Terms of Use

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Reliance On Information Posted and Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such. We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.


Information about us

www.primagroup.co.uk is a site operated by Prima Electronic Services Ltd; we are a company registered in England and Wales under registration number 2247539. Our registered office is 4 Harding Way, St Ives, Cambridgeshire, PE19 5EG. Our VAT number is GB638593203.


Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.


Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.


Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.


Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.


Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.


Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


Trade marks

Prima Electronics Services Ltd is a UK registered trade mark of Prima Electronic Services Ltd.


Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.


Your concerns

If you have any concerns about material which appears on our site, please contact enquiries@primagroup.co.uk. Thank you for visiting our site.

Terms and Conditions of Sale

1.            DEFINITIONS

(a)          "The Company" shall mean Prima Electronic Services Limited.

(b)          "The Customer" shall mean the purchaser of the Goods.

(c)          "The Quotation" shall mean any quotation or tender for the supply of the Goods.

(d)          "The Goods" shall mean all goods and services embodied in the Order.

(e)          "The Order" shall mean the Customer's offer to purchase the Goods on the Conditions.

(f)          "The Conditions" shall mean the terms and conditions contained herein.

(g)          "The Contract" shall mean the Company's written acceptance of the Order.

(h)          "The Customer Supplied Items" shall mean all instructions information piece parts or equipment which are necessarily supplied by the Customer for the initial or ongoing execution of the Order.

(i)          "Delivery" shall be ex-works.

2.            GENERAL

2.1         In the event of inconsistency between the Conditions and those of the Customer or any other party the Conditions will prevail.

2.2       Any variation in the Conditions shall be made in writing and signed by an authorised officer of both parties.

2.3        Any forbearance shown by either party in respect of any of the Conditions shall not be a waiver of any rights under the Conditions.

2.4        The Customer shall not assign the Contract or any rights thereunder without the written consent of the Company.

2.5        The headings in the Conditions are for convenience only and shall not affect the construction thereof.

3.            CONFIDENTIALITY

3.1         The Company shall keep confidential any information supplied or disclosed by the Customer and the Company shall not disclose any such information to any third party without the written permission of the Customer except insofar as this is strictly necessary for preparation of any Quotation or execution of any Order.

3.2         The Customer shall keep confidential any information supplied or disclosed by the Company and the Customer shall not disclose any such information to any third party without the written permission of the Company except insofar as this is strictly necessary for execution of any Order.

4.            SALES LITERATURE

Whilst every effort is made to ensure that technical specifications, drawings, etc. are accurate the Company shall not be liable for the consequences of any errors or omissions therein.

5.            DURATION OF QUOTATIONS

The Company reserves the right to withdraw or cancel any Quotation without notice at any time prior to an appropriate Order being received and accepted in writing by the Company and Quotations shall be deemed to be withdrawn if no such Order is received within 30 days of the date of the Quotation or such different period as is stated in the Quotation.

6.            ORDER ACCEPTANCE

The Order must be in writing and must be accompanied by sufficient Customer Supplied Items for the Company to proceed with execution of the Order in default of which the Company shall be at liberty to amend the Quotation price to cover any increase in cost which has occurred between the Order date and the provision of the Customer Supplied Items. The Company reserves the right at any time by notice in writing to the Customer to cancel any Contract for the supply of Goods in the event of the Customer failing to provide sufficient Customer Supplied Items for the initial or ongoing execution of the Order. Acceptance of the order shall be made in writing to the Customer.

7.            PRICE VARIATION

The Company reserves the right to vary the price for the Goods to take account of any increase in cost incurred in or resulting from any modification to the order at the Customer's request or from any modification or delay caused by the Customer Supplied Items or from non-provision of the Customer Supplied Items. In addition, if there are any significant cost increases between order placement with Prima and Prima ordering of all electronic components, this cost escalation will be borne by the customer.

8.            INVOICING DATES

If a delay in production of the Goods results from any modification to the Order at the Customer's request or from any modification or delay caused by the Customer Supplied Items or from non-provision of the Customer Supplied Items then the Company reserves the right to invoice the value of work done to that point on the same date as if no delay had occurred.

9.            LIABILITY FOR DELAY

Any times quoted for Delivery of all or any part of the Goods are from the date of the Company's written acceptance of the Order and are estimates only and are not of the essence. The time for Delivery shall be extended by a reasonable period if a delay in Delivery is caused by the Customer or by industrial dispute or by any cause beyond the reasonable control of the Company. The Company shall not be responsible for the consequences of any delay.

10.         CANCELLATION

Once accepted by the Company an Order cannot be cancelled by the Customer or reduced in value except upon terms which indemnify the Company against any actual or anticipated loss including resultant loss for under utilised capacity.

11.         HEALTH AND SAFETY

11.1       The Company hereby gives notice that it has available information or product literature concerning health and safety aspects of such materials as are specified by the Company and used in the manufacture of the Goods when used in the manner for which they have been designed and tested. Unless the Customer requests such information prior to the Company accepting the Order in writing it will be assumed that the necessary data are already in the Customer's possession and that the information and advice available from the Company is not required.

