Terms & Conditions
SWARTON GIFT SALES
TERMS AND CONDITIONS OF SALE
All orders are accepted subject to these conditions by ordering any goods from Swarton Gift Sales - (“The Company”) - The Buyer will be deemed to agree that these conditions of sale shall form the basis of the contract made in respect of the said goods.
- (a) All quotations are subject to withdrawal or amendment at any time prior to confirmation by “The Company” of an order for goods referred to therein and is also subject to availability at the time of acceptance of order.
- Where a Buyer places an order for which “The Company” has made no previous quotation in respect of the goods concerned, such orders are subject to written acceptance by “The Company”.
- Clerical errors are subject to correction.
All measurement and descriptions are approximate and for guidance only. Illustrations are reproductions of originals. “The Company” reserves the right to make alterations which are of equivalent or higher quality.
- Where the quantity ordered is less than that quoted for, or delivery is ordered in installments less than those specified in the quotation, the prices are subject to adjustments by “The Company”.
- Prices are subject to revision in the event of any increase in manufacturing cost or other cost required to fulfill the order, between the date of confirmation of order and date of delivery to buyer.
- Unless otherwise stated by “The Company” in writing, all prices are exclusive of Value Added Tax or any similar tax, levy or duty.
- Prices may be subject to change.
- E & OE
5. ADDITIONAL PROCESSING
All items are supplied as a finished product and whilst these may be suitable for further engraving, decorating, cutting or other such processing “The Company” makes no claim to this effect. No liability for claims for damage or faulty merchandise will be accepted by “The Company” once further processing has commenced.
- There is no minimum value for orders, a carriage charge will be charged for all orders below £750.
- Every effort will be made by “The Company” to deliver the goods within the agreed delivery period but no guarantee of delivery date is implied and “The Company” shall not be liable for loss or damage occasioned by any delay in delivery.
- Where the Buyer fails to accept deliveries in accordance with the terms and conditions of the order as confirmed ~ “The Company’s” official order confirmation the undelivered goods shall be invoked to the buyer, The goods being held at the Buyer’s risk and any storage and additional carriage costs being charged to the Buyer’s account
- Each delivery shall constitute a separate contract and any failure or defect in any one delivery shall not vitiate the contract as to the remaining deliveries.
Credit will be extended subject to satisfactory references. Payment shall be made net 30 days from date of invoice, unless agreed otherwise in writing. We will if necessary exercise our statutory right to claim interest and compensation for debt recovery cost under the late payment legislation if we are not paid according to agreed credit terms.
8. PASSING OF RISK
The risk in the goods shall pass to the Buyer when the goods are tendered for delivery at the Buyer’s premises. The risk of the goods collected from “The Company’s” premises shall pass to the Buyer when the goods are loaded on to the vehicle of the Buyer or his nominated carrier or other agent.
- The property in the goods shall not pass to the buyer and full legal and beneficial ownership of the goods shall remain with “The Company” unless and until the Buyer has paid all money from time to time owing by it to “The Company”.
- Until property in the goods has passed to the buyer in accordance with the preceding condition, without prejudice to “The Company’s” other rights.
- The buyer shall insure the goods which are on or at the Buyer’s premises against fire and theft and shall, if required to do so in writing by “The Company”, prove to “The Company” that such insurance has been effected and cause notice of “The Company’s” interest in the goods to be noted on the Buyers insurance policy.
- The Buyer shall keep the goods free from all charges, liens, and other encumbrances and marked, and apart from all the other goods and show clearly that they belong to “The Company”.
- “The Company” shall be entitled to require immediate redelivery of the goods and the Buyer hereby grants to “The Company” its officers, servants or agents licence to enter upon the premises of the Buyer during normal business hours and to remove the goods from the Buyer’s premises.
- “The Company” may maintain an action for the price of goods sold notwithstanding that the property therein may not have passed to the Buyer.
