Conditions of Sale
Orders are accepted only under the following Terms and Conditions:
The Company concludes contracts for the supply of Goods subject only to these Conditions. The Customer accepts that these Conditions shall govern relations between the Companies to the exclusion of any other terms including without limitation conditions and warranties written or oral express or implied even if contained in any of the Customer’s documents which purport to provide that the Customer’s own terms shall prevail. No variation or qualification of these Conditions or of any quotation or contract arising here from shall be valid unless agreed in writing by a Director of the Company.
3. DELAY IN DELIVERY
The Company accepts no responsibility for delay in or suspension of deliveries, due to strikes, lock-outs, trade disputes, shortage of labour, unavailability of the necessary material, fire, accident or destruction of plant, machinery or stock by the operation of war, conflict, Will of God or any other circumstances beyond our control. Where a Customer places an order for collection by its own staff, carrier or agent, the goods will be invoiced on the date collection was requested. If goods are not collected within 7 days of the date requested, goods will be delivered via our normal carriers, and the carriage charged if below our carriage paid value at the appropriate rate.
(a) The Company shall in its use of raw materials at all times endeavour to maintain or improve standards of colour fastness, shade, general finish and quality, but accepts no liability for any failure to maintain those standards. It is understood that the fullest latitude is allowable and any divergence from normal standards as aforesaid shall not in itself constitute sufficient reason for rejection of goods ordered by the Customer.
(b) No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to the seller.
(c) Goods reported by the Customer to be defective shall not form the subject of any claim for work done by the Customer or for any loss, damage, or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to the Company and accepted by them as defective, will at the request of the Customer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
The price to be charged shall be that ruling at the date of invoicing. Any dispute over prices must be made in writing within 14 days of invoice date.
6. CARRIAGE AND PACKING
Carriage and packing charges are payable by the customer at the rates applicable at the time of despatch. The Company reserves the right to vary these rates from time to time as it deems fit.
The ownership of the goods to be delivered by the Company will only be transferred to the Customer when they have met all that is owing to the Company or its Factors, where appropriate, no matter on what grounds and if the Customer has sold those goods they shall hold the proceeds of the sale upon trust for the Company or its Factors, where appropriate until all that is owing to the Company or its Factors, where appropriate, has been met.
All invoices shall become due for payment, in the figure shown thereon, within the agreed terms. Accounts not settled by the due date shall be classified as overdue and the Company reserves the right to charge interest on overdue accounts. Such interest shall be chargeable at 4% over Barclay Bank plc base rate of which 7 days notice shall have been given to the Customer.
In the event that an account is not settled by the due date, the Company reserves the right to withhold deliveries of further orders until the account is settled.
VAT will be charged at the rate ruling at the date of despatch.
By the act of the Company accepting your order, a binding contract has been made and the Company shall be entitled to full indemnity in the event of the Customer’s cancellation (which shall be deemed to include a variation of the terms of an order) of that order after the date of its acceptance. Orders so accepted may not be cancelled without the Company’s written consent, when it may, if it so desires, charge a cancellation fee the amount of which the Company shall determine at the time of cancellation.
Goods may not be returned to the Company after despatch without good reason nor without the Company’s prior written agreement to accept such a return. In that event and the goods are returned in a satisfactory condition, then the Company, may in its absolute discretion, make a charge of 30% of the sales value of the goods as a restocking fee.
In all matters concerning the return or proposed return of goods the Company’s decision shall be final and binding.
If in the opinion of the Managing Director of the Company (whose decisions shall be final and binding) the goods are not in good condition, or have depreciated in value, then the amount of the charge for restocking may be increased accordingly.
11. DAMAGE OR LOSS
In the event that the Customer does not receive any part of a consignment or the goods are received damaged, the Company must be informed in writing within 3 days of the date of the invoice. In the event the consignment is received damaged, these goods must be returned to our Head Office within 14 days together with its original packaging.
No claims for any shortages or damages suffered by the Customer will be entertained if these time frames are not adhered to.
12. LEGAL CONSTRUCTION
These conditions and the contract shall be subject to and construed in accordance with English Law.