11.2       Where the Customer specifies processes or supplies components or other items for use in manufacture of the Goods it shall ensure that sufficient information on the health and safety aspects of such products is made available to the Company to enable their use in a manner which minimises any associated risks and hazardous consequences.

11.3       The Customer shall be solely responsible for and shall keep the Company indemnified against any loss, liability or expense arising from use of the Goods other than in accordance with the Company's operating instructions or (where no such instructions exist) in a manner which could not reasonably be considered acceptably safe and with minimum risk.

12.         INSPECTION AND TEST

If inspection and/or tests other than those specified in the Quotation are required by the Customer these will be charged to the Customer. If inspection and/or testing in the presence of a Customer representative is required by the Customer, then the Customer will be informed when the Goods are ready for inspection and/or testing. If the Customer representative does not attend within 7 days, then the inspection and/or testing will proceed and shall be deemed to have taken place with the Customer representative present.

13.         PERFORMANCE

The Company will accept no liability for failure to attain any performance figures claimed by it unless it has specifically guaranteed them. Before the Customer becomes entitled to reject the Goods the Company shall be given reasonable time and opportunity for rectification of performance. If the Customer becomes entitled to reject the Goods the Company will repay to the Customer any sum paid to the Company on account of the Contract price but that shall be the limit of the Company's liability and the Company shall not be liable for the consequences of any failure to perform.

14.         STORAGE

The Company will notify the Customer of Delivery. If after 7 days the goods have not been collected by the Customer or its agent the Company shall be entitled to arrange insurance and storage either at its own works or elsewhere on behalf of the Customer and the Customer shall pay the Company its reasonable charge for this insurance and storage.

15.         RISK

Delivery of the Goods is ex-works and risk in the Goods shall pass to the customer at Delivery notwithstanding that title does not pass to the customer until full payment for the Goods is received by the Company.

16.         CONSEQUENTIAL LOSS OR DAMAGE

Save as herein expressly provided the Company shall not be liable for any loss or damage direct of consequential whether in contract tort or otherwise of whatsoever nature or to whomsoever or whatsoever caused arising out of or through the use of any Goods supplied by the Company. The Customer shall indemnify the Company against all claims made against the Company by any third party in respect thereof.

17.         INFRINGEMENT OF COPYRIGHT, PATENT, ETC.

In the event of it coming to the notice of the Company that any work done on any Goods specified in the Order infringes or is alleged to infringe any patent registered design copyright or any other rights in the Goods then the Company shall have the right to cease work on the Order or to be bound by the Conditions and shall retain title to the Goods and the Customer shall indemnify the Company against all claims that might be made against the Company for such infringement or alleged infringement or for royalties and against all costs expenses and other payments arising therefrom and the Customer shall pay the Company the value of that part of the work done on the Order prior to cessation.

18.         PRICE AND PAYMENT

18.1       Prices in Quotations are exclusive of Value Added Tax and this will be added to the invoice price where appropriate.

18.2       For a Customer with a credit account payment in full without discount of the invoiced price is due at the end of the month following the invoice date, or as separately agreed in writing with the Customer. For all credit accounts, unless a formal query is raised in writing concerning a particular charge or invoice, all payments from the Customer will be treated as payments on account and allocated to oldest outstanding charges first. For a Customer without a credit account payment in full without discount of the invoiced price is due as separately agreed in writing with the Customer. Time is of the essence in payment of invoices and if payment is overdue the Company reserves the right to suspend Deliveries and/or to suspend ongoing work and/or cancel the Contract and/or charge interest on overdue amounts at the rate 5% per annum over the Base Lending Rate of Barclays Bank PLC.

19.         TITLE

The Customer agrees that prior to full payment being made the Company may at any time repossess the Goods and enter upon the Customer's premises and remove the Goods therefrom (and dispose of the same in any manner which the Company may decide) in the event that either the Customer does not pay any sums due to the Company by their due date, or becomes insolvent within the meaning of section 123 of the Insolvency Act 1986 or is otherwise unable to pay its debts, and prior to such payment title shall not pass to the Customer and the Customer shall keep such Goods as fiduciary agent of the Company.

20.         WARRANTY

20.1       The Company will at its discretion replace or repair free of charge any of the goods found to its satisfaction to be defective by reason of faulty materials or workmanship provided the Goods are returned to the Company carriage paid immediately the Customer becomes aware of the defect and in any event no later than 1 (one) year after Delivery and provided further that the Goods have not been incorporated into a larger product and provided that the Goods have not been tested, used, stored or maintained in a manner or for a purpose other than that for which they were specified, designed and tested, and provided further that the defect does not arise from Customer Supplied Items.

