WEBSITE TERMS AND CONDITIONS
- Introduction: Use of this website and the services provided via it (“pcmnigeria.com”) are conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with pcmnigeria.com. pcmnigeria.com is provided by PCMN at 18/24 Ajisegiri Street, Shogunle-Ladipo Oshodi, Lagos State, and its suppliers (“we”/”our”/”us”).
- Availability of this website: We will endeavour to ensure that pcmnigeria.com is available 24 hours per day without any interruptions. However, we reserve the right to make pcmnigeria.com unavailable at any time or to restrict access to parts or all of pcmnigeria.com without notice. pcmnigeria.com is a general information service. We will endeavour not to make it misleading, but we cannot represent that the information accessible on or via pcmnigeria.com is accurate, not-misleading, complete or up to date.
- Use of this website: Use of this website is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell pcmnigeria.com or any materials or information in pcmnigeria.com or the structure, overall style and program code of pcmnigeria.com without our consent. If you wish to make a request for consent, please contact firstname.lastname@example.org.
- Your Contributions: You agree to only use pcmnigeria.com for lawful purposes and that any information that you provide in connection with, or which forms part of, pcmnigeria.com will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via the pcmnigeria.com.
- Links: pcmnigeria.com includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. If you wish to link to pcmnigeria.com you may only do so at pcmnigeria.com. Details of our linking arrangements may be obtained from email@example.com.
- Intellectual property: pcmnigeria.com, its style and structure, and the materials and information on are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. The authors of the documents on pcmnigeria.com assert their moral rights. pcmnigeria.com and PCMN are registered trade marks of PCMN.
- Our Liability: Since a substantial part of pcmnigeria.com is both free and available to all, it is a condition that your use of pcmnigeria.com is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
- Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
- Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the pcmnigeria.com for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
- Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the pcmnigeria.com shall be limited. Notwithstanding any other provision of this User Agreement, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises and for liability arising from statements made fraudulently by us.
- Small Print: Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by South African law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the South African courts. Nothing in this User Agreement affects your statutory rights as a consumer.
- Complaints: If you believe that your intellectual property or other rights are being infringed by the pcmnigeria.com, or if you are dissatisfied with pcmnigeria.com or any aspect of our service, in the first instance please contact firstname.lastname@example.org or on +234 (0)1 342 9083
TERMS AND CONDITIONS OF SALE
DEFINITIONS AND SCOPE:
- As used herein, “PCMN” means Paints and Coatings Manufacturers Nigeria Limited (“the Company”)
- “Buyer” means the purchaser of Products from PCMN and “Products” means any and all goods sold by PCMN to Buyer. Unless a detailed Product Sales Agreement is in place between PCMN and Buyer covering the sale of the Products, all Products sold or otherwise provided by PCMN, are sold or provided exclusively on the basis of these Terms and Conditions of Sale. No differing or supplemental terms or conditions shall be applicable unless expressly agreed to by PCMN in writing.
- Any conditions in any order given by any Buyer which are inconsistent with these conditions are expressly revoked. Such conditions shall not be legally binding for PCMN unless they have been agreed to in writing by PCMN. The placing of an order and acceptance of Products delivered by PCMN shall constitute the Buyer’s agreement to our conditions.
- The quotation is valid for a period of thirty (30) days unless extended in writing.
- PCMN reserves the right to alter design and weight to be in conformity with technical progress.
- A quotation from PCMN does not constitute an offer but an invitation to Buyer to make an offer. In all cases, Buyer’s offer shall be deemed based on these Terms and Conditions of Sale. An agreement comes into effect only when PCMN accepts Buyer’s offer.
- Buyer undertakes to pay the price for the Products supplied by PCMN to Buyer, together with any other applicable fees or charges, within thirty (30) days after the date upon which the Buyer received them, unless an alternative agreement has been mutually determined in writing.
- Unless otherwise agreed by the Parties, the price for the Products will be the price quoted by PCMN. All prices quoted by PCMN are exclusive of value added tax and any other tax that may apply in respect of the Products.
- Any amounts not paid in accordance with invoiced terms shall bear interest at a rate of two (2%) per month or, if less, the highest rate permitted by applicable law.
- Buyer may not withhold payment of any amount due to PCMN because of any set-off, counter-claim, abatement or similar deduction. Upon demand, Buyer will immediately reimburse PCMN for any and all costs including fees for collection agencies and attorneys incurred or expended by PCMN to collect any amounts due from Buyer.
- All queries regarding Products supplied, invoicing and shortages must be advised to PCMN within seven (7) days after the date upon which Buyer received, noticed, or became aware of them.
- PCMN reserves the right to alter prices at any time without prior notification.
