2. CONDITIONS APPLICABLE:
2.1 The Conditions shall apply to the Contract to the exclusion of all other terms and conditions
2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representative of P1M and the Customer
2.3 Any representations made by any of P1M’s employees sub-contractors or agents concerning the Services shall not be incorporated into the Contract unless confirmed by P1M in writing and in entering into the Contract the Customer acknowledges that it does not rely on and waives any claim for breach of such representations which are not so confirmed
2.4 Any brochures and photographs are intended as a general guide only and any typographical clerical or other error or omission in any website sales literature quotation order form/estimate price list acceptance of offer invoice or other documentation or information that may be issued by P1M shall be subject to correction without any liability on the part of P1M unless such correction shall fundamentally alter the Customer’s rights under the Contract to the Customer’s disadvantage in which case the Customer shall be entitled to cancel the Contract without any liability
2.5 Any estimate given by P1M may be withdrawn at any time prior to acceptance by the Customer and in any event shall lapse after (7) seven days
2.6 P1M may make any changes to the specification of the Services which are required to conform with any applicable safety or other statutory requirements (where the goods related to the Services are to be supplied or installed to the Customer’s specification) which do not materially affect their quality or performance

3. ORDERS:
3.1 If P1M sends the Customer a Quotation, any Customer order shall not be deemed to be accepted by P1M and the Contract shall not be formed until P1M’s authorised representative sends the Customer an Order Confirmation. By placing an order the Customer is offering to buy Services from P1M on these Conditions. P1M will have no obligation to provide the Customer with the Services until the Contract is formed. The Customer must ensure that the terms of the Customer’s order (including but not limited to the relevant details set out in any Quotation overleaf) are complete and accurate.
3.2 By placing an enquiry for Services with P1M, the Customer agrees to P1M sending Quotations and Order Confirmations and any related correspondence to the Customer by email.
3.3 Where the Customer requires the Services to be supplied in accordance with the Customer’s specific instructions and/or specifications such instructions shall be supplied to P1M at the time of the order

4. PRICE AND PAYMENT:
4.1 Except as otherwise agreed in writing between P1M and the Customer and without prejudice to any other right or remedy available to it P1M shall be entitled to invoice the Customer for:-
(a) the Price and VAT at the rate prevailing on the date of P1M’s invoice (or instalments thereof by way of interim invoices) before or on or at any time after the Completion Date; and
(b) any Deposit and VAT (if applicable) at the rate prevailing on the date of P1M’s invoice before or on or at any time after the date that P1M issues any Order Confirmation
4.2 Unless otherwise agreed in writing by P1M, the Customer shall pay P1M’s invoices either on receipt of the said invoice or no later than fourteen (14) days after the date of invoice (“Due Date”). No payment will be deemed to have been made until P1M is in receipt of cleared funds.
4.3 As applicable VAT is payable in addition to the Price on all orders
4.4 If P1M has agreed with the Customer that any payment due to P1M will be settled by a third party (including but not limited to an insurance company) and such third party makes payment directly to the Customer the Customer will hold the payment as P1M’s agent and will pay it to P1M in full immediately without any deduction whatsoever. For the avoidance of doubt the Customer shall remain liable at all times for payment of the Price
4.5 If the Customer fails to make payment on the Due Date then without prejudice to any other right or remedy available to it P1M shall be entitled to:-
(a) cancel the Contract and/or suspend the supply of any further Services to the Customer (whether under this Contract or any other contract with the Customer) until full payment together with interest is received by P1M; and/or
(b) charge the Customer interest (before and after any judgment) on the amount unpaid at the rate of three per cent per annum above the Bank of England base rate from time to time until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest)
4.6 The Customer shall not be entitled by reason of any alleged minor defect to withhold more than a proportionate amount of any sum due
4.7 P1M shall be entitled to increase the Price for provision of the Services to take into account any increase in the cost (including but not limited to materials and/or labour) which is a result of any delay caused by any acts or instructions by the Customer or his/her omissions generally and/or failure to give P1M adequate information or instructions and/or in consequence of any default by the Customer