20.2       In the case of Goods or their components or other parts not manufactured by the Company its liability shall in no circumstances extend beyond the liability to the Company of the manufacturer of such Goods components or other parts.

20.3       Where the Company has reason to believe that the storing testing or usage applied by the Customer or his agent or customer may be giving rise to defects and rejection by the Customer, the Customer shall afford the Company's personnel reasonable access to the workplace in the premises in which the storage testing or usage is occurring in order to assist in the assessment of liability in a fair and reasonable manner and to permit suitable corrective action by both parties as appropriate.

20.4       For Goods returned hereunder and found not to be defective or if the defect is found to be the responsibility of the Customer the Goods will be returned to the Customer and the Customer will pay the Company's reasonable handling and testing charge.

20.5       The Company's obligation to repair or replace the Goods is the sole liability of the Company (except in the case of death or personal injury caused by negligence within the meaning of Section I of the Unfair Contract Terms Act 1977) and all other representations warranties conditions terms and statements express or implied statutory or otherwise are hereby excluded.

20.6       Having regard to the ability of the Customer to obtain insurance cover in respect of the Goods the liability of the Company shall in any event be limited to the invoiced price of the Goods.

The supplier shall grant right of access to the client, their customer, and regulatory authorities to the applicable areas of facilities and to applicable documented information, at any level of the supply chain; and ensure that the supplier(s) are aware of their contribution to product or service conformity; their contribution to product safety; and the importance of ethical behaviour.

21.         TYPE APPROVAL

Any formal Type Approval applicable to the Goods is the sole responsibility of the Customer.

22.         FORCE MAJEURE

22.1       The Company shall have the right to cancel or delay Delivery or to reduce the quantity delivered if it is prevented from or hindered in or delayed in Delivery of the Goods through any circumstances beyond its reasonable control including but not limited to strikes lock-outs labour disputes armed conflict civil disturbance riot fires floods acts of God acts of Government or currency restrictions.

22.2       In the event of a manufacturing sector shutdown, work from home order, or other similar event, the Company will make all reasonable efforts to accept new, and complete existing, orders in support of the Customer’s commitment to the medical and defence sectors.

23.         DEFAULT

If the Customer shall commit any breach of the Contract or be or become insolvent or unable to pay its debts or commit any act of bankruptcy or (being a limited company) go into liquidation other than a voluntary liquidation for the purpose of amalgamation or reconstruction only or have a receiver appointed of its undertakings or assets or a substantial part thereof or have any execution levied upon its goods or assets the Company may without notice terminate the Contract or the unfulfilled part thereof without prejudice to any other right or remedy which the Company may lawfully enforce or exercise.

24.         LAW

The Conditions and the Contract shall be governed by English Law.

Conditions of Purchase for Goods and Services

No terms or conditions submitted at any time by the Supplier shall form any part of the Contract. In the event of a conflict between any of these Conditions and any specific term or condition (whether in the Contract or otherwise) referred to in the Purchase Order, the latter shall prevail.

1.            DEFINITIONS

1.1          In these Conditions:

(a) "Contract" means the contract between the Purchaser and the Supplier consisting of the Purchase Order, these Conditions, and any other documents (or parts thereof) specified in the Purchase Order;

(b) "Delivery Date" means the date on which the Goods are to be delivered to the Purchaser, as specified in the Purchase Order;

(c) "Goods" means any such goods supplied to the Purchaser by the Supplier pursuant to or in connection with the Purchase Order;

(d) "Price" means the price of the Goods as specified in the Purchase Order;

(e) "Purchaser" means the Buyer;

(f) "Purchase Order” means the document setting out the Purchaser's requirements for the Contract;

(g) "Supplier" means the person, firm or company who is the supplier of the Goods named in the Purchase Order;

(h) “Client” means Purchaser;

(i) “Contractor” means Supplier;

(j) "Services" means any such service supplied to the Purchaser by the Supplier pursuant to or in connection with the Purchase Order.

1.2         The headings in these conditions are for convenience only and shall not affect its construction or interpretation.

2.            VARIATION

2.1         These Conditions may only be varied with the written agreement of the Purchaser.

2.2       The Purchaser reserves the right by reasonable notice to the Supplier to vary the Goods detailed in the Purchase Order and any alteration to the Price or delivery date arising by reason of such modification shall be agreed between the parties and evidenced in writing.

2.3        The Contract shall become binding, and these Conditions shall be deemed to have been accepted by the Supplier on the acceptance of the Purchase Order by the Supplier (either verbally or in writing) or on delivery of the Goods, whichever is the earlier.


 

3.            GOODS and SERVICES

3.1         The Supplier warrants and represents to the Purchaser that the Goods and/or Services shall:

3.1.1      Conform in all respects with any particularities or specification specified in the Purchase Order including any variations;

3.1.2      Conform in all respects with the requirements of any statutes, orders, regulations, or by-laws from time to time in force;

3.1.3      Be of satisfactory quality and free from defects in materials and workmanship; and

3.1.4    Be fit and sufficient for the purpose for which such goods and/or services are ordinarily used and for any particular purpose made known to the Supplier by the Purchaser and the Purchaser relies on the skill and judgement of the Supplier in the supply of the Goods and/or Services and the execution of the Purchase Order.