DELIVERY / TRANSFER OF RISK:
- Delivery terms shall be interpreted in accordance with the latest INCOTERMS valid at the date the order is accepted. Unless otherwise agreed to by PCMN in writing, the delivery term is EXW and risk of loss in the Products will transfer to Buyer upon tender of the Products to Buyer or the carrier at PCMN’s shipping facility. Buyer shall be responsible for all storage and other costs relating to Buyer’s failure to accept delivery pursuant hereto. The method and agency of transportation, unless otherwise agreed to in writing, may be selected by PCMN and PCMN assigns Buyer the duty to ship collect. PCMN’s receipt from the carrier shall be conclusive evidence of delivery and the amount delivered. Shipping and delivery dates are approximate and are given by PCMN in good faith, but are not guaranteed unless otherwise specifically agreed in writing.
- PCMN shall endeavour to keep the scheduled delivery dates. The delivery period commences with the acknowledgement of the order by PCMN. This however applies from that point of time when all the technical and commercial details of the sales have been clarified.
- If some clarifications are required, the delivery period commences from the date such clarifications are conclusively attended to by PCMN. For non-standard products, the delivery time will be informed with the order acknowledgement. Unless otherwise specified by the Buyer, part deliveries to be accepted by the Buyer.
- Buyer will pay for the quantity delivered and may not reject any delivery of Product on the grounds of variation of quantity where such variation is not more than 10% of the quantity ordered.
- No Products may be returned for any reason without PCMN’s written authorization. Tinted product and special orders may not be returned at any time.
- If PCMN authorizes a return, Buyer must return the Products in clean, resalable condition. If returned for reasons other than PCMN’s error in filling Buyer’s order, the Buyer will receive a credit in the amount of the billed price of the Products returned less 30% for handling, if returned within ninety (90) days of the invoice date. Amount of credit for materials returned after ninety (90) days is subject to negotiation. Products returned to PCMN are to be shipped by the Buyer to PCMN’s designated warehouse.
RESERVATION OF OWNERSHIP:
- The Products supplied shall remain the property of PCMN until all debts owed by the Buyer are settled in full including any balances existing from the business relationship with the Buyer irrespective of statutory source.
RETENTION OF TITLE:
- PCMN retains a security interest in all Products delivered to Buyer to secure payment in full of all amounts due to PCMN and Buyer shall, upon PCMN’s request, execute such documentation as PCMN deems necessary to perfect or maintain its security interest in the Products. Title to the Products passes to Buyer (subject to PCMN’s security interest) at the time risk of loss passes to Buyer. Buyer may sell the Products in the ordinary course of its business, but may not pledge, mortgage or otherwise encumber the Products prior to payment in full of the purchase price.
- Buyer hereby indemnifies PCMN and its employees, directors, contractors and agents against, and release PCMN and them from, any loss (including reasonable legal costs and expenses) or liability incurred by PCMN and/or them arising from any claim, demand, suit, action or proceeding by any person against PCMN and/or them where such loss or liability arose directly or indirectly from or in connection with any breach of these terms and conditions or from use of the Products unless such liability is directly caused by the negligence or default of the Party indemnified.
- Buyer (and Buyer’s Directors if Buyer is a a company) must not, and Buyer must take steps to ensure that its employees, agents and contractors do not, nor assist anyone else to:
- copy, memorise, reproduce, misappropriate or reverse engineer the whole or any part of the Products;
- challenge, contest or oppose any of PCMN intellectual property rights;
- use any name or logo associated with the Products other than as PCMN authorise;
- divulge PCMN’s confidential information to any person or use it for Buyer’s own benefit except as PCMN have expressly authorised or as required by law.
- Any specifications, details, statistics or performance figures PCMN may have given Buyer about the Products are only estimates and any deviation does not entitle Buyer to make any claim against PCMN. Any sample is provided only to indicate the general nature of the product, and PCMN does not warrant that Products supplied will correspond with any sample or with any previous or future Products supplied.
- Except as stated in any separate written warranty, PCMN may provide the Buyer with the Products or a Quote. Under no circumstance will PCMN have any liability to replace or repair defects in the Products where:
- the defects have not arisen solely from faulty materials or workmanship;
- the Products have received maltreatment, inattention or interference or have been used, applied, packaged or stored other than in accordance with PCMN instructions and recommendations;
- products not manufactured by or approved by PCMN have been used with the Products.
- Except as provided in these conditions, all express and implied warranties guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Products for any purpose or as to design, installation, materials or workmanship or otherwise are expressly excluded. PCMN is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the application, supply, installation or operation of the Products or arising out of its negligence or in any way whatsoever. PCMN data regarding the equipment supplied and its purpose of application, e.g., regarding dimensions, weights, hardness, values of utilisation, temperature, etc. represent solely descriptive material or technical data but are not characteristics which PCMN guarantee. They are non-committing guidance data and can be considered as assured, only in as much as they correspond to PCMN trial samples tested by a Buyer for the specific intended application and released for the latter. Minor deviations do not entitle to any warranty rights.
