Terms and Conditions
THE SELLER INTENDS TO RELY ON THE TERMS SET OUT HERE. TO PROTECT YOUR OWN INTEREST, PLEASE READ THIS DOCUMENT CAREFULLY.
1.1 Buyer: means the person or organisation that agrees to buy the goods and to whom the goods are invoiced.
1.2 Seller: means Caroline Gregson
1.3 Price: means the price paid for the goods and services, including VAT as applicable, and as set out on the Confirmation of Order.
1.4 Confirmation of Order: means the document supplied by the Seller to the Buyer setting out all the goods and services to be supplied and the price to be paid.
1.5 Goods: means the items as set out and detailed on the Confirmation of Order.
1.6 The Scheduled Date of Manufacturing: means the working day on which any goods ordered will begin their construction.
1.7 Working Day: means any day Monday to Friday between the hours of 10:00AM and 4:00PM and specifically excluding bank holidays.
1.8 Delivered & Delivery: means the day on which the Buyer collects the goods or the day on which the goods are delivered to the Buyer’s address.
1.9 Terms & Conditions: means the standard terms as set out in this document and any special agreed terms as defined by 1.10.
1.10 Special Agreed Terms: means a special term or condition, which has been agreed in writing between the Buyer and the Seller.
1.11 Contract: means the contract between the Buyer and Seller to which these terms and conditions relate.
1.12 Reasonable period of time: the time in which the Buyer should examine the goods to ascertain their conformity with the contract.
2 Conditions Applicable
2.1 All offers to purchase goods from the Seller shall be deemed to be offers from the Buyer to purchase goods pursuant to these Terms and Conditions.
2.2 These Terms and Conditions, as set out here, together with the Confirmation of Order are intended by the Seller to set out the contract between the Seller and the Buyer. The Buyer is encouraged to read in full the Terms and Conditions and the Confirmation of Order, which fully state the goods, and services the Buyer will receive and the total price of all goods and services.
2.3 The Confirmation of Order provides for notification, by the Buyer to the Seller, of changes to the Buyer’s requirements, five days prior to the Scheduled Date of Manufacturing. For the avoidance of any doubt, changes should be confirmed in writing to Caroline Gregson.
2.4 This Contract is personal as between the parties and may not be assigned or transferred by either party without the prior written consent of the other.
2.5 In the event of any, prior agreed in writing, waiver or forbearance of any party’s rights to insist on strict performance of any contract term shall not be deemed or construed as a waiver of that party’s right to future performance, or any subsequent breach.
3.1 The price shall be payable in Sterling and inclusive of any VAT applicable.
4.1 The Buyer must make known to the Seller the intended method of payment at the time of placing the order and purchasing the goods. The Buyer may change the intended method of payment but this may delay the delivery of goods. In any event a new Scheduled Date of Manufacturing maybe given, if the Buyer makes alterations to the payment method.
4.2 The Seller must receive cleared payment of the agreed deposit, before the Scheduled Date of Manufacturing.
4.3 Payment is deemed to have been effected by the tendering of cash or the clearing of funds.
4.4 Goods cannot be delivered to the Buyer, or collected by the Buyer until the Seller has received payment of the balance outstanding for the goods.
4.5 In the event that credit terms are agreed, the default credit period shall be fourteen days from the moment the goods are delivered or service performed.
4.6 A payment is deemed to be late once the credit period has expired.
4.7 The Seller understands and will exercise their statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if the Seller is not paid according to agreed credit terms.
5 The Goods
5.1 The Seller will supply to the Buyer only the goods and services set out in the Confirmation of Order.
5.2 Goods are made to the Buyer’s ordered specification. Components and raw materials purchased by the Seller are in consideration of the Buyer’s order. If a Buyer wishes to change any item on the order prior to the Scheduled Date of Manufacture, the Buyer is advised that this may delay delivery, in consideration of supply and availability to the Seller of a specific material, re-processing of the order and any additional payments due from the Buyer. In any event a revised Confirmation of Order and Scheduled Date of Manufacturing will be given.
6 Warranties and Guarantee
THESE WARRANTIES AND GUARANTEES DO NOT AFFECT THE BUYERS STATUTORY RIGHTS.
6.1 The Seller warrants that the goods will at the time of delivery or collection correspond to the description given by the Seller.
6.2 The guarantee is not transferable.
7 Delivery & Condition
7.1 Goods will be delivered to the Buyer only in consideration of any delivery charges paid, by the Buyer, and as set out on the Confirmation of Order. As goods are made to order, delivery dates are estimates only. The Seller will use reasonable endeavours to contact and notify the Buyer of the intended date of dispatch. Attempted notification to the Buyer will commence at the earliest practical opportunity available to the Seller.
7.2 Delivery, where paid for, maybe performed by third party Couriers. Where such circumstances apply, the Seller will not enter into any guarantees or contracts whatsoever with the Buyer for a specific day or time of delivery.
7.3 The Seller will reserve the right to deliver by installments, but undertakes not to charge the Buyer additional delivery costs from those quoted on the Confirmation of Order.