4.            COUNTERFEIT PARTS – ELECTRONIC COMPONENTS/SERVICES

4.1        Suppliers may only purchase electrical component and parts procured directly from the Original Component manufacturer (OCMs), the Original Equipment Manufacturer (OEMs), or through the OCM/OEM’s authorised distribution chain unless first approved in writing by Prima Electronic Services Ltd. through the submission and approval of a deviation / waiver. Any use of Non-Franchised Distributors (Brokers) or other sources is not authorised, unless first approved in writing by the submission and approval of a Prima Electronic Services Ltd. deviation / waiver.

4.2      Unauthorised material substitutions are not permitted. Unauthorised material substitution includes any deviation from the design drawing, applicable specifications, product specification, form, size, shape, chemistry, melt method, origin, temper / condition, product testing or surface finish. Material substitutions shall be approved by Prima Electronic Services Ltd. prior to being shipped.

5.            PRICE

5.1         The Supplier shall not increase the Price unless it is validly accepted by the Purchaser and agreed in writing before the execution of the Purchase Order.

5.2         Unless expressly agreed otherwise between the parties in writing, the Price shall be inclusive of all delivery and insurance costs, VAT and any other applicable sales taxes, duties, or levies.

5.3         Unless otherwise agreed in writing by the Purchaser, the Supplier shall render a separate invoice in respect of each consignment of the Goods delivered under the Purchase Order.  The Purchaser undertakes to pay correctly submitted invoices within 30 days of receipt from the day of physical or electronic arrival at the nominated address of the Purchaser. Invoices shall not be rendered by the Supplier until completion of delivery of all the Goods which are the subject of the Purchase Order or of the consignment (as appropriate).

5.4          A valid invoice is one that is:

(a) Delivered in time in accordance with the contract;

(b) That is for the correct sum;

(c) In respect of goods / services supplied or delivered to the required quality (or are expected to be at the required quality);

(d) Which quote the relevant purchase order / contract reference where used;

(e) Which has been delivered to the nominated address.

5.5         The Purchaser specifically reserves the right to withhold or deduct by way of set-off or otherwise from any monies due or to become due to the Supplier any monies due to the Purchaser from the Supplier.

5.6         The Purchaser shall not be liable for any orders or amendments to orders other than those issued or confirmed on the official Purchase Order and shall not be responsible for the payment of the Price for Goods supplied in excess of those required by the Purchase Order.

5.7         No payment of or on account of the Price shall constitute any admission by the Purchaser as to proper performance by the Supplier of its obligations under the Contract.

6.            DELIVERY

6.1         The Goods shall be delivered to the place named on, and in accordance with, the Purchase Order. Delivery shall be completed when the Goods have been unloaded at the point of delivery specified in the Purchase Order and delivery has been accepted by the Purchaser or its authorised representative. Any access to premises and any labour and equipment that may be provided by the Purchaser in connection with delivery shall be provided without acceptance by the Purchaser of any liability whatsoever or howsoever arising and the Supplier shall indemnify and keep indemnified the Purchaser and the Crown in respect of any actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage or injury (including death) occurring in the course of delivery or installation to the extent that any such damage or injury is attributable to any act, omission or negligence of the Supplier or any of its sub-contractors.

6.2         Where any access to the premises is necessary in connection with delivery or installation, the Supplier and its sub-contractors shall at all times comply with the reasonable requirements of the Purchaser's Head of Security or other authorised representative.

6.3         The time of delivery shall be of the essence for the purposes of the Contract and failure to deliver by the Delivery Date shall enable the Purchaser (at its option) to release itself from any obligation to accept and pay for the Goods and/or to cancel all or part of the Goods under the Purchase Order, in either case without prejudice to its other rights and remedies.

6.4         The Supplier's failure to effect delivery on the Delivery Date specified shall entitle the Purchaser to purchase substitute Goods and to hold the Supplier accountable for any and all loss and/or additional costs incurred as a result of such failure.

6.5         Failure by the Purchaser to exercise its options under Conditions 6.3 and/or 6.4 in respect of any part of a Purchase Order shall not be deemed to constitute a waiver with respect to any subsequent part of that Purchase Order.

6.6         If Goods are delivered before the Delivery Date, the Purchaser shall be entitled to its sole discretion to refuse to take delivery or to charge for insurance and storage of the Goods until the Delivery Date.

6.7         Unless otherwise stated in the Purchase Order, the Supplier is responsible for obtaining the cost of all the export and import licences for the Goods, and in the case of the Goods supplied from outside the UK, the Supplier shall ensure that accurate information is provided to the Purchaser as to the country of origin and the Supplier shall be liable for additional duties or taxes should the country of origin prove to be different to the one stated.