5. PERFORMANCE
5.1 Unless otherwise agreed in writing the place for the performance of the Services shall be the Customer’s premises.
5.2 The Customer shall ensure that it complies with all relevant health and safety legislation by-laws and other rules and regulations where the Services are to be performed at the Customer’s premises. In order to enable P1M to provide the Services safely and to the best of its ability the Customer shall do the following before P1M provides the Services:-
(a) inform P1M of any potential hazards whatsoever existing at the premises where P1M is to perform the Services and any particular precautions or special requirements in relation to such hazards of which the Customer is aware or of which the Customer reasonably ought to be aware and which hazards could constitute danger to any employee or agent of the P1M whilst engaged in the performance with the Services;
(b) obtain permission for P1M to enter any third party’s premises where such access is required to perform the Services
5.4 P1M may make any changes to the provision of the Services which are required to conform to any applicable safety or other statutory/regulatory requirements but which do not materially affect the supply of the Services.
5.5 The Customer shall make available to P1M any appliances and/or utilities or otherwise to facilitate the provision of the Services.
5.6 P1M will use its reasonable efforts to supply the Services to the Customer but where P1M is unable to do so through no fault of its own P1M will notify the Customer as soon as reasonably practicable and P1M shall not be liable to the Customer for any failure to do so and the Price shall remain due in full
5.7 If the Customer unreasonably fails to permit P1M to commence performance of the Services and/or fails to give adequate instructions or information to permit commencement of the Services then without prejudice to any other rights of P1M it may:- (a) store any Goods until actual delivery and charge the Customer the reasonable costs (including transportation and insurance) of storage; or (b) Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the Price or charge the customer for any shortfall below the Price
5.8 Any time or date given for commencement of the Services is an estimate only and P1M’s liability (except as provided at clause 6.4 below) for any delay in commencement of performing any of its obligations in relation to the Services shall be limited to the excess (if any) of the cost to the Customer in the cheapest available market for similar services over the Price to replace those services not supplied.
5.9 P1M may perform the Services in stages. Each stage will be a separate Contract and each separate stage will be invoiced and paid for in accordance with the provisions of the Contract

6. WARRANTIES AND LIABILITIES:
6.1 Subject as otherwise stated in these Conditions P1M warrants that the Services will be performed with reasonable skill and care and in accordance with the Contract and P1M warrant that for a period of twelve [12] months from the Completion Date the Goods shall be free of all defects in workmanship
6.2 We warrant that the Goods will conform to the Contract specification
6.3 P1M shall be under no liability under any warranty condition or guarantee (express or implied) relating to the Services supplied if any defects arise from the Customer’s or its employees sub-contractors (or any other third party working for or under the direction of the Customer) misuse or treatment of the Goods without P1M’s prior approval or the faulty workmanship by the Customer
6.4 Any warranty given by P1M shall be subject to the following conditions:
(a) P1M shall be under no liability in respect of any defects in the Services and/or Goods arising from drawing design or specification supplied by the Customer
(b) P1M shall be under no liability in respect of any defects arising from fair wear and tear the Customer’s negligence wilful damage abnormal working conditions failure to follow P1M’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without P1M’s approval.
(c) P1M shall be under no liability under any warranty condition or guarantee if the Price and VAT has not been paid by the Due Date
(d) No warranty given by P1M extends to Goods not manufactured by P1M in respect of which the Customer shall only be entitled to benefit of any such warranty or guarantee as is given by the manufacturer to P1M
6.5 P1M shall not be liable for any defects injury loss or damage resulting from the Customer’s negligence or arising from lack of proper maintenance and improper use accidents unauthorised alterations or faulty workmanship on the part of others (excepting P1M’s employees sub-contractors or agents) except that nothing in these Conditions is intended to nor shall it limit any liability on P1M’s part in respect of death or personal injury caused by P1M’s negligence
6.6 P1M’s liability (except as provided above) for any delay in performing or any failure to perform any of its obligations in relation to the Services shall be limited to the excess (if any) of the cost to the Customer in the cheapest available market for similar services over the Price to replace those services not supplied
6.7 If either the Customer or P1M are in breach of the arrangements under this Contract neither of us will be responsible for any losses that the other suffers except those losses which are a foreseeable consequence of the breach
6.8 P1M will pass onto the Customer the full benefit of any manufacturer’s or supplier’s guarantee available in respect of any Goods supplied by a third party when providing the Services as may exist from time to time
6.9 P1M shall not be responsible for any defects in Goods and/or Services unless notified to it within a period of fourteen (14) days from completion of the Services.  If the Customer shall fail to give such notice then the Goods and/or Services shall be deemed to be in all respects in accordance with the Contract. If the Customer gives such notice, the Customer shall be responsible for P1M’s reasonable charges in connection with any inspection carried out by P1M at the Customer’s request following the report of any alleged defect by him/her except in circumstances where P1M are liable under any warranty or guarantee given by it. If on inspection P1M reasonably agrees that the Services are defective then P1M’s sole obligation arising under the warranties at clauses 6.1 and 6.2 above shall be to re-supply the Services as soon as possible and at a time convenient to the Customer and/or replace such Goods or the part in question free of charge or at P1M’s absolute discretion refund to the Customer the Price of the Goods or the proportionate part of those Goods in question.
6.10 Where the Customer is dealing as a consumer his/her statutory legal rights are not affected by these Conditions

