TERMS AND CONDITIONS OF SALE - CONTENTS:
In these conditions “the Supplier” means Farball Coatings (UK) Ltd. “the Buyer” means any company, firm or individual from whom the Supplier receives an order which the Supplier has accepted in writing or verbally; “the goods” means the products, materials and/or services to be supplied by the Supplier.
2. APPLICABILITY OF CONDITIONS
2.1 The Supplier accepts orders for the supply of goods subject only to these conditions. The Buyer accepts that these conditions shall govern relations between himself and the Supplier to the exclusion of any other terms including, without limitation, conditions and warranties (written or oral, express or implied) even if contained in any of the Buyers documents which purport to
provide that the buyer’s own terms shall prevail.
2.2 No variations or qualifications of these conditions or of any quotation or order arising there from shall be valid unless agreed in writing between the parties.
2.3 Any concession, latitude, or waiver allowed by the Supplier or the Buyer at any time shall not prevent the Supplier or the Buyer subsequently exercising their full rights under these conditions in other respects.
2.4 No agent or salesman of the Supplier has authority to give any guarantee or warranty on behalf of the Supplier or to transact business other than on the terms of these conditions.
3. QUOTATIONS AND ACCEPTANCE
3.1 Quotations whether written or oral do not constitute an order by the Supplier and no order shall result in a binding contract until accepted by the Supplier. The Supplier may at any time refuse to accept any order placed as a result of any quotation. All prior correspondence and oral communication shall be regarded as superseded and not forming part of the contract.
3.2 All orders must be paid in full before acceptance by the supplier.
3.3 Any order placed by the Buyer must be accompanied by sufficient information to enable the Supplier to proceed forthwith; otherwise the Supplier shall be at liberty to hold any order until such time as all necessary information has been provided.
3.4 The Buyer warrants that all information and data supplied by him or his agent or representative to the Supplier shall be accurate and comprehensive for the purpose of performance of the contract.
4.1 Unless fixed prices have been specifically agreed by the Supplier, notwithstanding any offer, quotation, tender price or price list; all prices are subject to alteration without notice and goods will be at the prices displayed on the website at the time of order.
4.2 All prices include packing and delivery unless otherwise stated and are quoted inclusive of Value Added Tax (“VAT”) and any other duty, tax or surcharge (collectively “Taxes”) and invoiced at the rate applicable on the tax point date, which date shall be the date of the invoice.
4.3 All prices quoted by the Supplier are based upon these conditions and reflect the limitations on the Suppliers liability, which they contain.
5. CANCELLATION & RETURNS
Private United Kingdom customers have certain cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000. For full details the Regulations should be consulted.
5.1 The right to cancel must be exercised on or before the end of the seventh working day following the day after delivery of the goods.
5.2 Any customer wishing to exercise this right must notify the supplier at either of the following addresses: In writing to Farball Coatings (UK) Ltd. Unit 3, Park House, Hookstone Park, Harrogate, HG2 7DB or by E-Mail to email@example.com or firstname.lastname@example.org
5.3 As a further condition of the right to cancel customers must arrange (at their own expense) to return the goods in a saleable condition at the address referred to in 5.2 above ASAP. (If the supplier pays the return cost this will be deducted from any refund). The goods will be deemed returned when actually received in good condition by the supplier at the said address.
5.4 Pending the return of the goods they must be kept in good & clean condition.
5.5 Cancellation will only be agreed to by the Supplier on condition that the Buyer will pay all costs and expenses incurred by the Supplier up to the time of the cancellation and all other profits and other loss or damage resulting to the Supplier by reason of such cancellation.
5.6 Goods returned to the Supplier without the Suppliers consent will under no circumstances be accepted for credit.
5.7 Customers shall be entitled to a refund (less any charges referred to) on full compliance with the foregoing.
5.8 Any goods tinted, made or altered to customer’s specifications are excluded from the right to cancel.
5.9 Other than returns in accordance with paragraph 5 above, we reserve the right to charge a 15% handling charge where we accept the return of any goods.
6.1 Unless otherwise specified in the Supplier’s quotation, all packing materials are included in the contract price.
6.2 The manner of packing shall be at the discretion of the Supplier. No liability will be accepted for failure to pack to any particular risks unless the requirement for such packing is specifically brought to the attention of the Supplier, accepted by it and paid for by the Buyer.
7.1 All descriptions and illustrations contained in the suppliers catalogues, price lists and other advertisement matter are intended merely to present a general idea of the goods described therein, and non of these shall form part of any contract.
8.1 If the Supplier by arrangement with the Buyer transports the goods to any destination or procures a third party to do so, delivery shall occur when the goods arrive at the designated point of delivery.
8.2 The Buyer shall, where required in addition to the purchase price, pay to the Supplier its expenses in connection with such transportation and the Supplier shall deliver to the Buyer an invoice showing separately particulars of such expenses.
8.2 The supplier shall use all reasonable endeavours to meet time limits for dispatch, delivery or completion of the contract, but any such periods of time quoted or accepted by the Supplier are to be treated as estimates only, not involving the Supplier in any liability to the Buyer in respect of loss suffered as a result of failure to dispatch, deliver or complete within such period of time. No delay shall entitle the buyer to cancel the contract or refuse to accept delivery at any time.