- “The Company”, or any person nominated by it shall at any time and from time to time until payment in full for the goods has been made by the Buyer have full access to all the books of accounts and documents and papers of the Buyer relating to any one or more of the following:
- The Buyer’s dealings with “The Company”;
- The Buyer’s dealings with the goods;
- The Buyer’s dealing with the proceeds of sale of the goods;
- Nothing in this clause shall confer any right upon the Buyer to return the goods or to refuse or delay payment for them.
CONVERSION OF GOODS
- Should the goods be converted into a new product, whether or not such conversion involves the addition of any other goods or processing in whatever proportion,, the conversion shall be deemed to have been effected without cost on behalf of “The Company” and “The Company” shall have full legal and beneficial ownership of the new product
- The Buyer shall keep and store the goods, and the new products referred to in (a) above in such a manner that they can be identified as being “The Company’s” property.
- Subject to (d) and (e) below, the Buyer shall be at full liberty to sell the goods and the new product referred to in (a) above in the ordinary course of business on the basis that the proceeds of sale shall be “The Company’s” property and held in trust by the Buyer for “The Company” absolutely.
- “The Company” may at any time revoke the Buyer’s power of sale by notice in writing to the Buyer if the Buyer is in default for longer than seven days in the payment of any sum whatsoever due to “The Company”.
- Upon determination of the Buyer’s power of sale under (b) above the Buyer shall place the goods at “The Company’s” disposal who shall be entitled to enter upon any premises of the Buyer and remove the goods from the premises.
- Any complaint of short delivery or of damage to goods in transit must be notified to “The Company” in writing otherwise than upon a consignment note or delivery document within seven days of receipt of the goods and any complaint of failure to deliver goods invoked must be so notified within fourteen days of the date of the invoice.
- Where a delivery is made by “The Company” to a carrier for transmission to the Buyer’s nominee, “The Company” will claim against the carrier on the buyer’s behalf in respect of non-delivery or short delivery by the carrier or damage in transit provided the Buyer notifies both “The Company” and the carrier in writing of any such claim within seven days
- Return of goods after delivery will not be accepted unless “The Company” or “The Company’s representative has first had an opportunity of examining them before dispatch from the Buyer’s delivery address. Claims for goods returned for credit will not be accepted unless agreed beforehand, in writing, by “The Company” and goods which have been delivered correctly against an order and subsequently not required may only be returned carriage paid by the customer and is in a saleable condition. A 10% handling charge will be made. No responsibility will be accepted for goods returned by post or other carriers which are received damaged due to inadequate or insufficient packing.
- Without prejudice to any other provisions of this clause all other liability is hereby excluded for any loss or damage howsoever arising sustained by the Buyer in connection with, or as a result of any defect in the goods supplied, or any other error or omission on the part of “The Company” in the performance of an obligation hereunder.
- In the event of any claim “The Company” shall have the option of replacing or crediting the value of the goods, thereby fully discharging all legal liability in respect thereof.
- Every effort will be made to carry out any contract based on the quotation but if “The Company” is unable to deliver any order or part of any order by reason of force majeure, which term shall be deemed to include but shall not be limited to, any Act of God, War, Strike, Lock-out, Fire, Flood, Drought, Storm, Tempest, Riot, Civil Commotion, restriction by Government or other competent Authority, any natural or accidental disaster, industrial dispute or any breakdown of machinery or any other cause beyond “The Company’s” control or owing to “The Company’s” inability to procure material or articles due to any of the foregoing causes, “The Company” may (without prejudice to any legal right which It may have in respect of any breach of contact by the Buyer) cancel such order or part of an order and the buyer shall not have any claim against “The Company” in respect of such cancellation.
- Orders once accepted cannot be cancelled nor amended by the Buyer except by mutual agreement confirmed in writing by “The Company” and then only on terms which would fully indemnify “The Company”.
This agreement supersedes any previous agreements or contracts made by “The Company” or its representatives with the Buyer.
13. GOVERNING LAW
The contact shall be governed and construed in accordance with the laws of England and the Buyer agrees to submit to the jurisdiction of the English Courts.