These Terms and Conditions of Sale determine your relationship with Protector Parts (the Supplier). Please take care to understand them as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions of Sale please do not place an Order for Goods with the Supplier.

1. Definitions;

1.1 Products/ Goods: Manufactured components as displayed on the company website.

1.2 Supplier: Smyth Engineering Services Ltd, trading as Protector Parts

1.3 Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

1.4 Customer: the person or business entity who agrees to purchase the Goods from the Supplier (whether having separate legal entity or not).

1.5 Conditions: the terms and conditions set out in this document and updated as necessary.

1.6 Business Day: a day other than a Saturday, Sunday or public holiday in Northern Ireland, when banks are open for business in this country.

2. Contract Basis;

2.1 A contract is commenced when the Customer places in order to purchase Products from the Supplier, be that a full or part order.

2.2 The order shall be accepted by the Supplier upon confirmation of a written email or digital communications, at which point the Contract shall come into force.

2.3 The Customer waives any right it might otherwise have to rely on any term endorsed or contained in any other document of its customer, that is inconsistent with these Conditions.

2.4 Any quotation for Products given by the Supplier shall not constitute an offer, after a period of 10 business days.

3. Products;

3.1 The Products are described on the Suppliers website and are manufactured in accordance with a Specification as provided by the customer, to the Suppler at the point of order. It is the responsibility of the customer to correctly define the specification, according to their needs.

3.2 The Customer shall indemnify the Supplier against all liabilities, cost, expenses, damages and loss (including consequential loss, of profit, reputation, and all penalties, interest and legal or professional charges) incurred by the supplier, resulting from any claim or charge made against the supplier for actual or alleged infringement of a 3rd party IP rights.

3.3 The supplier reserves the right to upgrade or improve the Specification, resulting from design changes or recommendations by regulatory requirements as necessary.

4 Payment;

4.1 All product prices are quoted in pounds in pounds Sterling (£), exclusive of VAT and shipping charges. Shipping will be added to the product price and VAT applied.

4.2 Alternatively, products may be collected from Company trading premises at 15 Lough Rd, Markethill, Co. Armagh, BT602HJ or storage premises in mainland UK, subject to an administration charge where necessary.

4.3 Prices may very at any time prior to but not after acceptance of your order.

4.4 We cannot accept you order until payment in full is received.

4.5 Right and Title of the Products shall remain that of the Supplier until paid for in full, regardless of location.

5. Quality;

5.1 The supplier warrants all products for a minimum of 12months where products are primed or painted.

5.2 All products that are hot dip galvanised, will be warranted for a period of 5 years form the date the purchase order is received.

5.3 The Supplier warrants that the products will be of satisfactory quality (as covered by the Sale of Goods Act 1979) and free from significant defects in material and workmanship.

5.4 The supplier shall not be liable for the Products, if the customer modifies the Product in any way beyond the purpose for which it was intended.

6. Cancellation;

6.1 You may cancel your order, without giving any reason within 5 days, provide your order has not been dispatched from our delivery address.

6.2 To exercise the right to cancel you must notify us by email, stating your full name, address and order reference number.
6.3 If you cancel this contract we will reimburse you for the cost of the product, provided it has not been dispatched.

6.4 All order cancellations will incur an administration fee of £25 +VAT

7. Returns;

7.1 We will only accept returns, where the product is in undamaged, resalable condition.

7.2 If the product has been altered, modified or changed in any way we reserve the right to refuse returns.

7.3 Photographic evidence will need to be provided via email where returns of a product is sought.

7.4 Following receipt of the product to our facilities, it will be inspected and assessed and a refund issued within 10-14days.

7.5 The customer is responsible for all delivery costs associated with returns.

8. Limitation of liability;

8.1 The restrictions on liability in this clause 8 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

8.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

8.2.1 death or personal injury caused by negligence;

8.2.2 fraud or fraudulent misrepresentation;

8.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
8.2.4 defective products under the Consumer Protection Act 1987.

8.3 Subject to clause 8.2, the Supplier’s total liability to the Customer shall not exceed the price of the Goods.

8.4 Subject to clause 3, the following types of loss are wholly excluded:

8.4.1 loss of profits;

8.4.2 loss of sales or business;

8.4.3 loss of agreements or contracts;

8.4.4 loss of anticipated savings;

8.4.5 loss of use or corruption of software, data or information;

8.4.6 loss of or damage to goodwill;

8. Force majeure;

8.1 Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.

9. General;

9.1 Entire agreement.

• • • • This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
      • Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

9.1.1 Assignment and other dealings.

• • • • The Supplier may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
      • The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.

9.2 No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

9.3 No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

9.4 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract.

9.4.1 Any notice [or other communication] given to a party under or in connection with the Contract shall be in writing and shall be:

9.4.1.1 delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

9.4.1.2 sent by email to the address specified in the Order Confirmation.

9.4.1.2 Any notice or communication shall be deemed to have been received:

9.4.2.1 if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and

9.4.2.2 if sent by pre-paid first-class post next working day delivery service, at 9.00am on the second Business Day after posting or at the time recorded by the delivery service; and

9.4.2.3 if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 6(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

9.4.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

9.5 Third party rights. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

These Terms and Conditions were last updated September 2021