7.            OWNERSHIP AND RISK

Ownership and risk in the Goods shall - without prejudice to any of the rights or remedies of the Purchaser (including the Purchaser's rights and remedies under Condition 8 below) - pass to the Purchaser on delivery.

8.            DAMAGE IN TRANSIT

8.1         On despatch of any consignment of the Goods, the Supplier shall send to the Purchaser at the address for delivery of the Goods an advice note specifying the means of transport, the place and date of despatch, the number of packages and their weight and volume.

8.2         The Supplier shall, free of charge and as quickly as possible, either issue a credit, repair or replace (as the Purchaser shall elect in its sole discretion) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that:

8.2.1      In the case of damage to such Goods in transit the Purchaser shall within thirty (30) days of delivery give notice to the Supplier that the Goods have been damaged; and

8.2.2      In the case of non-delivery the Purchaser shall (provided that the Purchaser has been advised of the despatch of the Goods) within ten (10) days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered.

9.            INSPECTION, REJECTION AND GUARANTEE

9.1      Nothing contained in these Conditions shall in any way detract from the Supplier's obligations under common law or statute or any express warranty or condition contained in the Purchase Order.

9.2      The Supplier shall permit the Purchaser or its authorised representatives to make any inspections or tests it may reasonably require in relation to the Goods and the Supplier shall afford all reasonable facilities and assistance free of charge at the Purchaser's premises. The Supplier shall make good any defects or deficiencies in the event of any failure (in the sole opinion of the Purchaser) to comply with the terms of the Purchase Order or the Contract. No failure to make a complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser of any rights or remedies in respect of the Goods.

9.3       The Purchaser may by written notice to the Supplier reject any of the Goods which fail to meet the requirements in the Contract.  Such notice shall be given within a reasonable time after delivery to the Purchaser of the relevant goods. If the Purchaser rejects any of the Goods pursuant to this Condition 9.3, the Supplier shall at the Purchaser's sole option (without prejudice to its other rights and remedies) either:

9.3.1      Refund to the Purchaser the Price in respect of the defective Goods, or

9.3.2      Repair the defective Goods as quickly as possible or (as the Purchaser shall elect in its sole discretion) replace the defective Goods with Goods which comply in all respects with the requirements under the Contract.

9.4    The Supplier shall guarantee the Goods for a period of twelve (12) months from installation or eighteen (18) months from delivery, whichever shall be the shorter (subject to any alternative guarantee arrangements agreed in writing between the Purchaser and the Supplier).  If the Purchaser shall, within such guarantee period or within thirty (30) days thereafter, give notice in writing to the Supplier of any defect in any of the Goods that have arisen during the guarantee period under proper and normal use, the Supplier shall (without prejudice to any of the Purchaser's other rights and remedies) as quickly as possible remedy such defects (whether by repair or replacement as the Purchaser shall elect in its sole discretion) without cost to the Purchaser.

9.5        Any Goods rejected or returned by the Purchaser pursuant to this Condition 8 shall be returned to the Supplier at the Supplier's risk and expense.

10.         LABELLING AND PACKAGING

10.1       The Goods shall be packed and marked in a proper manner and in accordance with the Purchaser's instructions and any statutory requirements and any requirements of the carriers.  In particular the Goods shall be marked with the Order Number, the net, gross and the weights, details of the contents shall be clearly marked on each container and all containers of hazardous goods (and all relating documents) shall bear prominent and adequate warnings.  The Supplier shall indemnify and keep indemnified the Purchaser and/or the Crown (as appropriate) against all actions, suits, claims, demands, losses, charges, costs, and expenses (including legal expenses and disbursements) which the Purchaser or the Crown (as appropriate) may suffer or incur as a result of or in connection with any breach of this Condition 10.1.

10.2       All packaging materials will be considered non-returnable and will be destroyed unless the Supplier's advice note states that such materials will be charged for unless returned.  The Purchaser accepts no liability in respect of the non-arrival at the Supplier's premises of empty packages returned by the Purchaser.

11.         INTELLECTUAL PROPERTY

11.1       Except to the extent that the Goods are supplied in accordance with designs provided by the Purchaser, it shall be a condition of the Purchase Order that none of the Goods will infringe any patent, trade mark, design right (whether registered or not), copyright or any other right in the nature of intellectual property of any third party and the Supplier shall indemnify and keep indemnified the Purchaser against all actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the Purchaser or the Crown (as appropriate) may suffer or incur as a result of or in connection with any breach of this Condition

11.2       All materials, equipment, software, inventions, specifications, instructions, plans or any form of intellectual property right in any of the foregoing ("Intellectual Property"):

11.2.1   Furnished to or made available to the Supplier by the Purchaser pursuant to the Purchase Order are hereby assigned to and shall remain vested solely in the Purchaser; and

11.2.2   The Supplier shall not (except to the extent necessary for the implementation of the Purchase Order) without prior written consent of the Purchaser, use or disclose any such Intellectual Property or any information (whether or not relevant to the Contract) which the Supplier may obtain pursuant to the Contract and in particular (but without prejudice to the generality of the foregoing) the Supplier shall not refer to the Purchaser or the Contract in any advertisement without the Purchaser's prior written agreement.

