Terms & Conditions
TERMS AND CONDITIONS OF SALE
IMPORTANT YOU SHOULD READ THIS CAREFULLY These Terms and Conditions of Sale are the only ones which shall apply unless statutory rights are provided or to be implied into this agreement for sale.
1. For the purpose of this document the following expressions shall have the meaning assigned to them below:-
a) “The Seller” means T.M. Clothing plc and all subsidiary or associated companies
b) “The Buyer” shall mean the individual or company in whose name the order is made out.
c) “The Goods” shall mean the items ordered by the buyer as described on the reverse hereof.
2. Unless otherwise agreed in writing by the Seller these conditions which supersede any earlier sets of conditions appearing in the Seller’s catalogues or elsewhere shall override any terms or conditions stipulated incorporated or referred to by the Buyer whether in the order or in any negotiations and all guarantees warranties or conditions (including any conditions as to quality or fitness for any particular purpose) whether express or implied by statute common law or otherwise are excluded and hereby negatived.
3. All quotations are strictly net cash against invoice unless otherwise stated and are exclusive of Value Added Tax or any similar taxes levies or duties.
4. GOODS SUPPLY SPECIFICATION
The goods are supplied in accordance with the specification (if any) submitted to the Buyer and any additions and alterations shall be the subject of an extra charge. Any not so specified shall be in accordance with the Seller’s printed catalogue or the catalogues of the Seller’s suppliers (subject to any modifications made since publication). If the Seller adopts any changes to the or design of the goods or the specification thereof the Buyer shall accept the goods so changed in fulfilment of the order.
The quoted price for the goods may be varied by additions upwards by the Seller in accordance with market conditions at the date of the actual supply and the Buyer shall pay such additions in addition to the quoted price. Without prejudice to the generality of the foregoing market conditions shall include any increase in the cost of labour and/or materials operation and/or transport.
6. COLLECTION OF GOODS
The Buyer at his own expense shall make proper provision for the transport and/or collection of the goods from any station or such other place to which they may be sent by the Seller.
7. TIME FOR DELIVERY
Any time or date named by the Seller for delivery is given and intended as an estimate only and the Seller shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery.
8. ACCEPTANCE OF DELIVERY
Delivery shall be taken by the Buyer within the period (if any) named in the quotation or sales order and such full details as may be necessary (or required by the Seller) to enable the Seller to complete delivery within such period shall be supplied by the Buyer. If for any reason the Buyer is unable to accept delivery of the goods at the time when the goods are due and ready for delivery the Seller shall if their storage facilities permit store the goods and take all reasonable steps to prevent their deterioration until their actual delivery and the Buyer shall be liable to the Seller for the reasonable cost (including insurance) of their so doing. This provision shall be in addition to not in substitution of any other payment or damages for which the Buyer may become liable in respect of his failure to take delivery at the appropriate date.
9. QUANTITY DELIVER
The Seller reserves the right to under/over deliver 5% of the actual quantity ordered by the Buyer. Only the quantity delivered will be invoiced.
10. NON-ACCOUNT SALES
(Where no account facilities exist) No order will be deemed to have been accepted by the Seller unless paid in full at the time of placing the order.
11. ORDER ACKNOWLEDGEMENT
Orders will be acknowledged by is in writing by email, fax or first class post. If we do not hear from you within 48 hours after issuing the acknowledgement we will proceed with the order on the assumption that we have interpreted your requirements correctly. Any corrections or adjustments should be advised to us in writing within 2 days after the issue of the acknowledgement.
Cancellations will not be accepted by the Seller if work has been started or completed.
Any complaints regarding goods delivered must be made in writing to the Seller on webiste within five days from the date of delivery and no responsibility or liability is accepted for complaints submitted other than in this manner or in excess of this period.
The Seller shall not be liable for indirect or consequential loss, personal injury or damage to property or for any loss to the Buyer arising from third party claims occasioned by errors in carrying out the work or by delay in delivery or otherwise however so arising or caused.
The Seller reserves the right to subcontract the fulfilment of the order or any part thereof.
a) Until such times as the goods have been fully paid for title to the goods will remain vested in the Seller. The Seller may without prior notice or liability and without prejudice to any other legal remedy repossess unpaid goods. The goods will from time of delivery be at the Buyer’s risk.
b) The Seller reserves the right to dispose of any decorated goods that for any reason whatsoever are not delivered or collected by the Buyer.
c) If full payment is not received, the Seller may take possession of the goods and enter the Buyer’s premises for this purpose. The Buyer must ensure that all goods are properly maintained in the condition that they were purchased and make good any damages or deterioration Goods should be stored in such a way that they are identifiable as the property of the Seller and be easily removable if required.
17. SUSPENSION OF DELIVERIES
Should default be made by the Buyer in paying any sum due under any order as and when it becomes due the Seller shall have the right to suspend all further deliveries until the default be made good or to cancel the order so far as any goods
remain to be delivered thereunder.
Neither the buyer nor the Seller shall be bound by any variation waiver or addition to the conditions except as agreed by both parties in writing and signed on their behalf.