CONDITIONS OF SALE

The goods detailed overleaf are supplied subject to the following conditions:

1.      DELIVERY AND CANCELLATION

a)      Whilst every effort will be made to fulfil any estimated or other date for delivery, no liability will be accepted for delay or non delivery         howsoever caused or any consequential loss whether direct or indirect, any delay shall not be treated as a repudiation of the contract, nor shall we be responsible for any extra costs resulting from express delivery services instructed by the customer, unless previously agreed in writing. 

b)      We shall not be responsible for any loss or delay resulting from strikes, lock-outs, government controls or shortage of materials.

c)      We shall not be responsible for indirect or consequential loss however arising. 

d)      We shall not be responsible for failure of the goods to be fit for the purpose for which you require them unless this is made known to us before acceptance of your order and we in effect implicitly or specifically warrant that the goods supplied are fit for the stated purpose. 

e)      The buyer is entitled to reject the goods if the time stated for delivery is exceed by more than four weeks, provided always that a written cancellation has been received by us prior to date of shipment. 

f)      We reserve the right to stipulate the best method of despatch, unless instructed in writing, regardless of which party is responsible for the cost of shipping. 

g)      Delay of goods in transit is not our responsibility and no reason for non-acceptance of goods. 

h)      We reserve the right to make part deliveries unless otherwise stated or instructed in writing at the time of placing the order.

i)      Delivery of the order cannot be postponed once a delivery date has been confirmed.

j)      Deposits paid on orders are non-refundable in case of cancellations for no valid reasons. 

2.      PAYMENT TERMS

a)      If monthly credit terms have previously been agreed, invoices from the 1st to the 31st of the month must be paid by the 20th of the following month.

b)      Any account not paid 20 days after due date will automatically be deemed overdue and we reserve the right to charge statutory interest, plus compensation as per “Late Payment of Commercial Debts Regulations 2002” act. 

c)      In the event, where a debt collection agency has been appointed, we also reserve the right to claim the costs of the debt collector, unless other terms are stated in writing overleaf.

d)      Any default in payment shall entitle us to suspend deliveries and to cancel any non-delivered portion of your order and any other order. 

e)      Credit limits are set for each customer. Should the value of the invoice overleaf exceed the credit limit, the customer will accept to pay the difference on delivery of goods. 

3.      RESERVATION OF THE TITLE

a)      The risk in the goods shall pass to the customer when we deliver or you collect the goods in accordance with the terms hereof to the customer or its agent or other person to whom we have been authorised by the customer to deliver the goods. We shall have no responsibility in respect of the safety of the goods thereafter and accordingly the customer should insure the goods against such risks as he/she thinks appropriate. 

b)      The ownership of the goods shall remain with us and we reserve the right to dispose of the goods until payment in full for all the goods has been received by us in accordance with the terms of this contract, or until such time as the customer sells the goods to its customer by way of bona fide sale at full market value.  If payment for the goods is overdue in whole or in part we may (without prejudice to any of our others rights) recover or re-sell any or all of the goods and may enter upon the customer’s premises by our servants or agents for that purpose. Notwithstanding any terms of payment otherwise agreed, payment shall for the purpose of this provision become immediately due upon the commencement of any act or proceeding in which the customer solvency is involved. 

c)      If any of the goods are incorporated in or used as materials for other goods before payment as aforesaid, the property in the whole of such other goods shall be and remains with us until such payment has been made, or the other goods have been sold bona fide as aforesaid, and all our rights hereunder in the goods shall extend to those other goods. 

4.      COPYRIGHT

Designs, sketches or samples which are protected by copyright are not permitted to be passed to any other manufacturer, competitor or  their agents for copying, quotation or purchase. Failure to comply with this condition will result in legal proceedings being taken against all parties concerned. (Design numbers where we own the copyright are available on request.)

5.      QUALITY

a)      When our fabrics/trimmings are further processed by our sub-contractors, e.g. dyers etc. you will accept such conditions and terms as are imposed upon us by them, and in particular. 

b)      Each dye batch can have a variation in shade. We cannot accept responsibility for slight variation in shade unless in the same piece. 

c)      Unless specified guarantee with regard to colour fastness of washability is given by us, no such guarantee or warranty shall be implied.

d)      All widths are subject to a tolerance of plus/minus 5%.

e)      Washing and cleaning instructions we submit are recommendations only. We strongly recommend that all goods supplied are tested and checked before using for the purpose you wish to use the goods and in accordance with your country’s requirements.  

f)      We cannot accept any responsibility for any checks or tests of goods, which may or may not be required, unless previously agreed in writing. 

6.      VARIATIONS IN QUANTITY

The seller is entitled to deliver 10% more or less than the quantity ordered. 

7.      GOODS FOR RETURN

Acceptance of goods for return is only valid if previously agreed in writing.

8.      DAMAGED OR FAULTY GOODS

a)      No claims can be accepted for goods which have been cut or further processed

b)      No claims can be accepted for goods lost, damaged, short delivered or faulty unless carriers and/or ourselves are notified in writing within seven days of invoice date.

9.       PRICES

a)      All prices are exclusive of value added tax. 

b)      Unless confirmed in writing all prices are subject to change without prior notification.

10.    GENERAL

a)      Under the sale of goods act 1979 section 19, the property in the goods does not pass to the Buyer until the conditions imposed by the Seller are fulfilled and in the case of any inconsistency between the terms hereof and any form of contract, order, offer acceptance, condition or other stipulations sent by you to us (whatever their respective dates) the terms hereof shall prevail. 

b)      These conditions and all other terms of the contract contracts between us shall be construed and governed in all respects to English law. 

c)      Payment of any invoice/delivery note stating our ‘conditions of sale’ shall automatically be deemed to be acceptance for this delivery and any future transactions.