12.         HEALTH AND SAFETY

12.1       The Supplier represents and warrants to the Purchaser that the Supplier has satisfied itself that:

12.1.1   All necessary tests and examinations have been made or will be made prior to delivery of the Goods to ensure that the Goods are designed, manufactured, supplied and installed so as to be safe and without risk to the health or safety of persons using the same; and

12.1.2   That it has made available to the Purchaser adequate information about the use for which the Goods have been designed and have been tested and about any conditions necessary to ensure that when put to use the Goods will be safe and without risk to health.

12.2       In any event, the Supplier will comply with the duties imposed on it by the Health & Safety at Work etc. Act 1974 or any amendment thereto and of all other statutory provisions, rules, and regulations so far as they are applicable.  The Supplier shall indemnify and keep indemnified the Purchaser against any and all actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the Purchaser may suffer or incur as a result of or in connection with any breach of this Condition 12.

13.         INDEMNITY AND INSURANCE

13.1       Without prejudice to any rights or remedies of the Purchaser (including the Purchaser's rights and remedies under Condition 9 above) the Supplier shall indemnify and keep indemnified the Purchaser against any and all actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the Purchaser may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (including death) to any person which may result directly or indirectly from any defect in the Goods or the negligence, acts or omissions of the Supplier or any of its employees, agents or sub-contractors.

13.2       The Supplier shall take out and maintain with a reputable insurance company a policy or policies of insurance that are normal for contracts of this nature and covering all the matters which are the subject of indemnities under these Conditions.

13.3       The Supplier shall at the request of the Purchaser produce the relevant policy or policies together with receipts or other evidence of payment of the latest premium.

13.4       The Supplier shall be liable under the provisions of the Contract (including Condition 13.1) whether or not it complies with the insurance provisions in this Condition 13.

13.5       Nothing in these Conditions or the Contract shall exclude or limit the liability of either party for death or personal injury caused by its negligence or for fraudulent misrepresentation.

14.         CONFIDENTIALITY

14.1       The Supplier shall procure that its staff shall keep secret and do not disclose any information of a confidential nature or designated as subject to the Official Secrets Acts 1911 to 1989, obtained by reason of the Contract except information which is in the public domain otherwise than as required to be by reason of a breach of this Condition 14 or disclosed by law.

14.2      The provisions of this Condition 14 shall apply during the continuance of the Contract and after its termination howsoever arising without limitation in time.

14.3       The Client may, at its sole discretion, redact information from the Contract prior to publishing for one or more of the following reasons:

(a) National security;

(b) Personal data;

(c) Information protected by intellectual property law;

(d) Information which is not in the public interest to disclose;

(e) Third party confidential information;

(f) IT security; or

(g) Prevention of fraud.

14.4       The Client may consult with the Contractor to inform its decision regarding any redactions, but the Client shall have the final decision in its absolute discretion.

14.5       The Contractor shall assist and cooperate with the Client to enable the Client to publish this Contract.

15.         TERMINATION

15.1       In the event of a material breach of the Contract by either party, the non-breaching party may terminate the Contract with immediate effect by notice in writing.

15.2       The Purchaser may terminate the Contract with immediate effect by notice in writing to the Supplier if at any time: -

15.2.1   The Supplier passes a resolution that it be wound-up or that an application be made for an administration order or the Supplier applies to enter into a voluntary arrangement with its creditors;

15.2.2   A receiver, liquidator, administrator, supervisor, or administrative receiver be appointed in respect of the Supplier's property, assets, or any part thereof;

15.2.3   The court orders that the Supplier be wound-up or a receiver of all or any part of the Supplier's assets be appointed;

16.2.4   The Supplier is unable to pay its debts in accordance with Section 123 of the Insolvency Act 1986;

15.2.5   The Supplier (being an individual or partnership) is declared or adjudicated bankrupt or enters into any arrangement or composition with its creditors.

15.3       Nothing in this Condition 15 shall affect the coming into, or continuance in force of any provision of the Contract which is expressly or by implication intended to come into force or continue in force upon termination of the Contract.

16.         ASSIGNMENT AND SUB-CONTRACTING

16.1       The Supplier shall not without the prior written consent of the Purchaser assign or transfer the benefit or burden of the Contract.

16.2       No sub-contracting by the Supplier shall in any way relieve the Supplier of any of its responsibilities under the Contract.

