Terms and Conditions of Sale

These terms and conditions are the terms upon which we will supply our products to you via our website. They are supplemental to our Website Terms of Use which explain how our website can be used.

By clicking on the 'check out' box you are confirming you have read and accepted these website terms and conditions. If you do not accept these website terms and conditions you should not proceed with your order online. When you have placed your order you should print a copy of these terms and conditions, or save them to your computer, for future reference.

We amend our terms and conditions from time to time. Every time you place an order for goods from us, you should check the terms to ensure you understand the terms which apply at the time. Please read these terms and conditions carefully particularly conditions 10 and 11.

  1. INTERPRETATION
    1. Definitions. In these Conditions, the following definitions apply:
      Business Day: a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.
      Buyer: the person or firm who purchases the Goods from the Seller.
      Commencement Date: has the meaning set out in condition 2.ii.
      Conditions: these terms and conditions as amended from time to time in accordance with condition 15.viii.
      Contract: the contract between the Seller and the Buyer for the supply of Goods comprising the Order and these Conditions.
      Delivery Location: has the meaning set out in condition 4.i.
      Force Majeure Event: means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
      Goods: the air line products and tyre inflation equipment (or any part of them) to be made available to the Buyer by the Seller as set out in the Order.
      Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
      Order: the Buyer's online order for the supply of Goods.
      Seller: Pneumatic Components Limited registered in England and Wales with company number 341813 and VAT number GB 172 7207 68.
      Website: www.pcl-online.com
    2. In these Conditions a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
  2. BASIS OF CONTRACT
    1. The Order constitutes an offer by the Buyer to purchase Goods in accordance with these Conditions. The Buyer shall complete the Order process online through the Website. It is the Buyer's responsibility to check the Order carefully to ensure all details are correct.
    2. Following receipt of the Order, the Seller will verify the Order; upon despatch of the Order to the Buyer the Seller will issue an email (“Despatch Email”) to the Buyer, and the Order shall only be deemed to be accepted. At this point and on this date the Contract shall come into existence (Commencement Date).
    3. If the Seller cannot supply the Goods ordered, for example because those Goods are not in stock or no longer available or because of an error in the price on the Website, it will notify the Buyer of this by email and will not process the Buyer’s Order. If the Buyer has already paid for the Goods, it will refund the relevant amount.
    4. The Contract constitutes the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract.
    5. Any samples, drawings, descriptive matter or advertising issued by the Seller and any descriptions of the Goods contained in the Seller's catalogues or brochures or on the Seller’s website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
    6. These Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    7. Any quotation given by the Seller shall not constitute an offer, and is only valid for a period of 30 days from its date of issue.
    8. If the Buyer is a consumer, they may only purchase Goods from the Website if they are at least 18 years old. If the Buyer is a business, the individual placing the Order on behalf of the Buyer confirms that it has authority to bind any business on whose behalf its uses the website to purchase the Goods.
    9. The Seller only supplies Goods online to certain authorised territories. If the Buyer requests Goods to be delivered to an unauthorised territory its online order will be declined. The Seller can be contacted on +44 (0)114 248 2712 if the Buyer wishes to discuss the provision of Goods to unauthorised territories.
  3. GOODS
    1. The Goods are described in the Seller's sales literature and on the Seller's website.
    2. To the extent that the Goods are to be manufactured in accordance with a specification produced by the Buyer, the Buyer shall indemnify the Seller against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Seller in connection with any claim made against the Seller for actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with the Seller's use of the specification for the Goods. This condition 3.ii shall survive termination of the Contract.
    3. The Seller reserves the right to amend the specification for the Goods if required by any applicable statutory or regulatory requirements.
  4. DELIVERY OF GOODS
    1. The Seller shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location).
    2. Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.
    3. The Seller will endeavour to deliver the Goods by the estimated delivery date set out in the Despatch Email. The estimated delivery time for locations in the UK is 1-3 Business Days from despatch. Delivery to locations outside of the UK will take longer. The estimated delivery time for locations outside the UK is 7-10 Business Days from despatch. If the Seller cannot meet the estimated delivery date it will contact the Buyer to agree a revised estimated delivery date. If the Buyer is a consumer and is unhappy with the revised estimated delivery date it may cancel the Order in accordance with Condition 12.iii, unless the Goods ordered have been made to the Buyer's specification.
    4. Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Seller shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Buyer's failure to provide the Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
    5. If the Seller fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Seller shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Buyer's failure to provide the Seller with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
    6. If ten Business Days after the Seller notified the Buyer that the Goods were ready for delivery and the Buyer has not accepted or taken delivery of them, the Seller may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Buyer for any excess over the price of the Goods or charge the Buyer for any shortfall below the price of the Goods.
  5. TITLE AND RISK
    1. The risk in the Goods shall pass to the Buyer on completion of delivery at the Delivery Location.
    2. Title to the Goods shall not pass to the Buyer until the Seller has received payment in full (in cash or cleared funds) for the Goods.
