Terms & Conditions

Terms & Conditions


1. Definitions:

In these conditions the following words shall have the following meaning :-

"Company" -  Means Penman Estates Limited trading as Percy Doughty & Co of Imperial Point,   Express Trading Estate, Stonehill Road, Farnworth, Bolton, BL4 9TN (Company No 3287651)

"The Customer" - shall mean the person, firm or Company with whom the Company contracts.

"Goods" - Means the articles or things or service which are the subject matter of the Contract.

2 These Conditions of Business shall apply to all sale and purchase transactions between the Company and the Customer. No terms and conditions put forward by the customer in conflict with these terms and conditions shall be incorporated into the Contract unless separately agreed in writing and signed by a director of the company.

2.1 The placing of an order by the Customer orally or in writing shall constitute a Contract and as such is an acceptance and is subject to the Conditions of Business set out in these terms.

3 All times quoted for dispatch or delivery dates are estimates only and while the Company will use all reasonable endeavours to ensure it complies with any estimates given, the Company will not be liable for any failure to comply with any such estimate or for any direct or consequential loss resulting therefrom. 

4 All prices charged are the Company’s prices at the time of delivery as shown in our price list or ruling at the date the relevant quotation. Orders are accepted only on the basis that the actual price payable under the Contract shall be the Company’s price ruling at the date of the relevant invoice. If any extra cost is incurred by reason of any additional instructions, or any error or omissions in instructions submitted by the Customer, or if the Customer requests any special testing of the goods or any variation of the specification, or design of any modifications to the Goods, then the Customer shall bear any relevant extra costs. 

4.1 The Company reserve the right to adjust prices without prior notice. Clerical errors are subject to correction (without prior notification).

4.2 The Company reserve the right to charge a deposit at the time of accepting an order for items manufactured to customers own special requirements. 

4.3 Carriage paid value may vary from area to area and can be subject to change. Please contact our sales office for updated terms. 

5 VAT will be charged at the rate ruling at the time of delivery. 

6 Payment

6.1 Account customers payments are due by the last day of the month following delivery, unless other terms are agreed prior to dispatch.

6.2 Overdue accounts:we reserve the right to suspend further deliveries until all overdue accounts are paid in full, without prior notice. We reserve the right to commence legal recovery proceedings without prior notice.

6.3 Cash on delivery accounts:Payment by cheque or cash to our driver on delivery of goods.

6.4 Cash on delivery accounts:If cheque is not available on day of delivery it must be posted to arrive at this office within seven days, failure to do so will result in your account being suspended. No more deliveries will be made until full payment is received.

6.5 We reserve the right to charge interest on all outstanding invoices beyond our terms. 


7 Delivery 
7.1 Shortages:all shortages must be reported within 5 working days of delivery of goods. Total non-delivery of goods must be reported immediately upon receipt of invoice.

7.2 Any delivery days quoted are genuine forecasts but shall not be legally binding on the supplier. 

7.3 Timed deliveries cannot be arranged. 

7.4 In the event of the supplier being unable to supply goods subsequent to receiving an order from the buyer, the supplier shall not be liable for any incidental or consequential loss. 

7.5 It is the buyer’s responsibility, regardless of delivery address, to ensure the goods are as ordered and they are of satisfactory quality. The supplier strongly recommends that the buyer checks correct description and quality on goods delivery notes. In the event of any discrepancy whatsoever, the buyer must notify the supplier within 5 working days of arrival of consignment, as stated on our delivery notes, and before the goods are processed in any way otherwise no responsibility can be accepted for any claims. Upon acceptance of deliveries the buyer must sign the suppliers or carriers delivery note. Should examination at the time of delivery not be possible, the delivery note must be signed unchecked in order for any subsequent claim to be acceptable for damage in transit. Claims for loss or damage must be made within 5 working days of arrival of consignment, informing the supplier and carrier of the loss or damage involved. Damaged items and packaging must be retained for inspection. The supplier shall not be held liable otherwise. 