16.3       Where the Purchaser enters a sub-contract with a supplier or contractor for the purpose of performing the Contract, it shall cause a clause to be included in such sub-contract which requires payment to be made to the supplier or contractor within a specified period not exceeding thirty (30) days from receipt of a valid invoice as defined by the sub-contract requirement.

17.         NOTICES

Any notices to be given under the Contract shall be delivered personally or sent by post or by email to the Buyer (in the case of the Purchaser) or to the address set out in the Purchase Order (in the case of the Supplier). Any such notice shall be deemed to be served, if delivered personally, at the time of delivery, if sent by post, 48 hours after posting or, if sent by email, 12 hours after delivery.

18.         SEVERABILITY

If any provision under this Contract is or becomes unenforceable, such provision shall not take effect and shall be deemed to be severed from the remainder of the Contract to the extent that the remainder of the Contract and the unaffected part of the provision shall continue to be fully enforceable.

19.         WAIVER

No delay or omission by the Purchaser in exercising any of its rights under the Contract shall constitute a waiver of that right and any partial exercise of any such right shall not prevent any future exercise of the right.

20.         SUPPLIER CONTRIBUTION TO PRODUCT OR SERVICE CONFORMITY

The supplier shall grant right of access to the client, their customer, and regulatory authorities to the applicable areas of facilities and to applicable documented information, at any level of the supply chain; and ensure that the supplier(s) are aware of their contribution to product or service conformity; their contribution to product safety; and the importance of ethical behaviour.

21.         LAW AND JURISDICTION

The Contract and any dispute arising under or in any way connected with the subject matter of the Contract (whether of a contractual or tortious nature or otherwise) shall be governed by and interpreted in accordance with English Law and the parties submit to the jurisdiction of the English courts only except that the Purchaser may seek injunctive relief outside such jurisdiction.

Privacy Policy

This privacy policy sets out how Prima Electronic Services Ltd uses and protects any information that you give Prima Electronic Services Ltd. ‘We’ means Prima Electronic Services Ltd. We are the data controller for the purposes of the Data Protection Act 1998 and the EU General Data Protection Regulation. We will use your personal information in accordance with the Data Protection Legislation. Prima Electronic Services Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 6th May 2020.
Information you give us or we collect about you

This is information about you that you give us by filling in forms on our site www.primagroup.co.uk or by corresponding with us by phone, email or otherwise. It includes information you provide relating to an order, sales enquiry, supplier enquiry, data gathered at events, using and browsing our website and enquiring about any vacancies we may have. The information you give us or we collect about you may include:

  • Your name, address, date of birth, gender, marital status.

  • Contact information such as your email address, telephone number or postal address.

  • In respect of our products and services, details of your business, your requirements and your payment details.

In respect of job applications, your CV including details of your education and employment history, along with any other information you choose to provide us with your CV.

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.

  • Fulfilment of a contract.

  • Compliance.

  • To improve our products and services.

  • We may periodically send promotional emails about new products, or other information which we think you may find interesting using the email address which you have provided.

  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise our website according to your interests.


How we use cookies

  • A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

  • We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

  • Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

  • You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Our website is not intended for children and we do not knowingly collect data relating to children.


Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.


How do we use your personal information?

We take data protection law very seriously and have set out exactly how and why we use your information, and what our legal basis is to be able to use your information:


Providing our services

It is necessary for us to use personal information about you to enter into and perform the contracts that we make with you, such as when you order our goods or services. Using your information in this context is necessary so that we can:

  • Provide you with information about our products and services

  • Provide our products and services and deal with payments in relation to those

  • Verify your identity

  • Deal with any complaints you may have

  • Contact you with any changes that we make to our goods or services

  • Administer our website, including troubleshooting problems, analysing statistics, conducting research and tests and keeping our site secure

  • Assess your suitability for a particular role should you enquire about or apply for a job vacancy.


Contacting you

Sometimes we may need to use the information we have about you in order to respond to your questions or to you know about important changes.


Verifying your identity

We may use your information where it is necessary for us to do so in order to meet our legal obligations or to detect and prevent fraud, money laundering and other crimes.


Protecting you and others from harm

We may use your information where it is necessary to protect your interests, or the interests of others. This may include in the event of criminality such as identity theft, piracy or fraud.


If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case we may have to cancel a service you have with us but we will notify you if this is the case at the time.


Purposes for which we will use your data

We may use your personal information:

  • To carry out our obligations arising from any contracts entered into between you and us including in connection with providing products and services;

  • To comply with our legal obligations and with instructions from 3rd parties or regulators, court orders or to protect our legal interests;

  • To notify you about changes to our products and services and to otherwise communicate with you; for example, we will use your contact details in order to respond to any queries that you submit to us;

  • To manage and administer relationships;

  • To tell you about our products and services that we think may be of interest to you, unless you have expressly advised us you do not wish us to contact you;

  • To train our employees to continuously improve our services;

  • To analyse our products, services and marketing activity and to carry our market research


We need all the categories of information listed above to allow us to:

  • enter into and perform our contract with you (1)

  • to enable us to comply with legal obligations (2)

  • in order to pursue legitimate interests of our own or those of third parties (3), (provided your interests and fundamental rights do not override those interests)


The situations in which we will process your personal data are listed below. We have indicated by number (referenced above) the purpose or purposes for which we are processing or will process your personal information.