  6. QUALITY OF GOODS
    1. The Seller warrants that on delivery and for a period of 12 months from the date of delivery or until the Goods are sold on to a third party end user (whichever is sooner) (Warranty Period), the Goods shall:
      1. conform in all material respects with their description;
      2. be free from material defects in design, material and workmanship; and
      3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
    2. Subject to condition 6.iii, if:
      1. the Buyer gives notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in condition 6.i;
      2. the Seller is given a reasonable opportunity of examining such Goods; and
      3. the Buyer (if asked to do so by the Seller) returns such Goods to the Seller's place of business at the Buyer's cost, the Seller shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
    3. The Seller shall not be liable for the Goods' failure to comply with the warranty in condition 6.i if:
      1. the Buyer makes any further use of such Goods after giving a notice in accordance with condition 6.ii;
      2. the defect arises because the Buyer failed to follow the Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
      3. the defect arises as a result of the Seller following any drawing, design or specification for the Goods supplied by the Buyer;
      4. the Buyer alters or repairs such Goods without the written consent of the Seller;
      5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
      6. the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards
    4. Where Goods are returned to the Seller and such Goods are found not to be in breach of the warranty given in condition 6.i, the Seller shall have the right to charge the Buyer a handling fee in relation to the return of such Goods.
    5. The Buyer shall not return the Goods to the Seller without notifying the Seller in writing in advance that the Goods are going to be returned.
    6. Except as provided in this condition 6, the Seller shall have no liability to the Buyer in respect of the Goods' failure to comply with the warranty set out in condition 6.i.
    7. The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Seller under condition 6.ii.
    8. If the Buyer is a consumer, the warranty given in condition 6.i is in addition to the Buyer’s legal rights in respect of Goods that are faulty or not as described.
  7. BUYER’S OBLIGATIONS
    1. The Buyer shall ensure that the terms of the Order and (if submitted by the Buyer) any specification for the Goods, are complete and accurate.
    2. The Buyer shall comply, and procure that its employees and agents comply strictly with all instructions, warnings, data sheets and other materials supplied by the Seller with or in connection with the Goods and if supplying the Goods to a third party, ensure that the Goods are accompanied by the same.
    3. In accordance with Waste Electrical and Electronic Equipment (WEEE) 2006, the Seller does not offer a take-back system for WEEE recovery and disposal and in doing so discharges their WEEE obligations. It is therefore understood, that any Goods sold with an Electrical and Electronic element, the obligation to dispose of said Goods rests with the Buyer. The Buyer will ensure that at End of life, said Goods are treated, recycled and disposed of in an environmentally sound way.
  8. CHARGES AND PAYMENT
    1. The price for Goods shall be the price set out in the Order. The price of the Goods is exclusive of all costs and charges of taxation, packaging, insurance and transport of the Goods. Such costs will be notified to the Buyer prior to it confirming its Order.
    2. The Buyer must pay in advance in full for the Goods as detailed in the Buyer’s Order, together with all applicable VAT, delivery and packing charges. Payment is to be made by debit or credit card. The Seller accepts the debit and credit cards listed on the Website.
  9. INTELLECTUAL PROPERTY RIGHTS
    1. All Intellectual Property Rights in the Goods and any literature provided to the Seller in relation to the Goods shall be owned by the Seller.
    2. The Buyer shall have no rights to any property owned or licensed by the Seller except that the Buyer may, subject to obtaining the prior written consent of the Seller, resell the Goods under trade marks applied by the Seller. If such consent is granted the Buyer will at all times comply with the instructions of the Seller in relation to use of the trade marks including (without limitation) that the Buyer will not obscure or obliterate any trade mark or instruction or warning applied to the Goods by the Seller.
  10. SELLER’S LIABILITY - BUSINESS CUSTOMERS: This clause applies if the Buyer is a business.
    1. Nothing in these Conditions shall limit or exclude the Seller's liability for:
      1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
      4. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      5. defective products under the Consumer Protection Act 1987.
    2. Subject to condition 10.i:
      1. the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
      2. the Seller's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Contract.
    3. Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
    4. This condition 10 shall survive termination of the Contract.
  11. SELLER'S LIABILITY - CONSUMERS: This clause applies if the Buyer is a consumer.
    1. If the Seller fails to comply with these Conditions, it is responsible for loss or damage the Buyer suffers that is a foreseeable result of its breach of these Conditions or its negligence, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Seller's breach or if they were contemplated by the Buyer and the Seller at the time they entered into the Contract.
    2. The Seller only supplies the Goods for domestic and private use. The Buyer agrees not to use the Goods for any commercial, business or re-sale purposes, and the Seller has no liability to the Buyer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. The Seller does not in any way exclude or limit its liability for:
      1. death or personal injury caused by its negligence;
      2. fraud or fraudulent misrepresentation;
      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. defective products under the Consumer Protection Act 1987.
