The following are the terms and conditions of sale ('Conditions') of Nisbets UK Ltd, trading as Mitre (Mitre). These Conditions apply to all sales of Products by Mitre to the exclusion of any other terms and conditions unless otherwise agreed in writing by a duly authorised representative of Mitre.
In these Conditions, the following Definitions apply:
'Contract' refers to any contract made between Mitre and the Customer for the sale and purchase of any Products.
'Customer' refers to any person firm or organisation purchasing any Products from Mitre.
'Product' refers to any goods and/or services to be supplied to the Customer by Mitre in accordance with these Conditions.
'Bespoke Product' refers to made to measure soft furnishings, furniture and fittings requested by the Customer and any product specially produced or personalised at the request of the Customer.
Orders
All orders are accepted at Mitre's discretion subject to these Conditions to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Customer unless there is express written confirmation from Mitre stipulating specific amendments.
Orders are deemed accepted and a Contract formed on release of the Products to the carrier or if earlier upon payment for Products in cleared funds. Mitre reserves the right to refuse any order without providing a reason.
Any Customer placing an order warrants that it is legally capable of entering into binding contracts and (if an individual) is at least 18 years old.
Price
Products are sold at the prices prevailing in Mitre's website, brochure or individual quotation as applicable at the time of ordering. All prices are subject to VAT and exclude delivery charges.
Prices may be varied from time to time at Mitre's discretion.
Delivery charges in relation to carriage, transport costs, and unloading shall be paid by the Customer in addition to the price for the Products.
Delivery charges may vary at Mitre's discretion from time to time.
Delivery charges are set out in Mitre's website, brochure or individual quotation as applicable or shall be separately advised to the Customer.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer invoice or other document or information issued by Mitre shall be subject to correction without any liability on the part of Mitre.
The prices for the Products do not include fitting charges. Unless Mitre expressly offers to provide fitting services in a quotation, the Customer shall be solely responsible for arranging for the Products to be fitted and for payment of associated fitting charges to the fitter selected by the Customer.
Payment
Customers who have been granted a credit account facility by Mitre may choose to have their order charged to their account. Mitre may withdraw credit facilities at their own discretion at any time.
Orders for Bespoke Products will not be accepted unless accompanied by a deposit of 50% (including any applicable VAT) of the order value. The balance of the order value may be applied to a Customer credit account at the discretion of Mitre.
Payment terms for credit accounts are thirty (30) days from the date on the invoice, unless otherwise agreed.
Mitre reserves the right to charge interest on overdue invoices at the rate of 4% above Bank of England Base Rate, subject to a minimum rate of 8%.
In all other cases, the Customer shall pay for the Products at the time of ordering. Orders can be paid for by debit or credit cards. Mitre accepts MasterCard, Visa, Delta, Switch, Electron and Solo. If the Customer wishes to use an alternative method of payment, such method of payment shall be at the discretion of Mitre.
Products ordered shall not be despatched until full payment is received in cleared funds, except at Mitre's discretion or where the Customer ordered Products with instructions to have the order charged to its credit account/s.
The time of payment of the price shall be of the essence of the Contract.
Products
Mitre reserves the right to make changes to the range of Products offered from time to time, including additions, deletions and changes in specification.
Products are designed for the purposes specified and no warranty is given that they shall be suitable for purposes other than those described in Mitre current website or brochure.
Mitre's employees or agents are not authorised to make any representations concerning the Products unless confirmed in writing by a director of Mitre and the Customer acknowledges that by entering into a Contract it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
While Mitre has made every effort to ensure that Products offered are shown as accurately as possible in its current brochure or website, the Customer should check any details and information they wish to rely on with Mitre at the time of purchase. Mitre cannot accept liability in respect of any errors or omissions contained in its brochures or website or for any loss or damage, malfunction or consequential loss arising from reliance upon these publications. (e.g. variances in colour or specification between any Mitre publications and the actual product supplied).
Whilst Mitre has made reasonable effort to ensure that details and information given in its brochures and website are accurate at the time of issue, full technical specifications are not necessarily included and the right is reserved to alter details and information as the need arises.
Availability
If a product is out of stock or unavailable at the time of ordering, the Customer shall be informed accordingly as soon as reasonably practicable thereafter.
Except for Bespoke Products, if such ordered Product is not available within sixty (60) days of the placement of the order, Mitre shall provide a full refund to the Customer or shall afford the Customer an opportunity to select an alternative Product of the same value.
