifications of their products at any time without prior notice.

6. Warranties and Returns

1. PAG Limited warrants each item it manufactures to be free of defects in material and workmanship under use and service. Warranty periods vary, dependent upon product; details are available upon request from PAG Limited. The warranty extends only to the original purchaser from the original date of purchase. The warranty shall not apply to fuses or any product or parts which have been subject to misuse, neglect, accident or abnormal conditions of operation.
2. In the event of failure of a product covered by the warranty, PAG Limited will repair and calibrate equipment returned to an authorised Service Facility within the period of the warranty, provided the warrantor’s examination discloses to its satisfaction the product was defective. The warrantor may, at its discretion, replace the product in lieu of repair. With regard to any equipment returned within this period, said repairs or replacements will be made without charge. If the failure has been caused by misuse, neglect, accident or abnormal conditions of operation, repairs will be billed at a nominal cost. In such a case, an estimate will be submitted before work is started, if requested.
3. (a) Product returns must be sent to:
PAG Limited,
565 Kingston Road,
Raynes Park,
London SW20 8SA England.

or your nearest Agent (see website for details).

(b) PAG Limited will not accept liability for packages damaged during transit to PAG for repair. It is the Customer's responsibility to wrap the product adequately to prevent damage.

(c) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to maintain sufficient insurance to cover the value of the goods.

(d) On receipt of the returned product, we will test it to identify the fault you have notified to us.

(e) If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility.

(f) This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.

(g) The foregoing Warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranty or merchantability, fitness or adequacy for any particular purpose or use. PAG Limited shall not be liable for any special, incidental, or consequential damages, whether in contract, tort, or otherwise.

4. Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, customers are strongly advised to check suitability and specifications of products before ordering.
5. In the event that PAG Limited, at its discretion, agrees to accept the return for credit of unwanted products, the goods must be returned with PAG Limited's prior agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of the goods value or £20, whichever is the greater.

7. PAG Limited's liability

1. PAG Limited shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of profits, loss of goodwill, damage to trading relationships, and financial loss. PAG Limited's liability in respect of all other losses shall be limited to the agreed invoiced value of the relevant order.
2. Nothing in this agreement shall limit PAG Limited's liability for death or personal injury caused by its negligence.

8. Health and Safety

In accordance with the Health and Safety at Work etc Act 1974 and the Consumer Protection Act 1987, PAG Limited confirms that the goods it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed and when the Customer takes reasonable and normal precautions in their use.

9. Orderpoint Software License Agreement

1. The source code in the software is protected by copyright, but the Customer may distribute copies within its organisation to facilitate ordering and make necessary back up copies.
2. PAG Limited disclaims and excludes any and all warranties of merchantability, quality and fitness for purpose. PAG Limited does not warrant that the software and documentation will satisfy your requirements or are free from defect or that Orderpoint operation will be uninterrupted.PAG Limited's liability relating to the use of the software or documentation shall be limited as stated in clause 7 above.


10. Force Majeure

Where, in spite of its reasonable efforts, PAG Limited is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.

11. The Consumer Protection (Distance Selling) Regulations 2000

1. Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the PAG Limited website are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations").
2. If the Regulations apply, Customers may cancel goods purchased from PAG Limited by sending a notice of cancellation by post or hand delivery to PAG Limited, or by fax or e-mail
3. The notice of cancellation must be delivered within 7 days of the date of delivery of the goods.
4. The Customer will be responsible for the cost of returning the goods. If the Customer does not actually return the goods to PAG Limited, the Customer is under a duty to make the goods available for collection from the address to which they were delivered.
5. (5) The Customer is under a duty to retain possession of the goods whilst they are awaiting return to PAG Limited and to take reasonable care of them during this periods.

12. Errors and Omissions

1. PAG Limited makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the nature of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, PAG Limited will be entitled to rescind the contract, not withstanding that it has already accepted the Customer's order. In that event PAG Limited's liability will be limited to the return of any money the Customer has paid in respect of that order.
2. A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by PAG Limited which is more than 10% less than the price that would have been quoted had the mistake not been made.

13. General

Nothing in these terms and conditions affects your statutory rights, either as a consumer or otherwise.

If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

Any waiver of a breach of this Agreement must be in writing.

Any variation of this Agreement must be in writing and signed by a duly authorised official of PAG Limited.

The headings are for convenience only and shall not affect the interpretation of this Agreement.

Any notices given under this Agreement shall be in writing and sent
(a) by first class pre-paid post to the last known address of the party or (b) by fax to their last known fax number or (c) by e-mail to the last notified e-mail address of the party.
The notice shall be deemed served (a) two working days after posting or (b) upon receipt of a successful transmission report or (c) after system confirmation of e-mail delivery.

These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

PAG Limited may at its discretion record telephone transactions for staff training and quality control purposes. The tapes will be erased after review.

PAG Limited reserves the right to change or amend these terms and conditions at any time and without prior notice

14. Contact Information

PAG Ltd.
565 Kingston Road
Raynes Park
London SW20 8SA
United Kingdom

Tel: +44 (0)20 8543 3131
Fax: +44 (0)20 8540 4116
E-mail: salesatpaguk [dot] com

VAT Registration No.GB 217 5566 54

Registered office as above.
Registered in England No.1294856

15. Trademarks

1.

The following are trademarks of PAG Ltd.:
'PAG Advanced Battery Systems'
'System RTI' 'Softstart' 'Time Battery'
'Power & Time Display' 'Super Pack'
'PAG ACS' 'PAG CMS' 'AR Series 2'
'Paglok' 'Pagbelt' 'ODP' 'Widerange'
'Paglight' 'Paglight ML'
'PowerArc' & 'PowerMax'.

Acknowledgments

'Snap-on' is a registered trademark
of Anton Bauer Inc., USA.

'Cobalt Power' is a registered
trademark of Sanyo, Japan.

All other third party trademarks
are acknowledged as such.

© PAG LIMITED 2001

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