CONDITIONS OF PURCHASE
Any disputes relating to this Order shall be referred to the Tribunal of Manchester Chamber of Commerce for Arbitration. All goods or services are bought on these conditions only.
GENERAL CONDITIONS OF SALE
1. Claims for non-delivery or loss of goods cannot be admitted unless advised to us in writing within 10 days of invoice date. In the event of any complaint in respect of goods delivered, notice including full details must be given to us within 14 days of delivery and a reasonable opportunity for us to examine the goods before any claim can be entertained. If any defects in the goods is found to exist we will replace those goods or the defective part free of charge but we accept no liability for any consequential loss, damage or injury attributed to the use of such goods. In particular no claims will be considered after the goods have been cut up, treated, processed or resold. Any recommendations or suggestions relating to the use of the goods made by us is given in good faith but it is for you to satisfy yourself as to the suitability of the goods for your purpose.
2. Where widths are quoted they are nominal only and actual widths may vary by 2%.
3. Subject to stock availability, goods ordered before 2.45pm will be despatched that day. As a consequence of our low pricing policy UK mainland orders below £200 will be subject to an additional charge of £8.50 for which a next day delivery is guaranteed. To exceed the £200 carriage charges please contact our office to discuss the complete range. Off shore deliveries below £300 will be subject to an additional charge quoted at the time of ordering. Guaranteed timed deliveries are available on request. We may decline delivery if the premises or access to them are unsuitable for our vehicle.
4. Even though we take extreme care to protect our goods in transit on the odd occasion damage or loss will occur. Please ensure that you sign for the correct number of items and check the good condition prior to accepting the delivery. Any discrepancies must be acknowledged at the point of signature and advised in accordance with our terms and conditions.
5. Please arrange collection of faulty goods with our office. To help us process the credit with the minimum of delay, please ensure that the goods are suitably protected for transit and all tickets/labels are attached. Credit notes will be issued when goods are returned to our warehouse for inspection. Our standard terms and conditions apply and your statutory rights are not affected.
6. Allowance should always be made to the nearest half metre when ordering cut lengths. We cannot offer a cut length service on all products held in our range, please consult the price guide to establish the cost and availability.
7. Whilst we endeavour to meet your demands it is sometimes difficult to supply exact metres without cutting pieces. We will always despatch the nearest quantity using full nominal length pieces. If exact quantities are required please contact the office to check product piece lengths available from stock.
8. All brochures, catalogue and other promotional materials are to be treated as illustrative only. Shades may vary form batch to batch but the seller guarantees a commercial match as defined.
9. Handling Charges & Returns – Goods ordered in error will be subject to a £25 handling charge for returns subject to condition and approval. Goods made to order may not be returned.
10. Price breaks are given on nominal roll lengths only, three shorter rolls than the stated norminal roll lengths will not qualify for the three roll price.
11. The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
12. Whilst it is our intention to maintain these prices for as long as possible, they are subject to fluctuation due to raw material increases beyond our control. We therefore reserve the right to change prices and specifications without prior notice.
13. Our quotation lapses after 30-days unless otherwise stated.
Export terms- defined as goods crossing an international boarder
The Price quoted exclude:
14. The “Incoterms” of the International Chamber Of Commerce which are in force at the time when the contract is made apply to exports.
15. Unless otherwise agreed, the goods are supplied ex works deemed as our premises.
16. The buyer is responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed in writing). The seller is not liable for damage during transit
Payment and the credit application process
17. You are to pay us in cash or in cleared funds on or prior to delivery, unless you have an approved credit account with us. Proforma orders must be paid within 7 days of the order date.
18. If the buyer fails to pay the seller in full on the due dates we reserve the right to suspend or cancel any future deliveries and cancel any discount offered to the buyer. Discounts may only be taken if the account is up to date. Discounts taken in non-qualifying circumstances will be treated as an outstanding amount and not deducted from the account.
