Terms & Conditions

Powerland Industries Limited Terms and Conditions

Business to Business

1. Contracts & Quotations

Powerland Industries Limited shall hereinafter be referred to as “the Company” and these Conditions of Business of the Company shall be applied to the exclusion of any terms referred to by the Customer.

2. Prices & Payment

2.1 Prices quoted by the Company are exclusive of VAT and other taxes and duties unless otherwise stated.

2.2 Prices are ex works unless otherwise stated and may be varied in the event of any changes as a result of customer instruction to alter design specification or quantity or suspension of work.

2.3 All amounts due to the Company shall be payable in Pounds Sterling in advance and prior to despatch unless otherwise stated in the terms of payment.

3. Delivery

3.1 Risk in the goods shall pass to the Customer when they are made available at the Customer’s premises following delivery or other delivery point as instructed by the Customer. The Customer is responsible for all off-loading operations. The Company reserves the right to deliver the goods to the nearest point of suitable access.

3.2 Goods for delivery outside the UK shall be under Inciters.

3.3 Times for delivery or performance are as advised in the Company’s letter of Acceptance of Order and subject to receipt of full instructions to proceed without hindrance. The Company shall endeavour to meet such delivery or performance times, but shall not be liable for any loss, damage or expense of whatever kind arising from any delay or failure from whatever cause, nor shall such failure or delay entitle the Customer to refuse to accept delivery or to repudiate the contract.

3.4 The Company may determine the form of transport and charge extra for any special arrangements required by the Customer.

3.5 The Company may deliver goods in separate instalments each to be deemed a separate contract. No failure by the Company in any of the instalments shall be grounds for refusing to accept any goods remaining.

4. Title

4.1 Until the Company has received full and unconditional payment for the goods in cash or cleared funds title to the goods shall remain that of the Company, and until the title passes the goods shall be clearly identified as the property of the Company. The Company shall at any time on demand be allowed to repossess the goods (without being liable for any damage thereby occasioned) and use or sell them.

4.2 The Customer hereby grants access to its premises to the Company for this purpose.

5. Losses In Transit

5.1 The Company will at it’s discretion (and within a reasonable period) replace, repair or credit for the invoice value (or proportionate part thereof) for any goods which the Customer proves were, at the time of delivery missing, lost, damaged, or not in accordance with their contract description. Where any loss or damage may have occurred after delivery in the course of any transport arranged by the Company on behalf of the Customer, the Company will assist in the claim against the carrier or insurer and account to the Customer for the proceeds of any such claim, less any reasonable and proper expenses.

5.2 Claims by the Customer will only be accepted if;

5.2.1 The Customer has inspected the goods promptly and give the Company written notice (other than on the carriers delivery note) of any alleged shortage, damage or any discrepancy within 7 days following date of receipt.

5.2.2 In the case of any alleged loss of a complete consignment, the Customer has given the Company written notice thereof in 10 days (or 28 days) or period stated in the Company’s order acknowledgement for goods intended for destinations outside the United Kingdom mainland, dating from date of the Company’s invoice.

5.2.3 The Customers notice of claim contains sufficient information to substantiate a claim against any carrier or insurer by the Company on it’s own account or on behalf of the Customer.

5.2.4 The Customer has afforded to the Company reasonable opportunity and facilities for the investigation of the claim and the carrying out of any repairs or remedial work and complied with any request by the Company for the return of the goods for examination the cost of carriage and insurance to be borne by the Customer but reimbursed if the claim is accepted, in which event any replaced goods shall belong to the Company.

5.2.5 The Customer has not permitted any person other than the Company to effect any repair or modification or repair to the goods.

6. Tests, Installation and Taking Over etc.,

6.1 The Goods are inspected and tested before dispatch. In the event that it is agreed that the Customer’s representative may attend such tests and the Company is notified in writing of this intentions with the order and if such representatives fail to attend after the Company has given notice of it’s readiness for testing the Company shall be entitled to proceed in the Customer’s absence and the results of such tests shall be conclusive as to the performance achieved.6.2 Where the Company supplies any services including installation or testing or supervising the installation of any goods;

6.2.1 the Customer shall at his expense provide such facilities and assistance including but not limited to the proper receipt, storage and protection of the goods as and when delivered and any equipment provided by the Company suitable access to and possession of any working areas, adequate facilities, skilled and unskilled labour, lighting and heating, services (including electricity, water and compressed air) fuel components and materials and equipment for the adequate testing of the goods as the Company reasonably requires for the services and ensure that such facilities and assistance are safe and comply with legislation, by-laws, standards, codes of practice and other requirements from time to time applicable. Where requested by the Company, the Customer will also make available free of charge such office space, telephones, canteen, sanitary and washing facilities as the Company reasonably requires.

