TERMS & CONDITIONS
1. All quotations are given, all orders accepted and all goods and services are supplied under the following conditions, which supersede and prevail over any items or conditions proposed or stipulated by the Customer. Notwithstanding anything continued or included in such terms or conditions proposed or stipulated by the Customer (whether or not such terms or conditions contain or include provisions identical or similar to anything continued in these conditions) no such terms or conditions proposed or stipulated by the Customer shall be incorporated in or relied upon in connection with any contract between the Customer and the Company.
2. In the conditions the “Company” means DECORATIVE CLADDING SUPPLIES LTD and “Customer” means the person or Company in receipt of the conditions.
3. These conditions shall not be capable of any variation of whatsoever nature unless in writing signed by a Director of the Company and no servant or agent of the Company other than a Director has any authority to vary these conditions.
4. All quotations are based on the cost of production prevailing on the day of their date and remain firm for 30 days from that date. The company reserves the right and shall be entitled to increase any price quoted to the Customer in respect of any increase in the cost of material, labour, carriage of transport, or in respect of any other increase in costs however caused. In any case where the Company is entitled to increase the price quoted to the Customer by reason of any matter herein before mentioned, it shall also have the right and be entitled to increase its charge to cover overheads by such amount as it sees fit.
5. Where overtime is worked at the request of the Customer the Company shall unless such overtime is specifically provided for in the quotation is entitled to increase the price quoted to the Customer in respect of any extra costs incurred by the Company by reason of such overtime. In the conditions “overtime” shall mean and include any such time worked on Saturdays, Sundays and bank holidays.
6. All prices are unless otherwise stated inclusive of UK Value Added Tax or any similar taxes, levies or duties. For consignments going outside the UK prices will be quoted exclusive of UK VAT and the aforementioned taxes.
7. In the event that after communication to the Company of the Customer’s order the Customer varies its requirements, the Company reserves the right to charge the Customer for any extra work or materials required by reason of such variation at the cost thereof prevailing at the time of delivery and the Company accepts no liability for the result of such variation and shall not be liable for any loss, damages or expenses consequent upon the variation requested by the Customer.
8. Until a credit account in the Customer’s name has been approved in writing by the Company, invoices will be issued by the Company to the Customer on a Pro Forma basis, that is, payment must be made by the Customer to the Company before delivery by the Company or collection by the Customer (as the case maybe) of the order. On receipt of payment by the Company, a tax invoice will be forwarded by it to the Customer.
9. Without prejudice to the generality of Condition 1, during such time as a credit account is maintained by the Company in the name of the Customer, all orders from the Customer will be accepted and all goods and services will be supplied by the Company to the Customer under these conditions not withstanding anything contained or included in and terms or conditions proposed on stipulated by the Customer (whether or not such terms or conditions contain or include provisions identical or similar to anything contained in these conditions) and no such terms or conditions proposed or stipulated by the Customer shall be incorporated or relied upon in connection with contract between the Customer and the Company.
10. Credit accounts are strictly net and are payable at 15 days after the end of the month of invoicing. Thereafter the Customer shall unless otherwise agreed in writing, be obliged to pay the Company interest on any balance outstanding at the annual rate of 5 % from time to time in force until payment shall have been made.
11. (a) Without prejudice to the Customers obligation to pay interest in accordance with Condition 10, if by 15 days after the end of the month of invoicing the Customer shall have failed to pay the full amount due any credit facility which may have been granted or extended by the Company to the Customer may be revoked.
(b) From and after the time of such revocation, all work which has been carried out by the Company for the Customer and is still in the Company’s possession, or which is in the course of being carried out by the Company for the Customer will be treat and dealt with strictly on the Pro Forma basis specified in Condition 8 and will not be released to the Customer until full payment of all outstanding invoice/s addressed to the Customer is received by the Company.
(c) Not withstanding any provision for credit herein or in any other agreement continued, the Company shall be entitled to a general lien on all goods of the Customer in the possession or control of the Company whether under any agreement relating to such goods or any agreement otherwise.
(d) The legal title to, and property in, all goods supplied by the Company is reserved to the Company until the full purchase price has been paid in full.
12. If the Customer fails to pay any account by the date it falls due, without prejudice to the generality of Conditions 11, the Company may stop any work being done by it pursuant to any contract between it and the Customer and, after giving 30 days notice in writing to the Customer shall be entitled to sell sufficient of any of the Customer’s goods in the Company’s possession to discharge any such overdue account, provided always that the Company will not retain monies arising on any such sale in excess of the full amount of such overdue account.
13. Time is not of the essence of any contract between the Company and the Customer. Any delivery dates quoted or specified shall be treated as estimates only and are not guaranteed and do not form a term of any contract and notwithstanding that every reasonable effort will be made by the Company to meet such dates, the Company shall not be liable for any loss, damages or expenses consequent upon any delay in delivery of goods or completion of services.
14. The Company shall have no liability whatsoever in respect of any defect on or damage to or non delivery of any goods unless: (a) The Customer has notified the Company immediately by telephone and confirmed in writing of the alleged defect or damage within 3 days after the delivery to the Customer of the allegedly defect or damaged goods or in the case of non delivery notified the Company thereof in writing within 14 days of date of invoice. (b) The Customer has not begun to erect, assemble and/or use any allegedly defective or damaged goods. (c) The Customer on receiving the goods has endorsed the delivery driver’s paperwork to allege any defect on or damage to the goods.
15. In the absence of negligence or wilful default by the Company its servants or agents (as to which negligence or wilful default the burden of proof shall be on the Customer) neither the Company nor its servants or agents shall be liable for damage or injury to or loss or theft of the Customer’s goods whilst the same are at the Company’s premises or on the Company’s vehicles.
16. (a) The Company will not be responsible for any indirect or consequential loss whatsoever and however arising.
(b) Without prejudice to Condition 16(a), the Company will not be responsible for any loss or damage whether consequential or otherwise caused in whole or part by any alleged defect in or damage to goods once the Customer has begun to erect, assemble and/or use the same.
(c) The liability of the Company in respect of any defect on or damage to or non delivery of any goods shall be satisfied if the Company at its expense reprocess or as the case may be replace any goods proved by the Customer to the reasonable satisfaction of the Company to be defective or damaged or as the case may be missing or if (at its option) the Company make an allowance to the Customer equal to twice the processing cost of the damaged, defective or undelivered goods as invoiced by the Company to the Customer, in no case shall the liability of the Company exceed twice the processing cost of the damaged, defective or undelivered goods as invoiced by the Company to the Customer.
17. If part of an order is delivered to a Customer, the Customer shall be liable to make payment in respect thereof as provided herein as though it was a separate order.
18. These conditions and any contract between the Customer and the Company are governed by English Law and the English Courts alone shall have exclusive jurisdiction.
Refunds & Returns Policy
We understand that from time to time you may wish to return a product to us.
We have created this 30 day returns policy to enable you to return products to us in appropriate circumstances.
Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where:
(a) We receive the returned product within 30 days following the date of delivery of the product, and you have checked the goods for faults or problems and can inform us within 24 hours of the issue.
(b) The returned product is unused, in its original [unopened] and otherwise in a condition enabling us to sell the product as new.
Decorative Cladding Supplies Ltd will not contribute to the cost of carriage or refund carriage price paid unless the fault with the order or goods lies with Decorative Cladding Supplies Ltd.
We will give you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy. Any refund will only be returned by us to the original payment method.
Where you return a product in contravention of this policy (and where you do not have any other legal right to return the product):
(a) We will not refund or exchange the product;
(b) We may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product.