19. All invoices are due for payment within 30 days unless alternative terms have been agreed. In the event of failure to pay by the due date, the whole debt becomes payable with interest chargeable at the rate set under the section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 before and after any judgement (unless the court orders otherwise) Future credit facilities will be affected if these terms are ignored.
20. Please note that we may transfer personal information about you to those we may appoint to administer your account, insure your account or recover amounts owing to the seller.
21. The goods shall remain the property of the seller until the invoice price has been paid in full or until goods have been resold by the buyers in which event the beneficial entitlement of the sellers shall attach to the proceeds of sale. If the goods are incorporated into other products while they are the property of the sellers all the sellers rights in the goods shall extend to other products and the proceeds of sale thereof. Until the property in the goods shall pass to the buyers the sellers shall be entitled to retake the goods at the buyers expense in the event of the buyer failing to pay for the goods or commencing liquidation or ceasing or threatening to cease to trade or if serious doubts arise as to the buyers solvency.
22. The buyer must store the goods so that they are clearly identifiable as the sellers property.
23. You must inform the seller (in writing) immediately if you become insolvent and if you right to use and sell the goods ends you must allow the seller to remove the goods.
Specifications- Printing, manufactured or processed orders
24. Custom made orders are made to customer’s individual requirements and will be manufactured under a no refund policy. We can only accept liability for orders received in writing and confirmed by the seller. Order forms can be supplied on request.
25. Where a sample is submitted by the customer does not agree with written particulars supplied by the customer, the written particulars shall prevail.
26. If the seller prepares goods in accordance with the buyers specifications or instructions the buyer must ensure that the specifications and instructions are accurate, the goods will be fit for purpose for which the buyer intended to use them and the buyers specifications do not result in infringement of intellectual property rights of a third party, or are in breach of any applicable law or regulation.
27. The precise fibre content shall be provided in writing by the buyer to the seller. The seller shall not be held responsible for inaccuracies in this description.
28. The seller shall not be responsible for any claim arising from inaccurate descriptions of the finished goods applied at the customers request and the buyer shall indemnify the seller against any claims so arising.
29. Charges will apply for extra costs incurred by the seller due to the nature of the goods received- example goods received in a condition which is unsuitable for immediate processing such a badly rolled fabric which must be pre-prepared by the seller before it can be processed. The seller shall not be held responsible for any fabric rejected/lost in pre-processing.
30. The seller assumes that the goods delivered by him to the seller are in a proper condition for processing. The seller shall not be liable for damage caused by wires, pins, hooks, weavers seems, cuts, bad selvedges, or any other manufacturers faults.
31. These goods are supplied on the understanding that the purchaser tests will be carried out prior to bulk production to ensure suitability and to ensure, where appropriate, colour and fusing compatibility with top cloth. All specifications are given in good faith as being as accurate as possible but shall not be treated as binding or part of the contract.
32. These goods are supplied on the understanding that the purchaser tests will be carried out prior to bulk production to ensure suitability and to ensure, that the product is suitable for purpose. All specifications are given in good faith as being as accurate as possible but shall not be treated as binding or part of the contract.
33. The seller reserves the right to be recompensed by the buyer for any damage to machinery, or other customers goods, or any operative a consequence of damage caused by wires, pins, hooks, weavers seems, cuts, bad selvedge’s, or any other manufacturers faults.
34. No D&K will apply to printing and laminating orders below 500mts.
35. The seller shall not be liable for the shade, design and colour of materials supplied by the buyer for processing.
36. The seller reverses the right to charge for storage of the buyer’s goods if no orders for production are received after 1 month of delivery at the rate of 5 pence per roll per day.
37. All goods delivered to the seller or in our custody are subject to lien for the general balances of account for the time owing to us by the buyer including all liabilities of any kind whatsoever and a sufficient quantity of the goods may be sold at the absolute discretion of the seller and the proceeds credited against such balance of the account if the amount is no paid within 21 days from the date on which the seller notified the buyer in writing of our intention to sell the said goods. If any sum remains after such a credit it has to be credited to the buyers account.