Any promotional or special offers on Products are only available while stocks last.
Delivery
Delivery of a Customer's order may be made either in a single shipment, or part orders may be shipped, at Mitre's discretion.
Time of delivery is not of the essence and Mitre does not guarantee any delivery times. Mitre will use reasonable endeavours to deliver each of the Customer's orders for the Products within the time advised by Mitre when Mitre accepts an order or if no time is advised within a reasonable time. If Mitre is unable to fulfil any delivery on or by the specified date, Mitre will not be deemed to be in breach of Contract. Any delay in delivery will not entitle the Customer to cancel the order or to receive a refund of any monies paid unless and until the Customer has given 21 days' written notice to Mitre requiring the delivery to be made and Mitre has not completed delivery within that period. The Customer shall have no other remedy in respect of late delivery.
Mitre shall not be liable for any direct, indirect or consequential loss caused by any delays in delivery (including if such delay was caused by Mitre's negligence or default) and shall not reimburse any expenses or other claims made by the Customer.
Unless otherwise agreed at Mitre's sole discretion, all Products ordered by the Customer shall be delivered to the address where the payment card or credit account holder is registered. In the event that the carrier is unable to deliver to the Customer through no fault of either Mitre or the carrier and, either an additional delivery journey is required, or the Products have to be returned to stock, then additional carriage charges and/or handling fees shall be charged to the Customer. (This clause excludes carriage charges for the replacement of defective goods).
Mitre reserves the right to defer the date of delivery or cancel the Contract or reduce the volume of the Products ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Mitre including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lockouts, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the Customer shall be entitled to give notice in writing to Mitre to terminate the Contract.
Returns
If the Customer establishes to Mitre's reasonable satisfaction that there is a defect in the Products or there is some other failure by Mitre in relation to the conformity of the Products with the Contract, then Mitre shall, at its option and at its sole discretion and within a reasonable time:
refund the Customer or replace such Products with products which are in all respects in accordance with the order; or
issue a credit note to the Customer in respect of the whole or part of the price of such Products (and reasonable costs incurred by the Customer returning such Products) as appropriate having taken back such Products. The liability of Mitre under this Condition shall in no event exceed the purchase price of such Products and the reasonable postage /delivery costs incurred by the Customer returning the defective Products; and performance of any one of the above options shall constitute an entire discharge of Mitre's liability.
This Condition shall not apply unless the Customer:
notifies Mitre of the alleged defect within 30 days of receipt of the Product/s; and
affords Mitre a reasonable opportunity to inspect the relevant Products.
If Mitre elects to replace the Products pursuant to this Condition, it shall deliver the replacement Products to the Customer at its own expense at the address to which the defective Products were delivered. Such delivery will be made only after the Customer has returned the defective Products to Mitre. The legal title to the defective Products which are being replaced shall (if it has vested in the Customer) re-vest in Mitre and the Customer shall make any arrangements as may be necessary to deliver up to Mitre the defective Products which are being replaced by Mitre.
Mitre shall be under no liability under the warranty in this Condition:
in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow Mitre's or the manufacturers instructions whichever is appropriate (whether oral or in writing); or
if the total price for the Products has not been paid by the due date for payment; or
in respect of any type of defect or damage specifically excluded by Mitre by notice in writing; or
if the Customer makes any further use of the Products after giving notice in accordance with this Condition; or
if the Products are not returned with the original relevant delivery documentation and in their original packaging.
Bespoke Products cannot be returned unless defective as above.
For returns of standard Products other than those that are defective, Mitre shall also replace these provided that:
they are returned in their original condition, with the original labels, packaging and delivery documentation at the Customer's expense;
they have not been used and are in a re-saleable condition; and
the Customer returns the Product/s to Mitre within seven (7) days from the date of delivery of such Product/s. Mitre shall make a charge of 15% of the value of the Products as a contribution to the cost of handling and re-stocking and shall charge for any delivery of replacement products at the prevailing delivery charge rates.
Samples
Mitre will at its own discretion provide samples on request.
Credit for the return of samples will be applied to the customers account, provided that:
they are returned in their original condition, with the original labels, packaging and delivery documentation at the Customer's expense; and
they have not been used and are in a re-saleable condition; and
the Customer returns the Product/s to Mitre within seven (7) days from the date of delivery of such Product/s.
Cancellation of Orders
If a Customer has contracted as a consumer (ie acting for purposes outside his business) such Customer may cancel a Contract at any time within seven working days beginning on the day after he receives the Products.