6.2.2 The goods shall be deemed to have been accepted by the Customer when they have passed tests if any, specified in the quotation or have been put into commercial use.

7. Liability

7.1 The liability of the Company under the contract (whether by reason of breach of contract, tort or otherwise) shall be limited to the contract price (i.e. the sale price of the goods or services supplied). The Company shall not be liable for any indirect losses including but not limited to damages for loss of use of facilities or equipment, loss of business or revenue, loss of anticipated savings, loss of profits or loss of goodwill or other damages consequential upon the same provided that this clause shall not limit in any way the liability of the Company for death or personal injury caused by its negligence.

7.2 All generators supplied new are offered with 12 Month or 1000 Hour warranty whichever comes first, unless otherwise stated. In the event of a claim the company will endeavour to encourage and assist the manufacturer whose warranty is given to sort out any claims as soon as possible. We will not in the meantime be responsible for any costs relating to the supply and install of any hire set to replace the faulty generator. In the case of used generators a period off 6 Months or 500 hours use (Whichever Comes First) are given subject to the following: In the event of mechanical or electrical failure we must be notified in writing from the customer. The company will then arrange for an engineer to attend site within 48 hours and diagnose the problem and agree with the customer that it is a fault that has occurred whilst the generator has been kept within the service guidelines which differ from manufacturer to manufacturer. The company will then arrange for the labour and parts cover to repair and fix back to manufactures guidelines. Every claim will be acted on and dealt with as a matter of urgency. The costs will not exceed the purchase price of the generator. The company can not be held responsible for third party costs as a result of failure.

8. Force Majeure

8.1 The Company shall not be liable for any delay or other failure to perform whole or any part of the contract resulting from any cause whatsoever beyond the Company’s control existing at the date of order acknowledgement or arising thereafter including but not limited to fire, explosion, plant failure, lack or failure of transportation, supply of labour, strike or Governmental control.

9. Law, Jurisdiction and Construction

9.1 The contract shall be governed by English Law and the Customer consents to the exclusive jurisdiction of the English courts in all matters connected with the contract except only to the extent the Company invokes jurisdiction of the courts of any other country.

Powerland Industries Limited – Bagnall Street Great Bridge West Midlands DY4 7BS


Terms & Conditions (Consumer)

These terms and conditions apply to the use of our website Powerland Industries Ltd, which is located at www.powerland.co.uk.

Powerland  and www.powerland.co.uk are trading styles of Powerland Industries  Limited.

By using, registering with, or ordering from our website you agree to be bound by these terms and conditions.

If you do not accept these terms and conditions, do not use, register with, or order from our website.

Supply

We supply to the UK only. We will not supply to countries outside of the UK unless by prior arrangement.

 

Privacy Statement

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

We collect information about you for 2 reasons: firstly, to process your order and secondly, to provide you with the best possible service.

We will not email you in the future unless you have given us your consent.

We will give you the chance to refuse any marketing emails from us, both at the time of placing an order and at any future point in time. All you have to do is raise a ticket via our Support Centre and we will immediately remove you from our database.

The type of information we will collect about you includes:

Your name

Address

Telephone number

Email address

You can check the information that we hold about you by telephoning us. If you find any inaccuracies, we will delete or correct them promptly.

If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.

We use 'cookies' on our website. For more information please click the 'Cookies Policy' link at the bottom of any web page.

Delivery Charges

Delivery is free to mainland England and Wales for orders of £50.00 and over. For orders under £50.00 a £5.95 post and packing charge will be applied.

Many Scottish and offshore postcodes will incur an additional delivery charge. This is calculated based on the item ordered and the delivery postcode. We will inform you prior to processing your order of any additional delivery charges applicable to your order, at which time you have the right to accept these, or to cancel you order. If you would like to receive a pre-order quote for delivery to your postcode, please email us via the 'Contact Us' link at the bottom of any web page.

The following Scottish, ROI and offshore postcodes may incur an additional delivery charge:

 

AB, BT, DD, DG, EH, FK, G, GY, HS, IM, IV, JE, KA, KW, KY, ML, PA, PH, PO, TD, ZE

 

Delivery Information

Delivery is usually 1-3 working days. This can vary on larger (10KVA+) sets, these can take up to 5-7 working days. Please feel free to contact us before, or after ordering to check. If in doubt, please call for a delivery time estimate. All deliveries are subject to availability. In the unlikely event of there being a delay we will contact you by email. Delivery is normally between 8.00 am and 8.00 pm weekdays (Monday to Friday)

Next working day delivery is available on many products if you place your order before 1pm. This service cannot be absolutely guaranteed, and we will not be held responsible if your product does not arrive next day. We will however do our best to get it to you as quickly as possible. Please call us before placing your order if you need to check and/or confirm delivery.

