Refund policy and terms of service
CONDITIONS OF SALE
(1) These conditions are the only conditions to which the contract is subject. Any conditions submitted, proposed or stipulated by the buyer, in whatever form, whether written or oral, are expressly waived and excluded. No change to these conditions shall be binding unless agreed in writing by the company.
(2) Prices shown, in the company’s price list are exclusive of vat and are subject to alteration without notice.
(3) Payment shall be made in full by 20th of the month following delivery for approved account customers only.
(4) If any sums become overdue, the company may (without prejudice to any other right or remedy available to it) suspend all further deliveries until payment in full thereof has been made or cancel the contract as regards any goods which remain to be delivered thereunder.
(5) Carriage may be charged on orders under £500 (excluding vat) and on certain heavy items.
(6) The buyer shall not be entitled to withhold payment on the ground that it has a claim or setoff against the company.
(7) The time for delivery shall not be of the essence and delivery dates are estimates only. The company shall not be liable for any loss or damage whether arising directly or indirectly from delay in delivery.
(8) The company shall be deemed to have delivered the goods when they have been dispatched by the company to the buyer or when the buyer collects the goods from the company’s premises or is notified that the goods are ready for collection, whichever shall first occur.
(9) After deliver the goods shall be at the buyer’s sole risk in respect of all loss or damage arising from any cause whatsoever.
(10) If the buyer cancels an order and such cancellation is accepted by the company, the company may (without prejudice to any other right or remedy available to it) make a handling charge.
(11) To the extent permitted by law, all conditions, warranties or obligations whether express or implied by statute, common law or otherwise are excluded and the provisions of these conditions shall apply in lieu thereof. The buyer acknowledges that it has not relied on the skill and judgement of the company in selecting goods.
(12) Without prejudice to the generality of condition 11, the company does not warrant that any goods are compatible with any other goods or are fit for any particular purpose or will withstand any particular conditions. In particular (and without limiting the foregoing) the company shall not be liable in respect of
(13) Discoloration of materials by adhesives;
(14) Discoloration by staining or mildew of white or light-colored fabrics or plastic or plastic-coated materials; or
(15) Clouding or discoloration of clear plastic sheeting.
(16) The company shall not be liable for goods of defective manufacture unless the buyer gives written notice to the company within 12 months of delivery specifying with reasonable detail any matter whereof it is alleged that the goods are defective.
(17) It is the responsibility of the buyer to examine the goods before cutting or processing and the company shall not in any event be liable for goods that have in any way been cut or processed.
(18) The company shall not in any event be liable for defective goods unless the buyer can prove to the satisfaction of the company that the buyer has followed the company’s or manufacturer’s instructions for use, care, storage and maintenance of the goods.
(19) The company shall not be liable for loss of the goods unless the buyer gives notice to the company within 14 days from the date of dispatch that it has not received the goods.
(20) The company’s liability for defective or lost goods shall be limited to replacing the goods or (at the company’s option) repaying a corresponding proportion of the price to the buyer and the company shall not be under any other liability thereunder whatsoever.
(21) Notwithstanding delivery the property in the goods will remain in the company and the buyer will hold the goods as bailee for the company until payment in full of the price of the goods and of all other sums due from the buyer to the company on any account whatsoever. Until such time, the buyer shall keep the goods in good condition, fully insured and separate and clearly identified as the property of the company
(22) If the buyer sells goods the property of the company to any third party it shall, as between the buyer and such third party, sell as principal but as between the buyer and the company, the buyer shall sell as the fiduciary agent of the company. The buyer shall hold the proceeds of any such sale separate and for the company’s account pending payment of all sums referred to in condition 16 or shall if the company so requires authorize and direct the third party to pay to the company all sums due to the buyer in respect of the goods so sold and assign to the company the debt owed to the buyer by such third party.
(23) The company may at any time without notice recover possession of goods the property of the company and the buyer grants to the company irrevocable license to enter for that purpose any premises then occupied by the buyer.
(24) All descriptions, representations, specifications samples and other particulars furnished or made orally by the company are given for general information purposes only and the buyer acknowledges that it is not entering into the contract in reliance upon any such description, representations, specification, sample or other particular.
(25) Except 10 the extent specifically provided for in these conditions, the company shall not be liable for any loss, damage or injury however caused or arising, whether by the company’s negligence or otherwise, from the purchase, storage, resale. Consumption or other use or handling of the goods and shall not be liable for any indirect or consequential loss whatever and however caused.
(26) The contract is subject to cancellation by the company or to such variation as it may find necessary by reason of inability to secure labor, materials. Transport or supplies or by reason of strike, lockout, trade dispute, weather conditions, hostilities, legislation, act of God or any cause whatsoever beyond the control of the company.
(27)These conditions shall be governed by and construed in accordance with English law and the buyer submits to the nonexclusive juris diction of the English courts