  • Providing our services (1,3)

  • Interact with third parties in order to ensure our products and services have been delivered to your satisfaction (1,3)

  • Interact with regulators (2,3)

  • Verifying your identity (1,2,3)

  • Making a decision to supply our products and services (1)

  • Administering the contract we have entered into with you (1)

  • Dealing with any complaints you may have (1,3)

  • Logistics management and planning, including accounting and auditing (2,3)

  • Making arrangements for termination of our contract (1,3)

  • Making repairs, alterations and improvements to the products or services supplier (1,2,3)

  • Dealing with legal disputes involving you (2,3)

  • Complying with health and safety obligations (1,2,3)

  • To detect and prevent fraud, money laundering and other crimes (2)

  • To review and improve the performance of our systems, processes and staff (including training) (3)

  • To interact and respond to any communications you send us (3)

  • To let you know about any important changes to our business or policies (3)

  • To ensure the information that we hold about you is accurate and up to date (3)

  • To protect your interests, or the interests of others (such as in the event of criminality such as identity theft, piracy or fraud) (2,3)


Who do we share your personal information with?

We share information that you provide to us with our staff so that we can provide our products and services to you. There are certain exceptional circumstances in which we may disclose your information to third parties. This would be where we believe the disclosure is:

  • Required by the law, or in order to comply with judicial proceedings, court orders or legal regulatory proceedings.

  • Necessary to protect the safety of our employees, our property or the public.

  • Necessary for the prevention or detection of crime, including exchanging information with other companies or organisations for the purposes of fraud protection and credit risk reduction.

  • Proportionate as part of a merger, business or asset sale. In the event this happens we will share your information with the prospective seller or buyer involved.


How long do we keep your information for?

We will only store your personal information for as long as we need it for the purposes for which it was collected. Where we provide you with any service (including where you have purchased products from us), we will retain any information you provide to us at least for as long as we continue to provide that service to you and fulfil all contractual and compliance obligations.

If you apply for a job vacancy (or otherwise send us your CV) we will retain your CV for a period of 6 months. If we are considering you for a particular role we may retain this information for longer than that period.


How do we protect your personal information?

We will take all reasonable steps necessary to ensure that your data is treated securely and in accordance with this policy.

We have appropriate security measures in place to prevent your personal information from being accidentally lost, used, accessed, altered or disclosed in an unauthorised way. We ensure our employees, agents and contractors are aware of their privacy and data security obligations.

We try to ensure that all information you provide to us is transferred securely via the website. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have your information we are committed to ensuring that your information is secure.

We may transfer the information you give us to countries outside the European Economic Area (EEA) where the international transfer is necessary in connection with the services we are providing to you. By submitting your personal information to us, you agree to the transfer and processing of your information outside the EEA.

All information you provide to us is stored on secure servers.


Accessing or amending your personal data

If you think the personal information we hold about you is inaccurate or incorrect, you can request that we correct this information (including marketing preferences).

If you choose not to receive information from us, we may still use your personal information to provide you with important product communications.

Even if we already hold your personal data, you still have various rights in relation to it. We will seek to deal with your request without undue delay and in any event in accordance with the requirements of any applicable laws. Please note we may keep a record of your communication to help us resolve any issues which you raise.


What rights do you have in respect of your personal information?

You have the right to:

  • Be informed about our use of your personal information

  • Access any personal information we hold about you

  • Request the correction of any inaccurate personal information held

  • Request that we delete your data, or stop processing or collecting it, in some circumstances

  • Stop direct marketing messages, which can be done by contacting enquiries@primagroup.co.uk

  • Request that we transfer your data to you or another service provider

  • Complain to the data protection regulator – in the UK, the Information Commissioners Office (ICO)

The first copy of your information that you request from us will be provided free of charge. If you require further copies we may charge an administration fee to cover our costs.


Complaints

If you wish to make a complaint about our collection or use of your personal data, please contact us at enquiries@primagroup.co.uk in the first instance at so we may seek to resolve your complaint.

You have the right to lodge a complaint with the Information Commissioner’s Office (ICO), the statutory body which oversees the data protection law in the UK. Please visit the ICO website if you wish to lodge a complaint with the ICO.


Contact Us

Prima Electronic Services Ltd
4 Harding Way
St Ives
Cambridgeshire
PE19 5EG

Tel: +44(0)1480 498338
Email: enquiries@primagroup.co.uk

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© 2022 Prima Electronic Services Ltd,
4 Harding Way, St Ives, Cambs, PE27 3WR
Phone: 01480 498338

Company No. 02247539
VAT Reg. No. GB638593203