Terms and Conditions of Sale Version 1.0
YOUR ORDER IS ACCEPTED ON THE BASIS THAT THE TERMS AND CONDITIONS BELOW SHALL APPLY TO THE ORDER AND ANY SUBSEQUENT CONTRACT BETWEEN US. PLEASE READ ALL OF THEM CAREFULLY.
1 Definitions & Interpretation
1.1 In these Conditions, the following words shall have the following meanings:
“Buyer” means the person(s), firm or company who purchases the Goods from the Seller;
“Contract” means the contract between the Seller and the Buyer for the sale and purchase of the Goods, incorporating these Conditions;
“Goods” means any goods agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them); and
“Purchase order” means the Buyer’s standard order form for Goods.
“Seller” means Bespoke Plastic Fabrication Ltd having its registered office at Unit 14 Warren Farm, Kentisbeare, Cullompton, Devon EX15 2BR;
1.2 In these Conditions, references to the masculine include the feminine and the neuter and to the
singular include the plural and vice versa as the context admit or requires.
1.3 In these Conditions, headings will not affect the construction of these Conditions.
2.1 All quotations and/or contracts are made upon the following conditions and no variation qualification or cancellation of any of them will bind us unless agreed by us in writing.
2.2 These terms and conditions shall govern all our contracts and shall be deemed to supersede any terms and conditions contained in the buyers order. Without prejudice to the foregoing any disagreement with our terms and conditions must be conveyed to us in writing within FIVE days from the date of receipt of our order acknowledgement. Failure to do so will be regarded as acceptance of these terms and conditions in full.
2.3 Quotations and prices are subject to withdrawal or alteration without notice.
2.4 Our contracts shall be governed by and constructed in accordance with English Law.
Any action of proceedings of any nature on or in any way relating to any contract with us or to any goods supplied under such a contract shall be initiated against us only in the English Courts, and the buyer will not give effect to any award that may be made against us on consequence of any such action or proceedings not initiated in England.
3.1 All prices are Nett except where otherwise stated. Quotations are made and orders accepted on the basis that should costs rise over those prevailing at the date of the contract we reserve the right to increase the price of all undelivered goods to make full allowance therefore or at our discretion to invoice at the price ruling at the date of supply.
3.2 All contracts are concluded on the basis of the price exclusive of value added tax (VAT). Where applicable VAT will be charged at the rate ruling at the relevant tax point notwithstanding that any other amount may have been previously notified to the buyer.
3.3. Unless otherwise stated all quotations include delivery. Quotations with ex works listed exclude the cost of transport. All quotes exclude installation and any tests required by the buyer after delivery.
4 Terms of Payment
4.1 The terms stated are an essential feature of the contract and will be strictly complied with.
4.2 Payment shall be made pro forma by credit card or BACS without any deferment or set-off on account of disputes or cross-claims.
4.3 Unless otherwise provided all sums shall be cash payments payable in sterling at our principal place of business in the United Kingdom. Should payments in a different currency be provided under the contract then in the event of a devaluation of such currency after the date of the contract any prices or changes shall be increased in proportion with the alteration in the parity rate between such currency and sterling.
5 Ownership of the Goods
5.1 The title in goods produced for the buyer and/or sold by us to the buyer shall remain vested in us and the goods shall be held by the buyer on our behalf as security until full payment of all sums due from the buyer to us is effected. Should the buyer and/or any third party having notice of this provision and having acquired the goods in question be unable to meet its obligations towards us we remain entitled to retrieve our property without cost to ourselves and without delay and without prejudice to any other rights that we may possess.
5.2 The buyer shall be entitled to re-sell goods to which the title remains vested in us pursuant to Clause 4.1 either as such or incorporated into other goods, but in such event he shall inform his purchaser of the provisions of Clause 4.1 and the buyer shall hold the proceeds of sale on our behalf as security until full payment of all sums due from the buyer to us is effected.
6.1 Except as provided in Clause 6.2 no guarantee is given that goods supplied will conform in detail with any descriptions and illustrations in our catalogues or brochures or with any others on which any quotations may be based or with any samples submitted and none of these shall form part of any contract. We reserve the right to substitute suitable materials for any specified or used in samples.
6.2 Drawings and specifications specially prepared for the purposes of contract shall form part thereof unless we stipulate otherwise. Information contained within drawings produced by us is the sole property of Bespoke Plastic Fabrication Ltd and any reproduction in part or as a whole without the written permission of Bespoke Plastic Fabrication Ltd is prohibited. We retain the intellectual rights and copyright of all drawings produced in house. The buyer shall accept variations in size and specification consistent with normal manufacturing tolerances according to DIN standards.
