Terms & Conditions
All transactions, including quotations and subsequent orders based on such quotations, are governed by the following terms of sale, where PandaPak Ltd is herein referred to as "the Company".
Validity of Quote
Prices
Payment
Full payment for the Goods, along with any applicable charges for carriage and insurance, is required before the order can be accepted, unless mutually agreed otherwise in writing.
Payment is deemed received only when the Company has received cleared funds.
Unless otherwise agreed, payment is necessary before goods are delivered. The Company retains ownership of goods until full payment is received. Subsequent orders and deliveries may be refused until payment is received.
Delivery
If you choose PandaPak Delivery, standard delivery time is within 2 working days but we cannot completely guarantee. Time is not of the essence in this contract. The Company bears no liability if delivery periods are not met for any reason.
If you choose DPD Delivery, non-delivery must be reported within 3 days, with written confirmation to enable a claim under the carrier's terms. Any shortages or damage upon delivery must be reported immediately and confirmed in writing within 3 days.
Warranty
The Company warrants that electrical goods supplied will conform to specifications and be free from defects for 12 months from the delivery date. The Company's obligation in case of a breach is limited to repairing or replacing defective goods, returned by the customer. This warranty supersedes all other warranties, expressed or implied, subject to the following conditions:
Claims must be in writing and submitted within 3 days of delivery.
The Company is not liable for defects arising from customer-supplied drawings, designs, or specifications.
The Company is not liable if defects result from willful damage, misuse, negligence, failure to follow instructions, or unauthorized alteration or repair.
The Company is not liable if the price for the goods remains unpaid by the due date.
This warranty does not cover parts, materials, or equipment not manufactured by the Company; the customer is entitled to the manufacturer's warranty.
Except for death or personal injury due to negligence, the Company is not liable for consequential loss, damage, or other claims.
Goods can be returned (at the customer's cost, in original boxes) within the first 7 days of the order date, with any initial carriage costs deducted from the final refund value.
Carriage
Force Majeure
Reservation of Title
The goods sold under these conditions shall remain the absolute property of the Company, and legal title in the goods shall remain vested in the Company until full payment of all invoiced amounts or amounts due to the Company in connection with the Goods, or until the goods are resold by the customer, whichever occurs first. In the event that the customer enters into liquidation, has a winding-up order issued against it, or has a receiver, administrator, or administrative receiver appointed over its assets or income before the property in the Goods has passed as per this condition, the Company is entitled, following notice of intent to repossess the goods, to enter the customer's premises with the necessary transport and reclaim any Goods to which it holds title under this condition. No liquidator, receiver, administrator, or administrative receiver of the Customer is authorized to sell goods owned by the Company without the Company's prior written consent.
Until the property and legal title to the Goods pass to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee. The Customer must keep the Goods separate from those of the Customer and third parties, properly stored, protected, insured, and identified as the Company's property. During this period, the customer may resell or use the Goods in the ordinary course of its business but must account to the Company for the proceeds of sales, including insurance proceeds, and keep such proceeds separate from its own funds and those of third parties.
The Customer is not entitled to pledge or charge, as security for any indebtedness, any Goods that remain the property of the Company. If the Customer does so, all amounts owed by the Customer to the Company shall become immediately due and payable, without prejudice to any other right or remedy of the Company.
The Company retains the right to pursue legal action for the price of the goods, even if title has not passed to the customer.