Terms & Conditions

We do not sell Goods to consumers and these Terms and Conditions shall not apply to consumers

TERMS AND CONDITIONS OF SALE

1. DEFINITIONS
In these Terms of Sale, the following meanings shall apply:
"We" and "Us" means Saint-Gobain Building Distribution Limited Registered in England and Wales No 1647362 and trading as Platform Building Materials "You" means the person seeking to purchase Goods from Us.
"the Goods" means the goods or when the context permits services to be supplied by Us.
"Company Signatory" means a person authorised by Us.
"the Terms" means the terms set out in this document and any special terms agreed in writing between a Company Signatory and You.
"the Contract" means the contract for the supply of Goods incorporating these Terms. "the Defect" means the condition and/or any attribute of the Goods and/or any other circumstances which, but for the effect of these Terms would have entitled You to damages.

2. THE CONTRACT
2.1 All orders are accepted by Us only under these Terms and they may not be altered - other than with the written agreement of a Company Signatory. Any contrary or additional terms, unless so agreed, are excluded.
2.2 Quotations are invitations to treat only.
2.3 Orders may be cancelled only with the agreement of a Company Signatory and You will indemnify Us against all costs, claims, losses or expenses incurred as a result of that cancellation.
2.4 You shall be responsible to Us for ensuring the accuracy of the terms of any order including any applicable design drawing or specification provided to Us by You and for giving Us any necessary information relating to the Goods within a sufficient time to enable Us to perform the Contract in accordance with its Terms.
2.5 2.5.1 It is your responsibility to be fully conversant with the nature and performance of the Goods, including any harmful or hazardous effects their use may have.
2.5.2 Without prejudice to Clause 2.5.4 of these Terms while We take every precaution in the preparation of our catalogues, technical circulars, price lists and other literature, these documents are for your general guidance only and statements included in these documents (in the absence of fraud on our part) shall not constitute representations by Us and We shall not be bound by them.
2.5.3 If You require advice (including Health and Safety information) in relation to the Goods, a specific request for advice should be made and any advice given in writing by a Company Signatory in response to such a request shall amount to a representation and We shall be liable accordingly.
2.5.4 We shall not be liable in respect of any misrepresentation made by Us our employees or agents to You your employees or agents as to the condition of the Goods, their fitness for any purpose or as to quantity or measurements, unless the representation is:
2.5.4.1 made or confirmed in writing by a Company Signatory: and/or
2.5.4.2 fraudulent.
2.5.5 For the avoidance of doubt, our liability for damages for misrepresentation (other than fraudulent) is excluded or limited by Clause 8 of these Terms.

3. ACCESS
3.1 Access to our stores is strictly reserved for Building Tradesmen including General Contractors, business and professional persons overseeing or undertaking repair, maintenance or improvement work and have satisfied the criteria for membership. Access will only be permitted upon presentation of a valid Platform Trade Card and signatory check.
3.2 A Platform Trade Card will be issued to bona fide Building Tradesmen including General Contractors, business and professional persons overseeing or undertaking repair, maintenance or improvement work upon presentation of Proof of I.D. (Driving licence, Passport etc.) a recent utility bill and a recent trade purchase invoice.
3.3 A Platform Trade Card holder is permitted to bring up to 2 guests into the store at any one time.
3.4 Payment for products will not be accepted from guests.
3.5 If, as an employer you would like your employees to receive a Platform Trade Card, it is your responsibility to ensure the employee fulfils our access requirements. It is also your responsibility to advise Platform if the employee is no longer employed by your company, and as a result you are required to return the Trade Card.
3.6 The Platform Trade Card remains the property of Platform Building Materials and we reserve the right to cancel the card at any time.
3.7 No person under the age of 16 years will be allowed into the store.

4. PRICE
4.1 The price of the Goods and delivery shall be as published in our current catalogue (subject to the following clauses) at the date of delivery of the Goods. The price is exclusive of VAT which shall be due at the rate ruling on the date of the VAT invoice.
4.2 Prices listed or quoted are applicable to the quantity specified and on the information provided by You at the time of order. In the event of orders being placed for lesser quantities, or if there is any change in specifications, delivery dates, or delay is caused by your instructions or lack of instructions, We shall be entitled to adjust the price of the Goods as ordered to take account of the variations.
4.3 We shall have the option of supplying any Goods ordered by You in imperial measurements in the nearest equivalent metric measurements and the Goods may be charged in metric measure allowing for conversions.
4.4 Prices included in the Catalogue are valid for the duration of the Catalogue. The lifetime of the Catalogue is the last day of the month printed on the spine of the catalogue. A separate pricing list will be available in store for all Products listed in the catalogue with the reference RPG (Refer to Price Guide). This pricing list may be updated from time to time. Platform reserve the right to change the price of commodity products such as copper, lead, steel, timber or chemicals, or products affected by exchange rates or economic conditions without prior notice.
4.5 All pricing is correct at time of printing. We reserve the right to alter prices and information without prior notice.

