Terms and conditions
MANE UMBRELLAS LIMITED Terms & Conditions
1. GENERAL
1.The unenforceability of any clause within these Terms and Conditions of Sale shall not affect the enforceability of any other clause.
2. The waiving by Seller of any clause within these Terms and Conditions of Sale shall not indicate a waiver by Seller of any other clause.
3. There shall be no binding contract between Seller and Buyer until Buyer’s order has been accepted in writing by Seller.
4. These conditions shall apply to the exclusion of all other terms, including any standard terms of Buyer, except as agreed in writing by Seller. Acceptance of the goods shall be deemed to indicate Buyer’s agreement to these conditions.
2. PRICE & CARRIAGE
1.The prices quoted are valid for all orders placed on or after 1st November 2017 until such time as Seller issues a revised price list. Seller shall be entitled to amend its price list from time to time without notice.
2 .Prices quoted are in pounds sterling and are exclusive of the cost of delivery and Value Added Tax (VAT). Standard carriage is charged on all orders unless specifically agreed. Prices quoted are for standard Carriage which is a next day service to most mainland UK addresses, excluding postcodes to which our carriers either do not operate a next day service or impose a surcharge to deliver next day. These areas vary but often include the Scottish Highlands and other remote areas. Carriage to such areas and to non-mainland addresses will be subject to surcharge, as will Timed, Saturday and Same Day deliveries.
4. Samples are charged for at the quoted unit price unless specifically agreed by the Seller. Postage costs for samples are also chargeable.
5. In the event of cancellation of an accepted order, Buyer will be charged for all costs incurred up to the date of receipt of the cancellation by Seller.
3. PAYMENT
1.Payment shall be made no later than 30 days from date of the invoice and time of payment shall be of the essence of the contract.
2. Seller reserves the right to charge interest of 2.5% monthly on accounts that are not settled within Seller’s terms of trading.
3. Unless otherwise agreed, all accounts are net of the cost of delivery and are exclusive of VAT. 4. Seller reserves the right at any time to demand full or partial payment before proceeding further with any order.
4. DELIVERY AND RISK
1.Lead times quoted are from date of approval of artwork proof. Any times quoted for delivery are estimates only and Seller shall not be liable for failure to deliver within the time quoted. Time of delivery shall not be of the essence, unless specifically stated on Buyer’s written purchase order.
2. Delivery of the goods to the stipulated place of delivery or to a carrier nominated by Buyer, whichever is sooner, shall constitute delivery to Buyer.
3. Discrepancies and damage apparent at the time of delivery must be noted on carriers receipt note and notified to Seller in writing. Other discrepancies or damage in transit must be notified to Seller in writing within seven (7) days after receipt of invoice.
6. Seller will endeavour to deliver exact quantities but reserves the right to over or under deliver by up to 5% of the quantity ordered.
5. TRANSFER OF TITLE
1.All risk in the goods shall pass to Buyer on delivery.
2. Title in the goods shall remain with Seller until Seller has received payment in full of the price and any additional sums due under contract.
3. Buyer shall store the goods in such a way that they can be identified as Seller’s property. If Buyer shall sell or otherwise dispose of or shall make any insurance claim in respect of the goods prior to making payment in full of them, he shall do so as principal and not as agent for Seller and shall not give any warranties or incur any liability on behalf of Seller. The proceeds of any such sale or other disposition (or claim thereto) as well as the proceeds of any insurance claim made by Buyer in respect of the goods belong to Seller to the extent of all sums due to Seller in respect of the goods.
4.Failure by Buyer to make all payments when due shall give Seller the right without prejudice to any other remedy of Seller, to repossess the goods without prior notice and to enter any premises for the purpose of such repossession.
6. GUARANTEE AND LIMITATION OF LIABILITY
1.Seller guarantees that upon delivery the goods will be free from defects caused by faulty materials or poor workmanship. Under this guarantee Seller will at its option either repair, replace or give credit to Buyer for any goods found to be so defective provided that:
a) Seller is notified in writing within 7 days of becoming aware of any defect.
b) The defective goods are returned to Seller.
c) Examination of the goods by Seller reveals to its satisfaction that such defect exists and has not been caused by misuse, neglect, accident, improper storage or handling or by repair or alteration not effected by Seller.
2. Save as expressly set out above, Seller shall be under no liability whatsoever whether in respect of negligence or otherwise in connection with the goods or this contract. All conditions, warranties or other terms, whether implied, statutory or otherwise are hereby excluded, provided that nothing in this paragraph shall restrict any liability of Seller for negligently caused death or personal injury.
7.FORCE MAJEURE
Without prejudice to any other of these conditions, Seller shall be under no liability for delay or non performance of any obligations hereunder due to any circumstances whatsoever beyond the control of Seller including, but not limited to, earthquakes, floods, hurricanes, wars, riots and civil disorder.
8.BUYER’S BREACH AND FINANCIAL SITUATION
If the Buyer shall be in breach of any of its obligations hereunder or under any other contract with Seller or if at any time Buyer’s financial condition does not in Seller’s unfettered judgement justify continuance of this contract on the terms of payment agreed, Seller may, without prejudice to any other rights and without and liability whatsoever to Buyer, cancel any outstanding part of the contract or suspend any deliveries until such time Buyer shall provide security satisfaction to Seller for the performance of all obligations to Seller.
9. NOTICE
Any notice required or permitted to be given by either party to the other under these Terms And Conditions Of Sale shall be sent by first class post or facsimile transmission to that other party at its registered office or principal place of business or such address as may at the relevant time have been notified pursuant to this provision to the party giving that notice.
10.JURISDICTION
These Terms and Conditions Of Sale and any contract to which they apply shall be governed by and construed in accordance with English law, and the courts of England shall have exclusive jurisdiction to hear all disputes arising in connection with them