- If any condition or warranty is implied into this Agreement under the Nigerian Consumer Law or any equivalent State or Territory legislation and cannot be excluded, then our liability is limited to one or more of the following:
- in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired;
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
- PCMN warrants to Buyer that at the time of transfer of risk of loss, the Products conform to PCMN’s standard Product specifications or such other specifications as PCMN and Buyer have expressly agreed to in writing (the “Specifications”). This warranty is the sole warranty given by PCMN. PCMN makes no other warranties, express or implied, oral or written, with respect to the products, the application or use thereof, or otherwise, including the implied warranties of merchantability or fitness for a particular purpose or non-infringement, each of which is specifically disclaimed.
- In the event Products do not comply with the foregoing warranty, PCMN will, at its option, repair or replace such Products or refund the Price of the Products and, having done so, will have no further liability. Buyer must notify PCMN of any claim that Products do not comply with the foregoing warranty within seven (7) days after Buyer becomes aware of such claim but in no event later than thirty (30) days after delivery of the Product to Buyer. Buyer’s failure to notify PCMN of any such claim within the time set out in the preceding sentence will constitute a waiver by Buyer of such claim. PCMN makes no warranty of any kind with respect to any services provided to Buyer and shall have no liability with respect to such services. Seller’s Warranty does not apply to any Products identified as obsolete, substandard, or past the recommended shelf-life, which are sold “As Is, Where Is.”
CLAIMS FOR COMPENSATION FOR DAMAGES:
- Under no circumstances will PCMN accept penalties of any nature in case of delayed supply.
- PCMN shall not be liable for damages measured by loss of profit or product or consequential damages of any nature, resulting wholly or partly from PCMN delay, negligence, mistake, misrepresentation.
- PCMN will not be liable for any loss or damage caused by Buyer’s failure to exercise effective quality control or the failure to store, use or otherwise handle the Products as advised or in accordance with instructions provided by PCMN or industry standards. PCMN will not be liable to Buyer, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, loss of business, diminution in value, or depletion of goodwill or any indirect, incidental, special, exemplary, punitive, or consequential loss or damage. PCMN’s aggregate liability to Buyer in respect of all losses arising under or in connection with the supply of products will in no way exceed the price of the products purchased, or N10,000 whichever is lower.
HEALTH & SAFETY OF WORKERS:
- Buyer expressly assumes all liability resulting from, or in any way connected with, the possession, handling and/or use by its employees, agents, or clients of the Products. Buyer hereby agrees to indemnify, defend and hold PCMN and its affiliates harmless from all claims, judgments, losses or expenses and any costs (including, but not limited to court costs and attorney’s fees) in any way related to Buyer’s or its subcontractor’s failure to comply with any of the foregoing.
- PCMN will not be liable in any respect for failure to perform its obligations if hindered or prevented, directly or indirectly by war (declared or undeclared), national emergency, inadequate transportation facilities, machinery or equipment failure, PCMN’s inability to secure materials, supplies, fuel or power for the manufacture of Product on terms and conditions that are acceptable to PCMN, fire, flood, windstorm, pandemic or other act of God, strike, lockout or other labour dispute, order or act of any government, whether foreign, national or local, whether valid or invalid, or any other cause of like or different kind beyond the reasonable control of PCMN (each a “Force Majeure event”). PCMN shall have no obligation to procure any Products from other sources and may allocate its available supply of Products among the members of the PCMN Group (including itself) and their Buyers, distributors and resellers on whatever basis PCMN may deem fair and practical. In the event that the duration of a Force Majeure event exceeds thirty (30) days or is reasonably expected to exceed thirty (30) days, PCMN is entitled to withdraw from any obligation it may have to supply the Products to Buyer without the Buyer having any right to compensation.
- Buyer will not sell, export, re-export, license, transmit, divert or otherwise transfer, directly or indirectly, any Product or any information or technology related to the Product except in accordance with applicable laws and regulations, including without limitation applicable Nigerian export control laws and regulations and the laws and regulations of the country where Buyer is resident. Buyer acknowledges that it will (i) take all steps necessary to comply with the above laws and regulations, including obtaining export and other licenses if necessary and (ii) not take any actions that would cause PCMN to be in violation of the above laws.
- An agreement with Buyer to deliver Products on the basis of these Terms and Conditions will not oblige PCMN for the future to take further orders. PCMN will at all times be entitled to end the relationship. Such termination will never entitle Buyer to compensation.
- The law of the Federal Republic of Nigeria shall apply to the contractual relationship between PCMN and the Buyer to the exclusion of all agreements concerning the purchase of movables, in particular to the exclusion of the UN agreement relating to contracts regarding the international purchase of goods of 11.04.1980 (CISG).
- All notices, request, demands or other communications to or upon the Seller shall be made in writing to the following address:
- Paints and Coatings Manufactures Nigeria Limited. c/o, Legal Affairs, 18/24 Ajisegiri Street, Ladipo-Shogunle, Lagos, Nigeria.
- Tel: +234 (0)1 342 9083
- Email: email@example.com