5. PAYMENT
5.1 We will accept payment by Credit Card, Debit Card, cheque or cash.

6. PRICE GUARANTEE
6.1 If you find the same item of Goods that you have purchased cheaper and available in any trade or retail outlet (not mail order) within 20 miles of the store, within 28 days of purchase, We will, on production of your original invoice, and suitable proof (as We may decide and our decision shall be final) and availability of the cheaper item, match the price of the item.
6.2 Only one price match per customer in any one period of 30 days for any one item.
6.3 This guarantee may be withdrawn at anytime without notice.

7. STOCK GUARANTEE
7.1 We will discount you 10% of the selling price off any item of Goods appearing in the current edition of the Catalogue, that is not available at the time of your visit.
7.2 This discount is only available against the purchase of one unit of one item of Goods regardless of how many you would have purchased.
7.3 Only one payment per customer will be made in any one period of 30 days for any one unit of any one item of Goods.
7.4 Whilst We endeavour to fulfil the guarantee of availability of Goods featured within the Catalogue, We reserve the right to withdraw the Stock Guarantee for Goods that are unable to be supplied for circumstances out of our control.

8. DELIVERY
8.1 Delivery will be effected when the Goods leave our premises whether carried by Us or an independent carrier, or the premises of our suppliers when the Goods are delivered direct from suppliers.
8.2 Delivery dates are given in good faith, but are estimates only.
8.3 Time for delivery shall not be of the essence of the Contract.
8.4 For the avoidance of doubt, and without detracting from any other provisions of these Terms, We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt of any liability to any third party) resulting from any delay in delivery of the Goods, or failure to deliver the goods in a reasonable time - whether such delay or failure is caused by our negligence or otherwise howsoever.
8.5 We reserve the right to make delivery by instalments. Our failure to deliver any one or more instalments, shall not entitle you to treat the Contract as a whole repudiated. 8.6 You must provide the necessary labour for unloading the Goods - and unloading is to be completed with reasonable speed. If our delivery vehicle is kept waiting for an unreasonable time, or is obliged to return without completing delivery, or if We provide additional staff to unload Goods, an additional charge will be made.
8.7 You may collect Goods from Us during our trading hours. If they are not collected within 14 days from when We notify You that they are available, a storage charge will be payable before Goods are released. 8.8 If You fail to take delivery, accept or collect the Goods within the agreed time, in our discretion, We may make an additional charge, invoice You for the Goods, or treat the contract as repudiated and, in any case, recover our losses from You.
8.9 If you collect Goods from Us, You are solely responsible for the size weight and positioning of the load on your vehicle.
8.10 If the Goods are to be deposited other than on your private premises, You shall be responsible for compliance with all regulations, and for all steps which need to be taken for the protection at all times of persons or property.
8.11 We shall make a charge for packaging, including crate cases and pallets, which shall be credited if the crate cases or pallets are returned - carriage paid - in good condition and within seven days of delivery. Polythene sacks are not returnable.
8.12 You will indemnify Us in respect of all costs claims losses or expenses We may incur as a result of delivery in accordance with your instructions. This indemnity will be reduced in proportion to the extent that such costs claims or expenses are due to our negligence.
8.13 Where goods are to be unloaded onto the roadway or pavement, it is the customerís responsibility to ensure that any relevant permissions have been obtained.
8.14 Where goods are unloaded onto the customerís property, We or our contractors will not accept liability for any damage caused by placing heavy goods onto the area designated by the customer.
8.15 Unless advised otherwise We will not leave goods at a delivery address where there is no one available to accept and sign for them. In the event that We attend a property and there is no one available to accept them, We will administer another charge to effect the redelivery.
8.16 In the event of delivery to an unattended address a suitable area within the customers property must be cleared to accept the delivery. We accept no liability for any loss or damage to goods left unattended at any property upon the customerís request.