7.6 Non arrival of goods despatched from the supplier, by van or other method, must be notified to the supplier within “24 hours” from the quoted delivery date, immediately by telephone, fax or email. 

7.7 In all events, the limits of liability for any fault or defect in the product shall be a sum not exceeding the purchase price of the particular goods, and the supplier shall not be liable for any loss howsoever arising. 

7.8 The supplier will not accept any liability for delays caused by “force majeure” beyond the suppliers’ control. 

8 Claims 
8.1 All claims must be in writing. 

8.2 Damaged goods:goods must be inspected within 24 hours of delivery and any damage or defects must be reported as soon as they are discovered, but no later than 5 days after delivery. 

8.3 Faulty goods:in the case of claim for faulty goods, replacements may be supplied pending inspection by the Company or the manufacturer.  If the goods are found not to be at fault the cost of the replacements will be charged to the Customer.

8.4 Please note:wooden mantels and decorative tiles are excluded from our 5 days policy for damaged and faulty goods, these items MUST be checked on receipt and claims submitted immediately. 

9 Return of goods 
9.1 We cannot accept the return of goods classified as special items, non-stocked items or bespoke made to measure items which have been specially obtained from the manufacturer, or Percy Doughty.

9.2 In the case of incorrectly ordered goods, if returned, they will be subject to a re-handling charge and administration charge.

9.3 No goods will be collected by our transport without prior agreement, nor without our collection note. 

10 Retention of Title/Risk 
10.1 Not-withstanding delivery, title in Goods shall remain the property of the Company until the Customer has paid the price of those Goods to the Company in full. 

10.2 The Customer shall allow the company to re-possess goods which remain the property of the Company upon demand and grants irrevocable right to the Company through its employees or agents, with vehicles or otherwise, to enter at any reasonable hour upon the Customer’s premises where such goods are kept.

10.3 Risk in the Goods however passes on delivery and the Customer is advised to insure the Goods from the date of their order. 

11 Termination
11.1 The Company shall be entitled without prejudice to its other rights and remedies either to terminate wholly or in part any or every Contract between the Company and the Customer or to suspend any further deliveries under any Contract in any of the following events: 

11.2 If any sum owing from the Customer to the Company for any reason what so ever is unpaid after the due date for payment. 

11.3 If the Customer refuses to take delivery of or to collect (as the case may be) any goods. 

11.4 If the Company has any reason to doubt the credit worthiness of the Customer. 

11.5 If the Customer has a receiver, administrator, administrative receiver, liquidator or other supervisor appointed over any of its assets or undertaking or if the Company enters into any composition or arrangement with its creditors or commits any other act of insolvency. 

11.6 If the Customer commits any breech of any Contract between the Company and the Customer:The Company shall be entitled to exercise its rights of termination or suspension at any time during which the event or default giving rise there to has not ceased or been remedied and in the event of any suspension the Company shall be entitled as a condition of resuming delivery to require pre-payment of the price of any further delivery. 

12 Indemnity
12.1 The Company’s liability is limited to reimbursement of the price or repair or replacement of the Goods or remedying any defects in any services rendered by the Company in connection therewith. Apart from such reimbursement, replacement, repair or remedial work the Company and its employees and agents shall be under no liability for any injury, loss, or damage of any kind whether direct, consequential or special and howsoever caused resulting from or arising out of or incidental to: 

12.2 Any negligence on the part of the Company or its employees (except insofar as the same causes death or personal injury. Or 

12.3 The Company’s performance of or failure to perform or breach of any of its express implied obligations under the Contract. Or 

12.4 The supply, installation, repair and/or maintenance of any Goods. Or 

12.5 Any defects in any Goods 

12.6 Any advice given or representations made by the Company in relation to the quality, performance, use or installation of the Goods or any part thereof. Notwithstanding the foregoing, where there is any defect in Goods supplied, but not manufactured by the Company, the Customer shall (subject to compliance by the Customer with all conditions, stipulations and provisos contained in such guarantee or warranty and with the terms of these Conditions) be entitled to the full benefit of any guarantee or warranty given to the Company by the manufacturer or supplier thereof and the Company will notify defect to such manufacturer or supplier and will attempt to procure for the Customer the benefit of such guarantee or warranty, but the Company shall be under no further liability to the Customer in respect of such defect. 

