1) Application of Conditions
Contracts and orders are accepted upon and subject to the condition of sale printed herein. Unless expressly accepted in writing, any qualification of these conditions contained in any written or printed document of the buyer shall be deemed to be inapplicable. The terms and conditions are subject to change at any time without prior notification being presented to any party.
2) Delivery
Where a period is named for delivery, and such period is not extended by mutual consent in writing or under the provisions of clause 8 hereof, the buyer shall take delivery within that period.
3) Estimated Delivery Date
Any time or date for delivery named by the seller is an estimate only and the seller shall not be liable for the consequences of any delay.
4) Risk
The risk in respect of all the goods supplied under the contract or terms shall pass to the buyer upon the goods being delivered to the buyer as provided in the contract or in accordance with the buyers delivery instructions but not withstanding such delivery the property in the goods shall not pass to the buyer except as provided in condition 5 hereof.
5) Ownership of Goods
All goods delivered shall remain the property of the seller until such time as those goods have been paid for in full and all other goods agreed to be sold by the seller to the buyer for which payment is then due have been paid in full. Until such time as the property of the goods passes to the buyer, the buyer shall hold the goods as the sellers fiduciary agent and bailee, and shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured, and identified as the sellers property, but the buyer shall be entitled to re-sell or use the goods in the ordinary course of its business. Until such time as the property in the goods passes to the buyer (and provided the goods are still in existence and have not been re-sold), the seller shall be entitled at any time to require the buyer to deliver the goods to the seller, and if the buyer fails to do so forthwith, enter upon any premises of the buyer or any third party where the goods are stored and re-possess the goods.
The buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the seller, but if the buyer does so all moneys owing by the buyer to the seller shall (without prejudice to any other right or remedy of the seller) forthwith become due and payable.
6) Defective goods
Goods represented by the buyer to be defective shall not form the subject of any claim for work done by the buyer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to the seller and accepted by him as defective, will at the request of the buyer 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.
7) Claims for Damage, Shortage or Loss
No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless, in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the railway executive or carrier concerned and to the seller within three days of receipt of goods, followed by a complete claim in writing within five days of receipt of goods, and in the case of loss of goods, notice in writing is given to the railway executive or carrier concerned and the seller within three days of receipt of goods followed by a complete claim in writing within ten days of the date of consignment. Where goods are accepted from the railway executive or carrier concerned without being checked, the delivery book of the railway executive or carrier concerned must be signed, “Not examined”.
8) Suspension of Deliveries
Deliveries may be wholly or partly suspended and the time of such suspension added to the original contract in the event of stoppage, delay or interruption of work in the establishment of either the seller or buyer during the delivery period as a result of strikes, lockout, trade disputes, breakdown, accident or any cause whatsoever beyond the control of the buyer or seller respectively.
9) Determination of Contract
If the buyer shall make default in or commit any breach of this contract or any other of his obligations to the seller, or if any distress or execution shall be levied upon the buyers property or assets, or if the buyer shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy, or of any petition or receiving order in bankruptcy shall be presented or made against him, or if the buyer shall be a limited company and any resolution or petition to wind up such company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or a receiver of such company’s undertaking, property or assets or any part thereof shall be appointed, this shall forthwith determine any contract then subsisting contracts shall be deemed to have been determined without prejudice to any claim or right the seller might otherwise make or exercise.
10) Arbitration
Any dispute under this contract shall be referred to an arbitrator or arbitrators to be appointed by the parties, or in the default of agreement by the president of the law society for the time being, and his or their decision shall be binding on both parties, and this shall be a submission to arbitration within the Arbitration Act, 1950, or any statutory modification thereof for the time being in force.
11) Acceptance
No binding contract shall be deemed to have been effected by the acceptance on the part of the buyer or a quotation or offer made by the seller, until the seller shall have confirmed such contract. By any form of trading or placing and order it is understood that you accept our terms of business.