7.4 The Seller shall not be liable for any further delivery and collection costs where the Buyer fails to take delivery at the given delivery address, and after reasonable notification to the Buyer that delivery is being attempted, by the Courier.
7.5 The Buyer may collect goods from the Seller by prior agreed appointment and only after the Seller has confirmed to the Buyer that the order is ready, completed and checked. The Buyer will need two separated proof documents of identity for collected goods, showing full name and address, i.e. Driving License or named house-hold bill.
7.6 The delivery address will be the address notified by the Buyer to the Seller at the date of placing the order. A request for a change of delivery address must be confirmed in writing, together with proof of identity.
7.7 The Buyer will count the number of boxes being delivered by the Courier and sign the Couriers paperwork clearly and only for the number of boxes received, in order to protect the Seller and the Buyer from refusal by Insurers to honour claims for missing boxes.
8.1 All cancellations must be confirmed in writing to and clearly addressed: Caroline Gregson, 8 Andrews Close, Tarvin, Chester, United Kingdom, CH3 8LN. The written cancellation will become effective on the date of posting.
8.2 The Buyer may cancel the order, from the date of ordering and before, but excluding, the Scheduled Date of Manufacture, without any charges and the Seller will refund the Buyer in full by the original payment method.
9 Acceptance of the Goods
9.1 Upon taking delivery of the goods, the Buyer shall examine them as soon as it is reasonably practicable and within a reasonable period of time and shall forthwith notify the Seller if the goods are damaged in transit or do not accord with the specification or there are missing items as set out in the Confirmation of Order. Notification must take place within three working days, including the day of delivery, and confirmed in writing to the Seller and in consideration of the Sellers right of claim with the Insurers.
9.2 The Seller shall have the right to verify any claims of damages in transit, in order for them to make the an appropriate claim with the Insurers. The Buyer will endeavour not to unreasonably delay notification to the Seller, so as to negate the Seller’s insurance claim being made within seven days of the termination of transit.
9.3 If the Buyer seeks to reject the goods, as defective, within a reasonable period of time, then the Buyer will undertake to cease use of the goods immediately and notify the Seller. The Buyer will confirm in writing that the goods are rejected and available for the Seller’s collection.
9.4 The Seller will reserve the right to inspect the goods either on or off the Buyer’s premises and to verify that the goods are defective and that those defects are attributable to the goods supplied as claimed by the Buyer. Additionally the Seller and the Buyer may seek independent verification of a claim of defective goods and may consult with each other and will not incur unreasonable costs or any costs at all in inspecting the goods. The Buyer and the Seller may agree to share the costs of a joint inspection and abide by the findings. The Seller and the Buyer shall agree not to delay an inspection beyond a reasonable period of time or unreasonably deny each other access to the goods to verify the defect.
9.5 Following rejection of verified defective goods, the Buyer will make all goods supplied available for collection by the Seller or the Seller’s Courier, at the Seller’s cost, on a working day. The Buyer will undertake to pack the goods in their original protective packaging, if available, but in any event adequately for transit of good of the nature supplied. A refund of any money paid will be made by the method of original payment and only for the goods made available to the Seller for collection. Collection of the goods will be from an address and on a date to be mutually agreed between the Seller and Buyer.
9.6 The rights of the Buyer as set out in these Terms and Conditions shall apply in addition to and without prejudice to all the rights that the Buyer may have at common law or statute.
10 Title & Risk
10.1 The goods are at the Buyer’s risk when they are delivered to the Buyer or collected by the Buyer. The Seller specifically recommends to the Buyer that the Buyer adequately insure the goods for all risks.
10.2 The goods do not become the property of the Buyer until the Seller has been paid for the goods in full.
11.1 The Buyer shall not be entitled to any rights of copyright or design or any similar rights in respect of any goods supplied to the Buyer by the Seller. The Seller will be free to prepare, produce and supply goods of the same specification and design and sell them to any other parties without restriction whatsoever.
11.2 The Buyer should take every precaution and verify that any plans or specifications supplied to the Seller, by the Buyer are not in breach of any rights of copyright, design or any similar rights of favour of any other parties. The Buyer shall be liable for any foreseeable and reasonable costs incurred by the Seller in defending any action in respect of a claim of alleged breach of such rights, if verification, by the Buyer, has not taken place.
12.1 The Buyer and Seller shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
13 Force Majeure
13.1 The Seller shall be under no liability for any failure to perform all or any part of its obligations under the Contract if such failure shall be due to the act of God, terrorism, strikes, lockouts, labour disturbances, Statute or any regulation of any government, public or local authority, delays or defaults of suppliers and subcontractors or with out prejudice to the generality of the foregoing any other causes beyond the reasonable control of the Seller and this condition shall apply not withstanding that it may conflict with any special condition.
14 Unfair Contract Terms
14.1 The Seller intends that these Terms and Conditions shall not be unfair so as to infringe The Unfair Terms in Consumer Contracts Regulations 1999.
15 Proper Law of Contract
15.1 The Laws of England govern this contract. The Buyer and the Seller agree to submit to the non-exclusive jurisdiction of the English Courts.