13 The Customer shall indemnify the Company against any liability whatsoever (including any liability based on the negligence of the Company) which it may incur resulting from any claim made against the Company by any third party (including without limitation any employee or agent of the Customer or any subsequent buyer or hirer or other Bailee of the Goods or any of them) arising or arisen directly or indirectly out of the performance or non-performance or breach of the Contract or otherwise out or connected with the manufacture or supplier or the Goods or any of them or the provision of any services in connection therewith. 

14 The Company accepts no liability for delay or non-fulfilment of any term of the Contract caused wholly or in part by “force majeure”, which expression shall be deemed to include war, strikes, lockouts, accidents, fire, scarcity or materials or any other cause or causes not within the Company’s direct control. 

15 No failure or delay on the part of the Company to exercise its rights under the Contract shall operate as a waiver thereof nor shall any single nor partial exercise of any such right exclude any other or further exercise thereof. Any waiver of a breach of any provision of the Contract shall not affect the Company’s rights in the event of any further or additional breech or breeches.

16 Not-withstanding termination of the Contract these Conditions shall continue in full force and effect for so long as is necessary after such termination to give full effect to the provisions contained in these Conditions. 

17 The Contract shall be construed in accordance with English law which shall be the proper law of the Contract and the English Court shall have sole jurisdiction in relation to the provisions contained in these Conditions. 

18 The clause headings in these Conditions are for convenience only and shall not affect the interpretation hereof in any way what so ever. 

19 Each and every obligation contained in the clause or sub-clause of these Conditions shall be treated as a separate obligation and shall be severally enforceable as such and the non-enforceability at any time of the clause or sub clause of these Conditions shall be treated as a separate obligation and shall be severally enforceable as such and the non-enforceability at any time of the clause or sub-clause of these Conditions shall not prejudice the enforceability of the remainder. 

20 The Company assumes that the Customer has complied with every applicable statute, by-law and other requirements of the Government or any local authority. The obtaining by the Customer of all necessary licenses, permits and consents that may be required is a condition precedent to the performance by the Company or any of its obligations under the Contract. 

21 These Conditions are stipulated by the Company on its own behalf and on behalf of all its employees and agents and apply for the protection of all its employees and agents as for the Company. The Customer undertakes not to sue or make any claim whatever against any employee or agent of the Company in respect of any alleged negligence or other default of that employee or agent in relation to the carrying out, failure to carry out or breech of any Contract. 

21.1 The Customer acknowledges and agrees by placing orders with the Company that: 

21.2 This is a transaction into which both parties are freely entering. 

21.3 There are clauses contained in these Conditions which exclude, limit or modify the liability of the Company its employees and agents. 

21.4 The prices and charges quoted in these Conditions or Business by the Company are based on the exclusions and restrictions on liability set out in these Conditions. On the basis that the Customer may seek to re-negotiate the prices quoted by the Company, the Customer and the Company accept that the exclusions and restrictions on liability referred to in these Conditions are reasonable. 

22 Charges for copy invoices:requests for copy invoices that are more than 90 days old will be liable to an administration fee of £1.00p per sheet. 

23 Guarantee covers replacement faulty goods only, no consideration for consequential loss due to redecoration or re-installation will be considered.

All information contained in this brochure is correct at the time of going to press. Whilst due care has been taken in the preparation of this price list no responsibility will be taken for errors and omissions. We reserve the right to withdraw and amend prices at any time without prior notice.