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Terms and Conditions of Sale and SupplyIn these conditions the following terms mean:
The headings in the conditions are for convenience only, and shall not affect their interpretation. GENERAL
The company shall sell and the purchaser shall purchase the goods at a price determined in accordance with the condition. Any contract shall automatically incorporate the conditions which shall prevail over any other conditions attached to any order or an acceptance or other written or oral information not withstanding any conditions there in to the contrary and any such other condition shall not form any part of any contract between the purchaser and the company. The waiver or variation of any of the conditions at any time by the company shall constitute a waiver or variation for the purposes of that particular transaction only and to no other transaction between the company and the purchaser unless expressly agreed in writing by the company and any of the other conditions not specifically waived or varied shall remain in full force and effect. No alteration to the conditions will be accepted all implied unless expressly agreed in writing by the company. QUOTATIONS ORDERS AND PRICES
All quotations by the company are subject to the conditions. The price of the goods shall be the companies quoted price at the time of the order, save that the company reserves the right, at any time before delivery, to vary the contract price for goods if there is any imposition of government tax, rise in cost of raw materials or labour, or if the cost of providing the goods is increased by any other factor beyond the control of the company. The quoted price for goods is exclusive of VAT. The company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable statutory or EC requirements or which do not materially affect their quality or performance. Ashwood Leather and Marta Ponti handbags and accessories, are manufactured specially to order and therefore any cancellation by the purchaser must be made to the company in writing within 2 weeks of placing the order. Cancellation will only be considered cancelled upon receipt of confirmation form the company to the purchaser. Cancellation after this period will be at the discretion of the company and full costs may be applied to the purchasers account. Any orders placed outside of the UK will be subject to 30% of the order value (excluding shipping cost) at the time of placing the order and the remaining 70% prior to delivery. Shipping is at the responsibility of the purchaser for this type of order but can be arranged by the company but will be charged to the purchaser. PAYMENT
Each invoice is to be paid according to the payment terms specified on it. Unless otherwise stated on the invoice payment must be made within 30 days of the date of invoice and in pounds sterling. The company reserves the right to charge interest on all overdue payments. Interest will be charged at a rate of 2% per month (24% APR). Unless otherwise specified there will be a 2.5% discount on the amount due of the goods if payment is received by the company within Time shall be of the essence with regard to all payment. In no event shall the purchaser be entitled to make any deduction from any payment for an order due to the company in respect of any set-off or counterclaim, unless both the validity and the amount thereof have been admitted in writing by a Director of the company. DELIVERY
While the company will make every effort to effect delivery in accordance with any quoted dates or periods, no guarantee is implied as to delivery dates nor will be company be liable for and loss or damage arising from delays in delivery how so ever caused and whether with respect of the whole or part of an order a delay in deliveries or installments. Where a contract involves more than one delivery the condition shall apply to each and every delivery. In the absence of specific delivery instructions from the purchaser, the company will deliver the goods by the method which in its opinion is most suitable. The company will charge carriage of £10 for delivery of each box by any goods carrier. The company will charge carriage in Northern Ireland, Isle of Man, Channel Islands and Scottish Highlands of £20 each box for delivery. The company will charge carriage in Southern Ireland (Eire) of 35 Euros per box. RISK OF LOSS OR DAMAGE
The risk of loss or damage to the goods shall pass to the purchaser on dispatch of the goods form the companies or its warehousing agents or carriers premises. CLAIMS AND LIABILITIES
Except in the case of death or personal injury caused by the companies negligence the company shall not be liable for any direct loss or damage attributable to defects in goods or in respect of conditions or warranties whether express or implied by statute or at common law which have not been confirmed by the company in writing. Except in the case of death or personal injury caused by the companies negligence the company shall not be liable for any consequential loss or damage attributable to defects in goods or in respect of conditions or warranties whether express or implied by statute or at common law which have not been confirmed by the company in writing. Without prejudice to the full going, goods represented by purchaser to the defected will, if returned unused to the company and excepted by the company as defective be repaired so as to be as originally ordered or at the option of the company the net cost will be credited to the purchaser’s account or purchaser will receive a replacement. Any complaint of damages, short delivery or loss in transit must be made to the company within 3 days of delivery to the purchaser. TITLE OF GOODS
Ownership of all goods supplied or made available to the purchaser or its nominated representatives is transferred to the purchaser only when full payment is received by the company for the goods and any other sums due to the company by the purchaser, howsoever incurred. Until full payment is made, the purchaser holds the goods as fiduciary agents and bailee for the company and shall keep the separate from those of the purchaser and third parties and properly stored, protected and insured and identified as the companies property, but the purchaser shall be entitled to resell or use the goods in the ordinary course of its business. If payment is overdue under the contract or any other contract between the company and the purchaser (in either case in whole or in part), the company may recover or recall the goods or any part of them and may enter the purchaser’s premises for this purpose. If the purchaser makes any voluntary agreement with its creditors or (being an individual or firm) become bankrupt or (being a company) becomes subject to an administration order or goes into liquidation or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the purchaser, then all the monies under any contract shall become immediately due and payable. FORCE MAJEURE
No liability will be accepted for any failure of or delay in performance where performance is wholly or partially delayed, hindered or prevented by any circumstances which is not within the companies immediate control (including but with limiting the generally of the forgoing) strikes, lockouts, labour disputes of any kind, fire, accidents, breakdown of plant, delay of interruption of transport, unavailability of materials, wars hostilities, or any local or national emergency, compliance with any order or request of a government or other public authority or force majeure of any kind. SEVERABILITY
If any provision of the conditions is held by a competent authority to the invalid or unenforceable in whole or in part, the validity of the other provisions of the conditions and the remainder of the provision in question shall not be affected. LAW OF CONTRACT
The interpretation of performance of the contract and conditions shall be constructed in accordance with and governed by English Law and shall be subject to the non-exclusive jurisdiction of the English Courts. |
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