Please note that whilst we try to ensure deliveries and collections run as smooth as possible, we cannot be held responsible for non-delivery or collections of items on a day. We will not be liable to you for any direct or indirect loss, damage or expense (including loss of profit, business or goodwill), howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation.

You must inspect your consignment before signing any paperwork.

Damaged or Missing Items

If parcels are damaged or items are missing you should either refuse the delivery completely or sign for the parcels as being 'DAMAGED', on electronic pads this can be handwritten before adding your signature. If you accept a delivery that you subsequently realise is damaged, you must report this within 24 hours by raising a ticket via our Support Centre where we will offer further advice.

If the number of parcels does not match or correspond to the consignment note, this must be stated as 'SHORT DELIVERY'.

It is your responsibility to ensure that the actions above are followed BEFORE SIGNING. Mistakes cannot be rectified once the number of packages has been signed for.

All carrier related damages and discrepancies must be reported to us within 2 working days. We will not be responsible for any carrier-related damage or loss reported outside of this 2-day period.

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to return your order up to 14 days from the day you receive your goods. You are responsible for returning the item within 14 calendar days of cancelling.

To exercise your right to cancel you must inform us of your decision to cancel by a clear statement. We recommend submitting a cancellation request via our Support Centre. This is because it provides a clear record of your request and a thread of any communications between you and us.

If You, as the "the consumer", are returning unwanted goods, they must be returned in an unused state in their original packaging. You, as ‘the consumer’ are liable to pay for the costs of returning the goods to ourselves. Alternatively, we can arrange to collect the item from you, but you will be liable for the collection charge. Please contact us by raising a ticket via our Support Centre to request a collection or notify us of a return, where we will acknowledge your request and confirm any costs involved. All items returned in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are inspected and where necessary tested by Powerland Industries Ltd Limited.

Provided the goods are received in an ‘as new’ condition and have not been used or tested by the you, ‘the consumer’, then a full refund (less any previously agreed return carriage costs) will be made within 14 days of receipt of the goods. If the goods have been used or tested and therefore cannot be classified ‘as new’, then a reasonable deduction will be made, and you will be notified by email in this instance.

If you have placed an order via our website, you will receive a copy of our Terms and Conditions (in PDF format) attached to your order confirmation email. Please ensure you check your ‘junk’ or ‘spam’ folders if you do not receive the order confirmation email.

Your right to reject the Products / if the Products are faulty

Under the Consumer Rights Act (2015) you have a legal right to reject goods that are unsatisfactory quality, unfit for purpose or not as described and get a full refund. This right is limited to 30 days from the date you buy your product. After 30 days you will not be legally entitled to a full refund if your item develops a fault.

To exercise your right to cancel you must inform us of your decision to cancel by a clear statement. We recommend submitting a cancellation request via our Support Centre. This is because it provides a clear record of your request and a thread of any communications between you and us.

If You, as the "the consumer", are returning goods that are of unsatisfactory quality, unfit for purpose or not as described, then we will arrange collection. Please contact us by raising a ticket via our Support Centre to request a collection. All items returned in accordance with the Consumer Rights Act 2015 are inspected and where necessary tested by Powerland Industries Ltd Limited.

If you have placed an order via our website, you will receive a copy of our Terms and Conditions (in PDF format) attached to your order confirmation email. Please ensure you check your ‘junk’ or ‘spam’ folders if you do not receive the order confirmation email.

Repairs, Replacements & Refunds

If you have cancelled the Contract between us within the 14-day cooling-off period, we will process your refund in accordance with Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided the goods are received in an ‘as new’ condition and have not been used or tested by the you, ‘the consumer’, then a full refund (less any previously agreed return carriage costs) will be made within 14 days of receipt of the goods. If the goods have been used or tested and therefore cannot be classified ‘as new’, then a reasonable deduction will be made, and you will be notified by email in this instance.

For faults discovered on delivery or within 30 days (Consumer Rights Act (2015), please report these by raising a ticket via our Support Centre where we will offer further advice. If an item is collected due to a fault the goods will be inspected in our workshop and we will then notify you by email within a reasonable period of our intentions to either repair, replace or refund. We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product. If you elect for a refund of a Product returned by you because of a defect, it will be refunded as per our refunds policy (we reserve the right to verify that there is a fault).

Any item found not to be faulty will be subject to a charge. Charges are item specific and available on request. You will be notified of any charges before any non-faulty goods are returned to you. This does not affect your statutory rights.

If you must hire a machine whilst your equipment is being repaired, neither Powerland Industries Ltd Limited, nor the manufacturer of your equipment are liable, or will compensate for any hire charges that you may incur.

You must keep all boxes or pallets for up to 14 days after delivery. Failure to do this will incur a charge to supply and deliver a replacement.

Warranties

All goods supplied by Powerland Industries Ltd Limited are covered by a full manufacturer’s warranty. Please refer to your owner’s manual for confirmation of your warranty period.