  12. CONSUMER'S RIGHT TO CANCEL. This clause only applies if the Buyer is a consumer
    1. If the Buyer is a consumer, they have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in condition 12.iii. This means that during the relevant period if the Buyer does not wish to proceed with the Order or for any other reason the Buyer decides it does not want to keep the Goods, it can notify the Seller of its decision to cancel the Contract and receive a refund. Advice about consumer's legal right to cancel the Contract is available from the Citizens' Advice Bureau or Trading Standards office.
    2. This cancellation right does not apply if the Goods are made to the Buyer's specification or the Goods are custom made.
    3. The Buyer's legal right to cancel a Contract starts from the date of the Despatch Email which is when the Contract between the parties is formed. If the Goods have already been delivered to the Buyer, the Buyer has a period of 14 (fourteen) days in which it may cancel the Contract, starting from the day after the day it receives the Goods.
    4. To cancel a Contract, the Buyer must contact the Seller in writing by sending an email to info@pcl-online.com. The Seller will issue the Buyer with a Returns Number and issue the Buyer with a Returns Form. The Buyer must complete the Returns Form and return the Goods to the Seller with the completed Returns Form and the relevant Returns Number. All returned Goods must be returned to the Seller in an unused and resalable condition.
    5. The Buyer will receive a full refund of the price it has paid for the Goods The Seller will process the refund due to the Buyer as soon as possible and, in any case, within 30 calendar days of the day on which the Buyer gives notice of cancellation.
    6. If the Buyer returns the Goods to the Seller under this condition 12 because they are faulty or mis-described, the Seller will refund the price of the defective Goods in full, any applicable delivery charges, and any reasonable costs the Buyer incurs in returning the item to the Seller.
    7. The Seller will refund the Buyer on the credit card or debit card used by the Buyer to pay for the Goods.
    8. If the Goods were delivered to the Buyer:
      1. the Buyer must return the Goods to the Seller as soon as reasonably practicable;
      2. unless the Goods were faulty or not as described the Buyer will be responsible for the cost of returning the Goods to the Seller;
      3. the Buyer has a legal obligation to keep the Goods in its possession and to take reasonable care of the Goods while they are in its possession.
    9. As a consumer, the Buyer will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this condition 12 or these Conditions. Advice about the Buyer's legal rights is available from the Citizens' Advice Bureau or Trading Standards office.
  13. TERMINATION
    1. Without limiting its other rights or remedies, the Seller may terminate the Contract with immediate effect by giving written notice to the Buyer if:
      1. the Buyer commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 28 days after receipt of notice in writing of the breach;
      2. the Buyer is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; the Buyer enters into any compromise or arrangement with its creditors; a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Buyer; the Buyer (being an individual) is the subject of a bankruptcy petition or order; a creditor or encumbrancer of the Buyer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; an application is made to court, or an order is made, for the appointment of an administrator or if an administrator is appointed over the Buyer; a floating charge holder over the assets of the Buyer (being a company) has become entitled to appoint or has appointed an administrative receiver; a person becomes entitled to appoint a receiver over the assets of the Buyer or a receiver is appointed over the assets of the Buyer;
      3. any event occurs, or proceeding is taken, with respect to the Buyer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in condition 13.i.b;
      4. the Buyer suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business;
      5. the Buyer (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation;
      6. the Buyer undergoes a change of control (within the meaning of section 1124 of the Corporation Tax Act 2010).
    2. Without limiting its other rights or remedies, the Seller may terminate the Contract:
      1. by giving the Buyer 1 months' written notice;
      2. with immediate effect by giving written notice to the Buyer if the Buyer fails to pay any amount due under this Contract on the due date for payment.
    3. Without limiting its other rights or remedies, the Seller shall have the right to suspend all further deliveries of Goods under any other contract between the Buyer and the Seller if:
      1. the Buyer fails to make pay any amount due under this Contract on the due date for payment; or
      2. the Buyer becomes subject to any of the events listed in condition 13.i.b, or the Seller reasonably believes that the Buyer is about to become subject to any of them.
  14. CONSEQUENCES OF TERMINATION
    On termination of the Contract for any reason:
    1. the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
    2. conditions which expressly or by implication have effect after termination shall continue in full force and effect.
  15. GENERAL
    1. Force Majeure:
      1. The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
      2. If the Force Majeure Event prevents the Seller from providing any of the Goods for more than 4 weeks, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.
    2. Assignment and subcontracting:
      1. The Seller may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.
      2. The Buyer shall not, without the prior written consent of the Seller, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
    3. Notices:
      1. Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number.
      2. Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at such addressor, if sent by prepaid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.
      3. This condition 15.iii shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this condition, "writing" shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.
    4. Waiver and cumulative remedies:
      1. A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
      2. Unless specifically provided otherwise, rights arising under the Contract are cumulative and to not exclude rights provided by law.
    5. Severance: If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
    6. No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
    7. Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
    8. Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by the Seller.
    9. Governing law and jurisdiction:
      1. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
      2. The Uniform Laws on International Sales Act 1967 and the United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Contract.
  16. USE OF PERSONAL DATA
    The Seller only uses personal data in accordance with its Privacy Policy. Please read this carefully as it includes important terms which apply to Buyers.