9. GOVERNMENTAL REGULATION
9.1 The Supplier’s quotation and the contract shall at all times be subject to all relevant laws, regulations and acts of governmental authority of the Government of the United Kingdom or other relevant country (and in particular to the Supplier gaining all necessary approvals and licences with respect to the export of the goods) and the Supplier shall be under no liability whatsoever for any failure to perform the contract in any respect which is due to its compliance with any such laws, regulations or acts (or its failure to gain any such approvals or licences).
10.1 The Buyer must inspect all goods immediately on delivery. In no case shall a claim in respect of any: Damage to or short supply of the goods be considered by the Supplier where the Buyer has signed the Supplier’s or carriers delivery note indicating that the goods were not damaged or in short supply on delivery. Where the Buyer does not sign a Supplier’s or carrier’s delivery note, in no case shall a claim in respect of any damage to the goods during delivery or short supply or similar matter be considered by the Supplier unless such claim is made in writing to Farball Coatings (UK) Ltd or by E-Mail to email@example.com or firstname.lastname@example.org 24 hours from the time of delivery.
10.2 Where a fault or error in quality or description or similar matter is suspected, no claim will be considered unless such claim is made in writing within 30 days from the time of delivery signed by the Buyer and giving full particulars of the goods.
10.3 If no claim is made in accordance with the provisions of clause 10.1 above, the buyer shall be deemed to have accepted the goods.
10.4 The Suppliers liability hereunder in respect of any shortage, loss or damage to the goods shall be limited to the proportion of the price attributable to the goods undelivered, lost or damaged. In no circumstances shall the Supplier be liable for any indirect and/or consequential loss, however caused.
11. PAYMENT TERMS
11.1 Unless otherwise agreed in writing payment shall be due in full at the time of ordering and must be paid by secure on line link through Paypal at that time.
12. RISKS AND TITLE
12.1 Risk in goods supplied to the Buyer under the contract shall pass at the time the goods leave the premises of the Supplier, or if the Supplier is responsible for delivery, at the time when the goods arrive at the designated point of delivery
13.1 The Buyer assumes responsibility for the capacity or performance of the goods being sufficient and suitable for their intended use.
13.2 The sole and exclusive warranty of the Supplier is that the goods will be free from defects in materials and workmanship. The supplier shall repair or replace any goods, which are found to be defective in materials or workmanship within 3 months from the date of delivery. Any repaired or replaced goods shall be delivered free of charge to the original point of delivery but otherwise in accordance with and subject to these conditions.
13.3 The Supplier shall be under no liability:
If the supplier has not been notified of the defect within 3 days of it becoming apparent or
for any defect due to fair wear and tear, negligent use, improper handling, improper storage or subject to any process or experiment subsequent to delivery
13.4 The Supplier’s liability under this clause shall be in lieu of any express or implied warranty or condition implied by law as to the quality or fitness for any particular purpose or performance of the goods.
14. TERMINATION BY THE SUPPLIER
15.1 The Supplier shall (without prejudice to any of its other rights hereunder) be entitled to terminate any contract forthwith by written notice to the Buyer if the Buyer shall:
Commit a breach of any term of the contract or any other contract with the Supplier
15. LIMITATIONS OF LIABILITY
15.1 Once the buyer has accepted the goods under the provision of clause 10 the Supplier shall not be liable for any expenditure, loss, damage or injury in any manner whatsoever whether arising in contract, in sort, in misrepresentation or otherwise, (including without limitation economic, indirect and consequential loss) damage or injury (other than for death or personal injury arising out of negligence) arising out of any use or dealing with the goods howsoever such expenditure, loss, damage or injury shall arise and whether from any defect in the goods or otherwise.
15.2 The Buyer shall indemnify the Supplier against all and any claims, costs, actions or demands whatsoever and however arising made by any third party (including the Buyers employees). Whether direct or indirect including without limitation those related to the use of the goods and those arising as a result of the operation of the Consumers Protection Act 1987.
15.3 Technical and practical information and advice given by or on behalf of the Supplier any employee of the Supplier or contracted consultant whether verbal or in writing (including on this web site), is for guidance only and is given in good faith but without warranty. Since skill of application, workmanship and site conditions are beyond the control of the Supplier.
The supplier can accept no liability for the performance of goods supplied arising out of such use, beyond the value of the goods supplied.
15.4 The Supplier’s liability under these conditions shall in no circumstances exceed the price of the goods.
16. FORCE MAJEURE
In the event of the Supplier being delayed in or prevented from performing its obligations hereunder owing to any cause whatsoever beyond the Supplier’s control including without limitation act of God, war, strikes, lockouts, trade disputes, fire, explosions, breakdown or any other cause. The Supplier will not be liable for any loss, damage or expenses incurred and shall be at liberty to cancel or suspend the contract for the period during which such cause exists without incurring any liability arising there from.
17. GENERAL AND LAW
17.1 This contract represents the entire agreement between the parties and supersedes all earlier warranties, representations, statements or agreements (whether oral or in writing).
17.2 All notices of whatsoever nature shall be in English in writing (including telex and confirmed telefax) to be effective and shall be deemed to have been given 24 hours after dispatch.
17.3 This contract shall be construed and interpreted in accordance with English Law.