You will require your invoice as your proof of purchase. If you require a copy, please contact us via our Support Centre.

Please be advised that most fuel related problems are not covered under warranty. This type of repair will be chargeable. For more advice and troubleshooting guides please visit our Support Centre.

You must keep all boxes or pallets for up to 14 days after delivery. Failure to do this will incur a charge to supply and deliver a replacement.

Free Items

In the unforeseen event that we cannot supply a free promotional item as advertised, we reserve the right to supply a different free item of similar value.

 

Prices

All prices are including VAT at 20% and are subject to any additional geographical delivery charges. See Delivery Charges (4) above for further information.

 

Payment Options

You have the option to purchase online through SagePay or PayPal Payments.

You can also pay by cheque or bank transfer against a pro-forma invoice. To choose either of these methods, please visit our Payment via Pro Forma page and fill out the form.

Cancellation by Us

We reserve the right to cancel the contract between us if:

We have insufficient stock to deliver the goods you have ordered, or

We do not deliver to your area, or

One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier.

If we do cancel your contract, we will notify you by email and will re-credit your account any sum deducted by us in relation to the order. We are not obliged to offer any compensation for disappointment suffered.

Availability and Refunds

Whilst we endeavour to hold sufficient stock to meet all our orders, we cannot be held responsible, or offer any compensation for any disappointment endured, if we fail to meet our designated delivery time, or fulfil an order. All orders are subject to availability.

If we are unable to deliver within our specified time, we will endeavour to contact you. We will try to arrange an alternative time that is suitable for you. If this is not acceptable, you have the option to cancel your order and you will receive a full refund.

Security and Peace of Mind

All online orders placed with us are processed through a secure server (SSL). This secure server encrypts all information disclosed to us and/or our payment processors (SagePay and PayPal) before it is transferred from your computer or other internet-connected device. This ensures that your details are not accessible by any third parties. We take the subject of fraud very seriously and adhere strictly to the code of practice as set down in the UK Data Protection Acts of 1984 and 1998. We do not keep records of your details that would be accessible by other parties online and we will not contact you unless your permission is given.

 

Credit / Debit Card Information

We do not store, or have access to your credit, or debit card information. This is all done for us by either SagePay or PayPal Payments. They never give your card details to us and they process your payments for us, handling all your sensitive financial information on our behalf.

 

Disclaimer

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.

Our policy of continually updating products could mean that certain details and prices held within this site may be changed without prior notice. All specifications and images are true to the best of our knowledge. We cannot be held responsible for any errors in images, or product details as supplied to us and all dimensions are approximate.

Liability

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

WEEE Regulations

The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.

The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK.

Much of the UK’s WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and human health.

Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and reduces the environmental and health risks associated with sending electrical goods to landfill.

Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites.

Powerland Industries Ltd Limited is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us.

For example, if a customer bought a new electric generator from us, we would accept their old generator and prevent it going into a landfill site by disposing of it safely.

Customers must return their WEEE item to us, at their own cost, within 28 days of purchasing their new item to the following address: Powerland Industries Ltd  Bagnall Street, Great Bridge, West Midlands DY4 7BS

Copyright, Intellectual Property and Images

Logos, graphics, text and all other content within this website are the copyright and intellectual property of Powerland Industries Ltd Limited and/or the respective manufacturers or suppliers.

Permission is granted to electronically copy and print portions of this site for the purpose of placing an order with us. Any other use of information on this site without the prior written permission is strictly forbidden.

Whilst we endeavour to ensure that images are correct and a true representation, please be advised that we cannot be held responsible for incorrect images. Please contact us if you need any verification on product images.

Complaints Procedure

Introduction - Our customers' views are important to us and it is important that you let us know if we have not met your needs.

Making a complaint - We aim to handle complaints quickly, effectively and in a fair and honest way. We take all complaints seriously and use valuable information from investigating to help us improve the service we provide. We treat all complaints in confidence.

How you can make a complaint

• by telephone on 01527 854 529

• by letter to Powerland Industries Ltd  Bagnall Street, Great Bridge West Midlands DY4 7BS

• by submitting an email via our Support Centre

How we handle complaints - We will acknowledge a complaint within 3 working days. We will keep you informed about the progress of the investigation. We aim to have all complaints finished within 28 working days unless we agree a different time scale with you. When we have finished investigating, we will contact you with details of our findings.

Time limits - You should complain as soon as you can after the date on which the event occurred or came to your notice. If you complain more than 6 months later, we may not be able to investigate properly. But we shall also consider whether you had good reason for not making the complaint sooner and whether, despite the delay, it is still possible to investigate the complaint effectively and fairly.

Statutory Rights

These terms and conditions do not affect your statutory rights as a consumer.

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