1. Conditions applicable
These conditions shall apply to all contracts for the sale of goods (“the Goods”) by the seller (“the Seller”) to the buyer (“the Buyer”) to the exclusion of all other terms and conditions, including any terms or conditions which the buyer may purport to apply under any purchase order confirmation of order, or similar document.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these conditions (“The Conditions”).
Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable, unless agreed in writing by the Seller.
All goods supplied by the Seller shall be in accordance with (i) the descriptions and details given on this website and (ii) the current edition of the relevant Product Brochure as published from time to time by the Seller (copies of which are available from the Seller upon request) and (iii) those further specifications or descriptions (if any) expressly listed or set out on the face of the order. No other descriptive material, written or oral representation, correspondence or statement, promotional or sales literature, shall form part of or be incorporated by reference into the order.
Subject to the availability the Seller will supply the Goods in accordance with the orders received as soon as they are available.
Delivery of the Goods shall be made to the Buyer’s address on such date as is agreed. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The Goods shall be delivered to the Buyer at the Sellers address. The risk in the Goods shall pass to the Buyer upon such delivery taking place.
The Seller shall arrange for carriage of the Goods to the Buyer’s address. The Buyer shall take out insurance cover for the Goods as the Seller may direct until such time as the title in the Goods passes as defined in clause 5.
4. Prices and Payment
All trade prices are exclusive of VAT. Orders are accepted on condition that the Goods will be invoiced at prices ruling at the date of order. EXPORT – all prices quoted and invoiced exclude any local Customs clearance charges or VAT.
All first orders will be conducted on a pro forma basis with 30 days credit extended on future orders subject to a satisfactory credit account being opened.
When credit arrangements have been confirmed payment for products become due and payable within 30 days of invoice date. Time for payment shall be of the essence.
Any variation to normal terms can only be by written agreement between the parties. The Company reserves the right to charge interest on all overdue balances. Interest on overdue balances shall accrue from the date when payment becomes due until the date of payment at a rate of 4% above Barclays Bank base rate from time to time in force and shall accrue at such a rate after, as well as before any judgement.
The Seller understands and will exercise the Sellers statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if the Seller is not paid according to the agreed credit terms.
5. Retention of Title
All products supplied to the Buyer by the Seller shall remain the sole and absolute property of the Seller, in both law and equity until the Buyer shall have paid the Seller the agreed price, together with the full price of any other products supplied to the Buyer pursuant to any other contract between them. The Buyer’s right to possession of the products shall cease if it does anything, or fails to do anything which would entitle a Receiver to take possession of any assets, which would entitle any person to present a Petition for winding-up (or in case of a person or firm commit any act of bankruptcy).
6. Force Majeure
The Seller shall not be under any liability for any failure to perform any of its obligations under the order due to Force Majeure. Following notification by the Seller to the Purchaser of such cause, the Seller shall be allowed a reasonable extension of time for the performance of its obligations.
For the purposes of this condition, “Force Majeure” means fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, riot, sabotage, or official strike or similar official labour dispute, or events or circumstances outside the reasonable control of the party affected thereafter.
7. Defective Products
If upon delivery or thereafter products are found to be defective the customer must notify the seller within five working days, and in writing within ten working days. The Seller’s liability to the Purchaser in respect of defective Goods, in contract, tort (including negligence or breach of statutory duty) or however otherwise arising, shall be limited to the price of the goods concerned. The Seller may replace defective products free of charge. The method of return of goods will be specified by the Seller. All products sold are hand crafted and the Seller cannot guarantee exact replication from one piece to another. Such variations will not be regarded as ‘defective’.
All terms, conditions and warranties (whether implied or made expressly) whether by the Seller or its servants, agents or otherwise relating to the quality and/or fitness for the purpose of the Goods or any of the Goods are excluded.
All warranties and conditions, whether implied by status or otherwise, are excluded form this contracted, provided that nothing in this contract shall restrict, or exclude, the liability for death or personal injury cause by the negligence of the Seller, or affect the statutory rights of a buyer dealing as a consumer
8. Sales by Sample
The bulk of the goods will correspond with the sample in quality, provided that the Seller shall have no liability to the Buyer, unless more than 5% of the Goods do not so correspond.
The buyer shall be deemed to have had a reasonable opportunity of comparing the bulk of any consignment of Goods with the sample after seven working days from delivery have expired.
Upon the Buyer having been deemed to have had a reasonable opportunity of comparing the bulk of any consignment with the sample the Buyer will also be deemed to have notice of any defect rendering the Goods not in accordance with the contract and to have accepted all the Goods so delivered.
9. Non or Short Delivery
The Buyer shall inspect the Goods on delivery and shall within five working days notify the seller and within ten working days of deliver by written notification of any alleged defect, shortage in quantity, damage or failure to comply with descriptional sample. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions, the Goods shall be conclusively presumed in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods. Any goods collected by the buyer from the seller's premises are sold 'as seen'. Damages or defects reported after self-collection will be deemed to be the buyers liability.
The Buyer shall notify the Seller of any non-delivery of a whole consignment of complete (cartons) within seven working days of the date of dispatch (as stated on the invoice). Notwithstanding the receipt by the Seller of any such notice a clear signature on a carrier’s delivery advice sheet shall be deemed to signify receipt of the quantity of (cartons) indicated on the advice sheet.
If the Goods are not in accordance with the contract for any reason, the Buyer’s sole remedy shall be limited to the Seller making good any shortage by replacing such Goods or, if the Seller shall select, by refunding a proportional part of the Price.
Goods deemed not in accordance with the contract may only be returned to the Seller by the Buyer upon agreement in writing. The Seller will also not accept any transport costs relating to returns unless expressly agreed in writing prior to return.
10. Carriage Paid Orders, Minimum Orders, Carriage Costs, Cash & Carry
England, Scotland & Wales: £300 (excluding Scottish Highlands & Grampians)
All other destinations will be charged at cost. All values quoted are based on normal selling prices and exclude VAT. Where trade discounts have been negotiated in writing thereby reducing published selling prices the Seller reserves the right to charge all carriage and related costs of sending goods to the Buyer.
Carriage charges on orders less than the Carriage Paid Values are as follows:
England, Scotland & Wales orders between £100-£300: £9.95 (excluding Highlands & Grampians please contact us for a quote)
Northern Ireland orders between £100-£300: £45; orders over £300: £35. All other destinations will be charged at cost.
Minimum Trade Order value is £100 plus VAT.
The Seller refers the Buyer to additional terms which may be published on the current price list that form part of these terms.
11. Availability & Delivery Times
Orders are taken on a subject to availability basis and the Seller will endeavor, local or global conditions allowing, to deliver what is available within 5 working days.
Product deliveries will be made via third party carriers on a 1-3 working day service. Unless agreed otherwise this will be the standard mode of despatch.
12. Governing Law
These conditions and every contract made hereto and all disputes arising shall be governed in all respects by and in accordance with English law and the Buyer hereby submits to the non-exclusive jurisdiction of the English courts.