7. ENDING THE CONTRACT:
7.1 Without prejudice to any other right or remedy available to P1M it shall be entitled to bring the Contract to an end or suspend performance under the Contract without any liability on its part to the Customer in the event that:
(a) the Customer makes any voluntary arrangement with his/her creditors or becomes subject to an administration order or (being an individual or a firm) becomes bankrupt or go into liquidation; or
(b) an encumbrancer takes possession or a receiver is appointed of any of the Customer’s property or assets; or
(c) the Customer is in non-remediable (as reasonably deemed by P1M) breach of any term or terms of these Conditions or P1M anticipates any such breach(es)
7.2 Except as provided at clause 7.3 the Customer shall not be entitled to bring the Contract to an end unless the Customer pays P1M in full in respect of any loss (including loss of profits or opportunity) costs (including the cost of transportation or any labour or materials) damages charges and expenses incurred by P1M.  If P1M cancels the Contract otherwise than provided in this Contract it must pay the Customer any foreseeable losses or costs he/her suffered because of the cancellation
7.3 NOTICE OF THE RIGHT TO CANCEL - WHICH MAY BE GIVEN TO P1M BY THE CUSTOMER
(a) The Customer shall be entitled to end the Contract for the provision of the Services within seven (7) calendar days of the date of receiving the ‘Notice of the Right to Cancel’ (“the Cancellation Period”) set out in full overleaf and forming part of these Conditions if the Customer gives written notice of cancellation to P1M preferably by completing and sending to P1M the ‘Customer Contract Cancellation Notice’ overleaf within this Cancellation Period. Full details of how to cancel are set out overleaf.
(b) P1M may choose not to supply the Services to the Customer within the Cancellation Period. The Customer acknowledges that he/she will be required to pay for the Services supplied if P1M have begun to perform the Contract with your prior written agreement before the end of the Cancellation Period

8. TITLE AND RISK:
8.1 As soon as P1M have delivered the Goods the Customer will be responsible for them.  If the Customer delays a delivery P1M’s responsibility for everything other than damage due to P1M’s negligence will end on the date P1M agrees to deliver them as set out in the Contract
8.2 Notwithstanding delivery and the passing of risk in the Goods or any provision of these Conditions property in the Goods shall not pass to the Customer until P1M receives in actual cleared funds payment in full of the Price and the price of all other goods agreed to be sold by P1M to the Customer for which payment is then due
8.3 Until such time as property in the Goods passes to the Customer P1M shall be entitled at any time to require the Customer to deliver up the Goods to P1M at the Customer’s expense unless P1M notify the Customer otherwise in writing

9. FORCE MAJEURE:
 Neither party shall be liable for any breach (other than relating to payment of the Price) of the Contract or any delay in performing any of its obligations in relation to the Services by reason of act of god war lock-out strike riot malicious damage labP1M disturbances trade disputes government action (including action by any local or statutory authority) fire flood storm drought tempest explosion acts of terrorism riot commotion national emergencies break down of plant or machinery or default of suppliers or sub-contractors or any other event whatsoever beyond P1M’s reasonable control

10. DATA PROTECTION:
Where the Customer places an order P1M may use the Customer’s personal details for reasons preparatory to and the reason of supplying Services (“Purpose”). P1M may retain the Customer’s details on its customer database and share those details with employees, agents or contractors for the Purpose. If the Customer volunteers his/her e-mail address to P1M then he/she is deemed to consent to receiving e-mails from P1M for the Purpose. Otherwise, P1M will not use the Customer’s details for other purposes without obtaining his/her consent as required by law

11. GENERAL:
11.1 P1M may perform any of its obligations or exercise any of its rights hereunder itself or through any of its employees or agents or sub-contractors
11.2 The headings in these Conditions are for convenience only and shall not affect their interpretation
11.3 No failure of P1M to exercise any power given to it or to insist upon the strict compliance by the Customer with any obligation hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of any of P1M's rights under this Agreement  
11.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part that wholly or partially invalid or unenforceable provision shall be deemed severed from these Conditions but the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby and shall continue in full force and effect
11.5 The Customer shall not assign dispose sub-contract or otherwise transfer any rights (including without limitation benefits) or obligations that it may have under the Contract to any third party without P1M’s prior written consent. After first notifying the Customer, P1M may assign dispose of sub-contract or otherwise transfer any rights that it may have under the Contract
11.6 Except as otherwise provided nothing in this Contract shall confer on any third party any benefit or the right to enforce any term of this Contract.
11.7 Any notice (other than a Quotation or Order Confirmation which may be emailed) given under these Conditions must be given in writing and delivered or sent by post or facsimile transmission to the residence or principal place of business of the party to whom it is addressed
11.8 The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of England and subject to the  non-exclusive jurisdiction of the English courts