PAT Testing Expert provides a range of services. This page details all of our terms and conditions. Some of the conditions apply only to specific parts of our business (eg sale of products over the internet) and so the terms and conditions are set into a number of different categories.
PLEASE NOTE that we supply professional goods and services to businesses - in other words we are a business to business (b2b) organisation. However, if we supply to an individual as a consumer, then the appropriate consumer regulations will apply.
We have tried to use plain English rather than complicated jargon to make the terms and conditions easy to understand, but please feel free to contact a member of our staff on 01482 827744 if you have any queries.
PAT Testing Expert is a trading style of Blue River Group (UK) Ltd
The Company: Blue River Group (UK) Ltd - A company registered
in England & Wales. Registered Office 113 Park Avenue,
HULL, HU5 3EX. Registered Number 06827736. For clarity,
the Company is sometimes referred to as 'We' in the
The Buyer / Customer: The purchaser of goods and services
from PAT Testing Expert (Blue River Group (UK) Ltd.)
General Conditions relating to all aspects of the Company's Business
These terms and conditions are subject only to UK law.
Except where the buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by Statute, Common Law or otherwise are excluded and the customer warrants that they are satisfied as to the suitability of the goods for the customer's purpose.
Except as may be implied by law where the buyer is dealing as a consumer, in event of any breach of these Conditions by the Company the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods or services in question and the Company shall under no circumstances be liable for any indirect, incidental or consequential damages.
All prices published by the Company are subject to VAT the prevailing rate. Errors & Omissions Excepted. Prices are subject to change without prior notice at the discretion of the Company.
The Company reserves the right to decline service to any company or consumer.
In the event that we do not receive payment for goods or services at the time of sale, we will, at our discretion, open a credit account for the customer. The cost of any goods or service provided to the customer will be debited from, and any monies received from the customer will be credited to this account, even if we do not notify the customer that such an account is in existence.
In the case of agreed credit account sales, payment is due no later than the agreed duration of credit from the date of invoice (usually 28 days). Any failure to pay shall entitle the Company at its discretion to treat the agreed credit account contract as repudiated by the Customer or to delay the delivery of any outstanding goods or services until paid (in addition to any other remedy). Also the Company reserves the right to charge interest at a rate 3% above Barclays Bank PLC's base rate on all aged invoices not settled within the agreed terms of the buyers credit account.
We reserve the right to alter the agreed status & payment terms of any buyers account without agreement from, or notice to, the buyer and to demand payment in full at any time.
The Company remains the owner of all goods shipped to the buyer until the Company has been paid in full.
If any payment due under these conditions is overdue in full or in part, we may, without prejudice to any of its other rights, recover and / or resell all the goods or any part of them and may enter the buyers premises (during normal opening hours) by it's servants or agents to recover the goods and the buyer shall be liable for all the Company's costs of so doing.
If any act or proceedings shall be commenced in which the customer's solvency is called into question (ie if the customer is suspected to be insolvent) all monies due under any transaction covered by these Conditions shall become immediately due and payable.
General Conditions Relating to Bookings on Our Training Courses
Spaces on each date are subject to availability, and are offered on a first-come, first-served basis. A contract exists between us once the booking is confirmed. For clarity, the point at which the booking is confirmed is when we process the booking and issue a booking confirmation.
Cancellations may be made up to 14 days prior to the event, subject to an admin fee of £45.00 plus VAT per person. The full fee is payable if cancellations are received less than 14 days prior to the event, or if you do not turn up on the day. If you make a booking but do not pay before the event, we may still provide a space for you, and therefore non-payment will not be regarded as cancellation and you will still be liable for the fee.
Substitutions can be made at any time, in other words if you are not able to attend you are welcome to send a colleague in your place.
If you wish to pay after the event, we will set up a credit account for you (subject to status) and invoice you after the course. We will make every effort to adhere to the advertised programme, but reserve the right to make changes that may be necessary due to circumstances beyond our control. The right is also reserved, without further liability, to cancel any or all of the dates, in which case fees paid will be returned in full.
We may offer a pre-payment discount or a discount which is valid in the event that payment is received within a certain time. We reserve the right to cancel such a discount in the event that payments are not received by the agreed date.
If we are booked to provide an in-house course, we may issue a contract or booking confirmation, but if we do not do so then a contract will still exist between us if the course is confirmed in writing (email confirmation will count as 'in writing') In this regard, the cancellation policy above will apply to an in-house course in the same way it will apply to a booking on one of our normal courses.
General Conditions Relating to Sales of Products (New and Used)
All products advertised are subject to availability.
The Company gives no assurance as to the mutual compatibility of products sold on any single invoice.
Products sold as new have not been sold to anyone before and are in immaculate condition. The product will never have been used, although may have been opened by us for the purposes of testing and calibration. It is our normal practice to test and calibrate all Portable Appliance Testers and to supply a calibration certificate.
These items may be second user, refurbished, demonstration equipment or discontinued stock. They may be missing manuals, cables, software and accessories. Packaging, if supplied, may not be in new condition. All items are tested working before dispatch.
Warranty / Guarantee
The Company offers a one year Return To Base Warranty on all new products. Second User items are sold with a 30-day warranty only. For information about our returns policy, see below.
Should any products carry a manufacturers extended warranty period it is the sole responsibility of the buyer to liaise directly with the manufacturer of the product for full details of the extended warranty agreement.
Delivery and Carriage
Whilst every effort shall be made to keep any agreed delivery date, time of delivery shall not be of the essence. The Company shall not be liable for any consequential loss incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any agreed delivery date.