9. INSPECTION
9.1 You shall inspect the Goods at the place and time of unloading or collection, but nothing in these Terms shall require You to break packaging and/or unpack Goods which are intended to be stored before use.
9.2 9.2.1 You must advise Us by telephone immediately and give Us written notice within three working days of unloading of any claim for short delivery.
9.2.2 If You do not give Us that notice within that time, the Goods will be deemed to have been delivered in the quantities shown in the delivery documents.
9.2.3 You shall not be entitled, and you irrevocably and unconditionally waive any rights to reject the Goods or claim any damages whatsoever, for short delivery howsoever caused.
9.2.4 Our liability for short delivery is limited to making good the shortage.
9.3 9.3.1 Where it is, or would have been, apparent on a reasonable inspection that the Goods are not in conformity with the Contract or (where the Contract is a contract for sale by sample) that the bulk does not compare with the sample, You must advise Us by telephone immediately, and give Us written notice within three working days of inspection.
9.3.2 If You fail to give Us that notice within that time, the Goods will be deemed to have been accepted and You shall not be entitled, and irrevocably and unconditionally waive any rights to reject the Goods.
9.3.3 If You fail to give Us that notice within that time, Clause 8 shall have effect.

10. RETURNS
10.1 Goods not used can be returned to Us within 28 days of purchase, and provided they are in their original pack, unused, undamaged, within the Goods "use by" date and a copy of their original invoice is submitted, a refund, in accordance with the method of payment will be given. There may be a restocking fee. Please check with your local store for details.
10.2 Exclusions: Goods that have been subject to a special order or Goods cut to size and any perishable Goods may not be returned. This does not affect your statutory rights.

11. TITLE AND RISK
11.1 Risk in the Goods shall pass to You when the Goods are delivered.
11.2 The property in the Goods shall remain with Us until You pay all sums due to Us, whether in respect of this Contract or otherwise.
11.3 Until title passes:-
11.3.1 You shall hold the Goods as our fiduciary agent and bailee.
11.3.2 The Goods shall be stored separately from any other goods and You shall not interfere with any identification marks, labels, batch numbers or serial numbers on the Goods.
11.3.3 We agree that You may use, or agree to sell the Goods as principle and not as agents in the ordinary course of your business subject to the express condition that at our direction, the entire proceeds of any sale or insurance proceeds received in respect of the Goods are held in trust for Us and not mixed with any other monies, or paid into an overdrawn bank account and, it shall, at all times, be identifiable as our money.
11.4 We shall be entitled, at any time, to recover any or all of the Goods in your possession to which We have title and for that purpose, We our employees or agents may, with such transport as is necessary, enter upon any premises occupied by You, or to which You have access and where the Goods may be, or are believed to be, situated.

12. LIABILITIES
12.1 Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our personal negligence or our liability for fraudulent misrepresentation.
12.2 Subject to Clause 12 of these Terms, We shall not be liable by reason of any misrepresentation (unless fraudulent) or any breach of warranty condition or other term express or implied or any breach of duty (common law or statutory) or negligence for any damages whatsoever. Instead of liability in damages, We undertake liability under Clause 12.3 below.
12.3 Where but for the effect of Clause 12.2 of these Terms You would have been entitled to damages against Us, We shall not be liable to pay damages but subject to the conditions set out in Clause 12.4 below shall at our sole discretion, either repair the Goods at our own expense, or supply replacement Goods free of charge or refund all (or where appropriate part) of the price of the relevant Goods.
12.4 We shall not be liable under Clause 12.3:
12.4.1 if the Defect arises from wear and tear;
12.4.2 if the Defect arises from wilful damage, negligence, abnormal working conditions, misuse, alteration or repair of the Goods, failure to follow British Standard or industry instructions relevant to the Goods, or storage of the Goods in unsuitable conditions (but this sub-clause shall not apply to any act or omission on our part);
12.4.3 unless after discovery of the Defect We are given a reasonable opportunity to inspect the Goods before they are used, or in any way interfered with. For the avoidance of doubt, We acknowledge that the costs of suspending works are relevant to the determination of what is reasonable opportunity and this sub-clause shall not apply to any works affecting the Goods, which it may be reasonably necessary to carry out in the interests of safety and/or as emergency measures;
12.4.4 if the Defect would have been apparent on a reasonable inspection under Clause 9.1 of these Terms at the time of unloading, unless You advise Us by telephone immediately and written notice of any claim is given to Us within three working days of the time of unloading; or in any other case;
12.4.5 the Defect is discovered within four months from the date of delivery and We are given written notice of the Defect within three working days of it being discovered.
12.5 If the Goods are not manufactured by Us, or have been processed or milled by a third party - whether or not at your request - our liability, in respect of any defect in workmanship or materials of the Goods, will be limited to such rights against the manufacturer or the third party as We may have in respect of those Goods.
12.6 If the Goods are manufactured, processed or milled by Us to the design quantity measurement or specification of You or your agents then:
12.6.1 Subject to Clause 12.1 of these Terms, We shall not be under any liability for damages whatsoever. Or under Clause 12.3 of these Terms as the case may be except in the event of:
12.6.1.1 fraudulent misrepresentation
12.6.1.2 misrepresentation where the representation was made or confirmed in writing by a Company Signatory
12.6.1.3 non-compliance with such design quantity measurement or specification
12.6.1.4 breach of a written warranty signed by a Company Signatory that the Goods are fit for that purpose; or
12.6.1.5 a claim maintainable against Us pursuant to Clause 12.1 of these Terms
12.6.2 You will unconditionally, fully and effectively indemnify Us against all loss damages costs on an indemnity basis and expenses awarded against, or incurred, by Us in connection with, or paid, or agreed to be paid, by Us in settlement of any claim for infringement of any patents, copyright design, trademark, or any other industrial or intellectual property rights of any other person.
12.6.3 You will further unconditionally, fully and effectively indemnify Us against all loss damages costs on an indemnity basis and expenses awarded against, or incurred by Us in connection with, or paid, or agreed to be paid, by Us in settlement of any other claim arising from any such manufacturing processing or milling, including - but not limited to - any Defect in the Goods. This indemnity will be reduced in proportion to the extent that such loss damage costs and expenses are due to our negligence.
12.7 You will unconditionally, fully and effectively, indemnify Us against all loss damages costs on an indemnity basis and expenses awarded against, or incurred by Us in connection with, or paid, or agreed to be paid by Us in settlement of any claim by any third party arising from the supply or use of the Goods. This indemnity will be reduced in proportion; to the extent that such loss damage costs and expenses are due to our negligence.
12.8 Without prejudice to any other provisions in these Terms: in any event, our total liability for any one claim, or for the total of all claims arising from any one act of default on our part (whether arising from our negligence or otherwise), shall not exceed the purchase price of the goods which are the subject matter of any claim.