In this case, Mitre shall refund the price paid for such Products. Notice of cancellation must be in writing and sent to, The Customer Service Manager, Mitre, Goat Mill Road, Dowlais, Merthyr Tydfil CF48 3TD and the Customer must immediately return the Products to Mitre in the same condition as received at his own cost and risk. This right to cancel does not apply in respect of Bespoke Products.
Except as set out above, Mitre shall be under no obligation to accept cancellation or amendment of any order once accepted by Mitre. Where such cancellation or amendment is accepted by Mitre, Mitre reserves the right to charge a reasonable cancellation or amendment fee.
Risk and Title
Risk in the Products shall pass to the Customer on delivery.
Notwithstanding the above, the Products remain the property of Mitre until the monies due to Mitre for the Products have been paid in cleared funds.
In the event that the Customer
fails to make payment timeously; or
commits a material breach of any term, condition or obligation under this Contract; or
has any judgement taken or levied against it, is deemed unable to pay its debts with the meaning of Section 123 of the Insolvency Act or otherwise; has its property ceased or charged; or in the case where a Corporation goes into liquidation or has a receiver of the Customer or Administrator appointed; Mitre may, without prejudice to any other rights and remedies available, by notice in writing, enter any premises to recover the Products and take any other necessary steps.
Export Terms
Where the Products are supplied for export from the UK the following shall (subject to any special terms agreed in writing between the Customer and Mitre) apply notwithstanding any other provision of these Conditions.
The Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
Payment of all amounts due to Mitre shall be made before delivery.
Mitre shall provide the Customer with a quotation for delivery at the time the order is placed.
Liability of Mitre
The warranties set out in these Conditions are the only warranties which shall be given by Mitre and to the fullest extent possible at law all warranties, conditions and other terms implied by statute or otherwise are expressly excluded (other than the conditions implied by section 12 of The Sale of Goods Act 1979).
The total liability of Mitre in contract tort or otherwise in respect of any Products supplied under any Contract shall be limited to the price of such Products unless expressly stated otherwise in these Conditions.
Mitre shall not be liable to the Customer for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) which arises out of or in connection with the Contract, or for any liability incurred by the Customer to any other person for any economic loss, claim for damages or awards howsoever arising from the Products or otherwise.
Nothing in these Conditions shall limit or exclude Mitre's liability for negligence causing death or personal injury, under section 2
of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation, or for any matter which it would be illegal for Mitre to exclude or attempt to exclude and nothing in these Conditions shall affect any statutory rights available to anyone dealing as a consumer. (as defined in Section 12 of the Unfair Contract Terms Act 1977 (as amended) or under the Consumer Protection (Distance Selling) Regulations 2000.
Unless Mitre has agreed to offer fitting services under a quotation, Mitre has no responsibility for the actions of the Product fitters and shall not be liable to the Customer for any loss or damage caused by Product fitters (whether to Mitre's Product or to the Customer's property) and the Customer shall seek to recover any such loss or damage directly from the Product fitter.
Privacy
Mitre shall at all times comply with its obligations under the Data Protection Act 1998.
Assignment
Mitre may assign any Contract or any part of it to any person firm or company.
The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of Mitre.
General
Any failure or delay by Mitre in enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
If any provision of these Conditions is held by any competent authority to be to be invalid or unenforceable in whole or in part, the validity of the other provisions in question shall not be affected thereby.
Mitre reserves the right to amend these Conditions from time to time. A copy of the current Conditions is always available from Mitre upon request.
Orders placed are subject to the Conditions prevailing on the day the orders are placed.
Notices
All notices given by the Customer to Mitre must be given to The Customer Service Manager, Mitre, Goat Mill Road, Dowlais, Merthyr Tydfil CF48 3TD. Mitre may give notice to the Customer at either the email or postal address the Customer provides to Mitre when placing an order or the place of business of the Customer. Notices shall be deemed to have been received 24 hours after an email is sent or 48 hours after posting (5 days if posted outside the UK).
Jurisdiction
These Conditions and any Contract shall be governed by and construed according to the Laws of England. Any dispute shall be subject to the exclusive jurisdiction of the Courts in England and Wales save that Mitre may take proceedings in respect of any Contract in any country.
Mitre's Details
Mitre are a trading division of Nisbets, registered in England under the registration number 10131682, with its registered office at Fourth Way, Avonmouth, Bristol, BS11 8TB VAT No. GB 328 7767 56.