Carriage fees are not included in any published prices. Carriage fees are updated periodically and are subject to change without notice. Carriage charges apply to Great Britain mainland only. Extra charges will be levied to residents of Northern Ireland, The Republic of Ireland, the Shetland Isles, The Isle of Man and all other offshore regions of the UK not mentioned herein.
Unless otherwise agreed the Company may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by the Company shall not entitle the buyer to cancel the remainder of the Contract.
Cost of carriage / postage of returned goods
Subject to the exceptions detailed below, It is the responsibility of the buyer to return and collect goods to / from the Company's premises. The company will pay for the postage / carriage if the goods are faulty, incorrectly dispatched, or damaged in transit (provided we are notified as detailed below.) Where the customer is returning products under the 'cooling off' period outlined below then the customer is responsible for the costs of carriage.
In the event that goods are returned to the company as faulty, but after inspection are found to be in working order, we reserve the right to ask the customer to pay for the carriage / postage.
Incorrectly Dispatched Goods
We will accept responsibility for incorrectly dispatched goods (ie goods not matching the specification displayed on the accompanying invoice) if notified to, and agreed by, the Company within 7 working days of receipt. We will pay the return postage of the incorrectly dispatched goods and the dispatch charges of the correct goods.
The Company does not accept any consequential loss to the customer during this period and offers no compensation for such.
Goods Damaged In Transit
Goods that are found to be physically damaged by the courier must be reported to the Company immediately. The maximum time allowed to report physical damage is 72 hours. After 72 hours, any claims of physical damage in transit will not be accepted for refund or replacement. It is the responsibility of the customer to inspect the goods on arrival and if the outer packaging is damaged in any way, or the damage to the goods is obvious without opening the packaging, this must be recorded as "damaged" on the delivery sheet with the courier. If the goods are not inspected immediately, then the goods must be recorded as "not inspected" on the delivery sheet with the courier.
Upon return of goods found to be faulty, the Company offers the following service:
If the goods are returned as faulty within 30 days of the date of sale:- To supply a working replacement of equal or better specification. We will usually supply a brand new replacement under these conditions but may repair the goods ourselves or return them to the manufacturer for repair if the fault is minor or can be repaired easily. For second hand goods returned as faulty we will replace with an equal or better item (which may not be new) or offer a refund.
If the goods are returned faulty more than 30 days of the date of sale (New Items Only):- To repair the goods ourselves or return them to the manufacturer for repair. Note that if we send the goods to the manufacturer for repair we have no control of the time taken for the repairs to be carried out. If the goods cannot be repaired economically, then a replacement of equal or better specification will be supplied.
If a replacement cannot be sent for whatever reason, a full refund will be given at the current market value of the item. If this value cannot be ascertained, then a refund will be given for the value of the nearest equivalent item.
The Company accepts no responsibility for any consequential loss caused to the buyer for the receiving of faulty goods.
The Company cannot accept any returned goods found to fall into one or more of the following categories:
- The goods have in some way been altered, modified or physically damaged by the buyer.
- The goods have been used for a purpose for which they were not intended.
- Any warranty label or calibration seal has been tampered with or damaged.
- The goods have not been sold to the customer by the Company.
- The goods are outside the 12-month warranty limit for new items or 30 days warranty limit for 2nd hand items.
Returning products under the Distance Selling Regulations (Cooling Off Period)
Where the buyer is dealing as a consumer, the following conditions relate to all mail order and E-commerce contracts, in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No. 2334)
The buyer is entitled to return the goods within 7 working days for a refund subject to the following:
- It is acceptable for the buyer to open the outer packaging and inspect the goods. It is not acceptable to break any calibration or warranty seal on the item itself, or the seal on any accompanying software.
- It is not acceptable for the goods to be used, except in such a case that the unsuitability of the product can only be determined by using it. It would be acceptable, for example, for a customer to take delivery of a pat tester, and discover on first use that it is not what he/she expected. It would not be acceptable, however, for the buyer to return it after 7 days having tested all his/her appliances.
- Any software that forms a part of the goods (driver and software disks) if unsealed by the buyer is exempt from the right to cancel and return the goods under the Distance Selling Regulations. However, if the goods are not as specified, not as advertised or faulty, then the buyer may still reject the goods under The Sales of Goods Act.
Equipment or goods constructed or modified to a customer's individual specifications are exempt from the right to cancel under the Distance Selling Regulations.
If the buyer properly rejects any of the goods in accordance with the Distance Selling Regulations within 7 working days in writing, the buyer shall nonetheless be responsible for the return cost of the goods.
If the returned goods received by the Company are not in a sellable 'as new' condition, then the Company reserves the right to charge a restocking fee.
Whether goods are returned in a sellable condition is to be judged by the Company.
Returning Non-faulty Products Sold from our Premises
Non-faulty items returned to our premises complete with packaging, manuals and software disks (with all software license seals intact) within 7 working days of purchase will qualify for a full refund. Goods must be sellable as new in order to qualify for a full refund. In the event that the goods are not in an 'as new' condition, then the Company reserves the right to charge a restocking fee.
Whether goods are returned in a sellable condition is to be judged by the Company.
Returning Non-Faulty Products Sold Elsewhere
In the event that a sales contract is made at a customer's premises, or any premise where we are engaged to carry out maintenance work, or any premise where we are holding a training event, exhibition or meeting, but not by mail-order or over the internet, then for the purposes of returning goods, that transaction will be deemed to have been carried out at the Company's premises. It will be the customer's responsibility to return products to the Company's premises if a refund or replacement is sought.
The Company shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications 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 sub-contractors, provided that the Customer is notified of such an event and its expected duration.
If you have any queries about anything to do with our terms and conditions, please do not hesitate to get in touch. Send an email to email@example.com or phone on 01482 827744. If you require a written copy of the terms and conditions we will be happy to post one to you.