7.1 Any tools not made available by the customer shall remain our property. Notwithstanding any payments made in regard to them by the buyer directly or indirectly in whole or part. We shall use such tools for that customers orders exclusively. Any additional use shall be subject to an agreement between the customer and ourselves. We shall store these tools for the purpose of executing subsequent orders and shall maintain them in proper order for three years following the last order. The tools may be stored and maintained for an additional two years at the customer’s request and cost. Any obligations to store and maintain such tools shall cease after a five year period has elapsed.
8.1 We estimate delivery time in good faith calculating them from the date of our acknowledgement of order and from receipt of all information reasonably required to enable us to put the work in hand. All such times are to be treated as estimates only and are not a condition of any contract and we shall not be liable to the buyer for any loss or damage suffered due to a failure by us to keep to such times.
8.2 We shall be entitled to make part deliveries of any quantity of goods ordered by the buyer and to deliver separate invoices for payment in the usual way in respect of all deliveries made.
8.3 We reserve the right to suspend delay or cancel the execution of any contract for any cause beyond our reasonable control.
8.4 If despatch or collection of goods ready for delivery is delayed for any reason for which the buyer is responsible we reserve the right to render an Invoice and call for payment and to arrange storage at the buyer’s expense. All risk or loss or damage however caused shall pass to the buyer at the latest upon expiry of seven days from our written notice that such goods are ready for delivery or collection under the contract.
8.5 In the case of goods to be packed stored or despatched to be delivered elsewhere than at our own premises all risk or loss or damage however caused in and about such operations shall be borne by the buyer.
9 Variations of Quantity
Where goods are made or modified specially for a contract we shall be free to treat the contact as complete although short delivered or to deliver overmade goods to the extent of 10% of the contracted quantity and to give a rebate or to charge thereof at the contract rate.
Duplicates of sales invoices will not be issued by the seller to the buyer unless an acceptable form of indemnity for the purposes of Value Added Tax is received prior to the issue of such duplicates.
11.1 Our liability in respect of any defect in or failure of goods supplied or in respect of any loss injury or damage directly or indirectly attributable there to is limited:-
11.1.1 To any such matter arising from such goods as supplied by us and which have been used solely in accordance with the recommendations as stated in our catalogues and brochures or otherwise as specifically approved by us in writing and further more is limited:
11.1.2 To the replacement or repair of such goods on return thereof promptly to our works (unless otherwise arranged by us) and in any event subject to the failure and defects appearing therein under proper use and arising solely from faulty design materials or workmanship within a period of six calendar months after the original goods shall have been first delivered or such shorter period as may be specified at the termination of which all liability on our part ceases.
Our liability under the clause shall be in lieu of all liability otherwise arising from any warranty or condition whether express or implied by statute or at common law or otherwise however as to the quality or the fitness for any particular purpose of such goods.
11.2 Save as herein provided we shall be under no liability in contract tort or otherwise for any injury loss or damage of whatsoever kind or howsoever caused or for anything done or omitted in connection with the goods or any work in connection there with or any defect inherent latent or otherwise which may exist or subsequently develop and notwithstanding that the same may be due to negligence on the part of ourselves our employees servants or agents.
11.3 The buyer shall indemnify us against all actions claims or demands by third parties in tort or otherwise arising directly or indirectly in connection with the use functioning condition or state of goods supplied by us.
12.1 Notification of non-delivery of any consignment of goods must be made to us by the buyer or its servants or agents within TEN days from the despatch date shown on the invoice relating thereto.
12.2 The buyer is advised to inspect goods immediately upon arrival. Any claim for a failure of the goods to be in accordance with the contract which ought to be revealed by a reasonably diligent examination must be notified to us in writing within THREE days of receipt of such goods. If no such notice is received within three days the goods will be deemed to be in all respects in accordance with the contract and the buyer will be bound to accept and pay for them.
13 Cancellation & Refund Policy
13.1 For Businesses, Public Sector and Organisations: The Seller reserves the right to levy a 20% charge for goods ordered by the Buyer which are subsequently cancelled or returned.
13.2 For ‘Domestic Consumers’: The Seller abides by the distance selling regulations. It is the Buyer’s (Domestic Consumers Only) right to cancel their order from the moment the order is placed until ‘up to’ 7 (seven) working days from receiving delivery of goods. A full refund will be issued within 14 days of cancellation (should goods not be already dispatched) or 14 days from proof the goods have been returned. A refund will be issued by the same means of payment of the original transaction.
13.3 All: The Buyer must send confirmation of cancellation in written format by email, letter or fax. Goods shall be returned at the Buyer’s expense, unless goods are faulty, mis-sold or damaged.