12) Price Variation
Any price quoted by the seller or comprised in the order or contract is provisional only and will be subject to the following condition:-
(i) Where the seller can obtain raw materials at a firm figure on the date on which the price comprised in the contract is named he will not vary the price in consequence of variation in the cost of such raw materials in respect of contracts accepted for delivery within three months of the date of the contract.
(ii) In the case of other raw materials the price will be varied according to the figure at which the seller is able to purchase the raw material.
(iii) In the case of orders or contract or any part thereof accepted for delivery within three months of the date of acceptance of the order or contract the price will remain firm. In the case of orders or contracts or any part thereof accepted for delivery beyond three months of the date of acceptance of the order or contract the price will be subject to such reduction or increase as may be applicable at the date of dispatch of goods and of each consignment thereof in consequence of variations in costs other than the cost of raw material.
13) Terms of Payment
All invoices shall be due for payment at the time stated on the invoice. For payment dates indicated as 30 days the invoice will be due for payment on the last banking day closest to the 30 day period or the first banking day after the 30 day period, or other such date(s) indicated on the invoice, unless prior payment terms and agreements have been made between all parties concerned. Any sums due to the seller, if unpaid after the date shall be liable to pay interest at the rate of 4% above the base rate of the sellers banking facilities from time to time calculated from the date payment was due until the date of actual payment.
All payment will be in GBP Sterling unless prior terms and arrangements have been accepted by all parties concerned and may be subject to further bank charges.
14) Goods In Trust
We understand and take seriously our duty of care to ensure the safekeeping of all goods entrusted to us and have arranged adequate insurance against loss or damage whilst on our property. Goods entrusted to us whilst in our property will always be locked in a strong room OR kept in an area covered by our extensive alarm system. We do not accept any liability for postage/courier or other delivery services as this is out of our control. These conditions are subject to section 15 – Insurance.
15) Insurance
At any time and at any interval a maximum single article and/or claim limit may be in place under our insurance policy. Please ask for confirmation of these limits at any given time.
Liability by the vendors shall be limited to the value of the goods supplied/in trust or the maximum single article/claim limit; the vendors will not be liable for any consequential losses related in any way to the goods supplied. If “our” maximum limits in place do not offer adequate sums insured cover it is the responsibility of the client/customer to provide adequate insurance cover whilst goods are placed in our trust. This includes but does not limit any time within “our” trust including goods in transit, accidental damage, goods left unattended etc.
16) Miscellaneous
- All correspondence relating to a commission or sale will be considered part of the contract, whether by electronic or paper or any other means.
- All copyrights relating to any works sold remain the property of the maker, unless otherwise agreed in writing. This includes sculptures, the design of craft objects, and any images, regardless of the medium involved.
- The purchaser of any sculpture or commissioned article is only buying title to those finished goods listed in the sale, and not to any designs, molds or intermediate forms in any medium whatsoever. Neither do they have any right to reproduce such article(s) sold in any medium. Should any purchaser wish any such rights, they will be the subject of a separate sale.
- The vendors assert their moral rights to the intellectual property attached to all work.
- Goods supplied are for artistic and decorative purposes only, and any title applied is for descriptive purposes only, and does not imply suitability for any use other than decorative.
- All title to goods supplied remains with the vendor until full payment has been made.
- Prior arrangement and agreement may sometimes be in place for staged payments. A first part due on agreement of a design, the balance due before delivery of the completed work, although the vendors reserve the right to arrange for further intermediate instalments for large works. All payments will be subject to the purchaser having reasonable rights of inspection of the work, either by visiting the vendors or other agreed means (such as photographs).
- Liability by the vendors shall be limited to the value of the goods supplied; the vendors will not be liable for any consequential losses related in any way to the goods supplied.
- In the event of any dispute, English Law will apply; any such court proceedings thereof will apply to the court local to or nominated by the seller.
- The terms and conditions are subject to change at any time without prior notification being presented to any party. A copy of the full terms and conditions is available on request or referenced on the company website.