13. NON-PAYMENT/INSOLVENCY
13.1 "Insolvent" means You becoming unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986; the levying or the threat of execution or distress on any of your property; the appointment of a receiver or administrative receiver over all, or any part, of your property; a proposal for a voluntary arrangement or compromise between You and your creditors, whether pursuant to the Insolvency Act 1986 or otherwise; the passing of a resolution for voluntary winding-up, or summoning a meeting to pass such a resolution otherwise than for the purposes of a bona fide amalgamation or reconstruction, the presentation of a petition for your winding-up, or for an administration order in relation to You; if you suffer any analogous step or proceedings under foreign law or You are ceasing, or threatening to cease to carry on your business.
13.2 If You fail to pay the price for any Goods on the due date or fail to pay any sum due to Us under any contract on the due date or You become Insolvent or if You are a Limited Company or partnership and there is a material change in your constitution or You commit a material breach of this Contract and fail to remedy that breach, all sums outstanding between You and Us shall become immediately payable, and We shall be entitled to do any one or more of the following (without prejudice to any other right or remedy We may have):-
13.2.1 require payment in cleared funds in advance of further deliveries
13.2.2 cancel or suspend any further deliveries to You under any contract without liability on our part
13.2.3 without prejudice to the generality of Clause 11 of these Terms exercise any of our rights pursuant to that clause.
13.3 If We reasonably incur third party costs, such as tracing or debt collection agency costs, or seek to take legal proceedings to enforce our rights as a result of your breach of this Contract - including but not limited to - recovery of any sums due, You will reimburse Us such reasonable agency costs or legal costs incurred on an indemnity basis.

14. HILTI PRODUCTS
14.1 Hilti Products that are available at Hilti shops within any Platform Building Materials Store are sold by us as an agent for Hilti and are subject to Hiltiís terms and conditions.
14.2 For the avoidance of doubt Hilti products are excluded from the Clause 6 price guarantee and the Clause 7 stock guarantee.

15. GENERAL
15.1 This Contract shall be governed and interpreted according to the Law of England and Wales and You agree to submit to the non-exclusive jurisdiction of the English Courts.
15.2 We shall not be liable for any delay or failure to perform any of our obligations in relation to the Goods due to any cause beyond our reasonable control, including industrial action.
15.3 The waiver by Us of any breach or default of these Terms shall not be construed as a continued waiver of that breach, nor as a waiver of any subsequent breach of the same, or any other provision.
15.4 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable, the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.
15.5 We may assign novate, or sub contract all or part of this Contract and You shall be deemed to consent to any novation. This Contract is personal to You and it may not be assigned.
15.6 Nothing in this Contract is intended to, or will grant any right, to any third party to enforce any terms of this Contract, be it express or implied.