TERMS / GENERAL TERMS OF SALE
1. All orders and offers of the buyers shall be deemed to be subject to these general terms of sale and none of the buyers general and specific terms of business shall be included in this contract save in so far as they are expressly recorded and confirmed in writing by the sellers in their acceptance of the buyers order or offer. The contract between the sellers and the buyers shall be deemed to be concluded only upon the written acceptance by the sellers of the buyers order or offer. No variation, waiver or modification of the sellers general terms of sale made or purported to be made and whether before, at or after contract by any servant, agent or representative of the sellers shall be of any effect unless expressly recorded and confirmed in writing by the sellers.
2. Every care has been taken to ensure that the photographic representation, description and specification of each product is accurate. However, while the reproduction of colours is a close representation, a slight variation in the actual goods may occur. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. The colour of goods may vary to that compared in a photograph, some products are hand made and colours may vary as each item is classed as a one off bespoke item. Before you place an order you should read these terms and conditions carefully as they contain important information about your order.
3. In the event of any Goods supplied by the Seller being defective by reason of faulty materials, or workmanship or being alleged to be other than as agreed to be sold, the Seller will replace such Goods within a reasonable time provided the Seller is given written notice thereof by the Buyer within seven days of the receipt of such Goods by or on behalf of the Buyer and it is expressly agreed between the Seller and the Buyer that is practical for the Buyer fully to examine, sample, test and evaluate the Goods and to give notice within seven days of such receipt. The Seller shall in no circumstance be liable for the cost of any such examination, sampling, testing or evaluation, whatever the result thereof.
a. If Goods supplied by the Seller are altered, adapted or repaired by any person other than one authorised by the Seller in writing, and otherwise than as authorised by the Seller in writing, all liability of the Seller to the Buyer under this agreement for such repair or otherwise shall cease.
b. If the buyer fails within seven days of the discovery of such defect to notify the sellers of the discovery of the defect.
c. Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer by reason of any representation or any implied warranty condition or other term of any duty at common law or under the express terms of the contract for any consequential loss or damage(whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer except as expressly provided in these conditions.
d. The Seller shall not in any event be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in relation to the Goods if the delay was due to any cause beyond the Seller’s reasonable control and the Seller shall be entitled to determine the contract in such circumstances and to be discharged from all liabilities whatsoever to the Buyer.
e. Except in respect of death or personal injury caused by the Seller’s negligence, the Seller’s liability to the Buyer in relation to any contract whether for any breach of contract or otherwise shall not in any event exceed the price of the contract.
4. The sellers shall not under any circumstances be liable to the buyers for and the buyers will indemnify and hold the sellers harmless against all claims of whatever kind and howsoever and from whomever arising for spoilage of materials, failure of performance of the goods, loss of production, wastage of labour, loss of profit or damage or injury to property/vehicles or persons including the servants or agents of the sellers.
5. All payments shall be made in Pounds Sterling, in either, cash, cheque, credit card, debit card, paypal or bankers draft in pounds sterling drawn on a UK drawing bank in London, without any deduction whatsoever and payment shall be effected on the agreed dates or against the sellers invoice. Late payments all attract a £50 penalty charge per invoice for administration costs, this will be added to the next invoice for payment.
a. Counter claims not recognised by the sellers shall not entitle the buyers to withhold or offset payment.
b. In the event of any stipulated date of payment being exceeded seller shall, the without prejudice to any other legal claims, be entitled to charge annual interest at the rate of 4% above the discount rate of the Bank Of England, without any reminder being required.
6. In the event of any increase in the current or ruling price of the goods or charges for installation between the date of the contract and the date of delivery or installation and whether by reason of any change in costs of materials, labour or transport or the effect of strikes, lock outs, difficulties with workmen or delays, charges in insurance rates, custom duties, import or export licenses or acts of government or for any reason whatsoever the price of the goods and/or the cost of installation stated in the contract shall be increased by the amount of such increases or ruling prices and charges shall be payable by the buyers to the sellers within one month of the notification in writing by the sellers to the buyers of such increase and whether the whole or any part of the original contract price shall be then outstanding and unpaid. Further, in the event of any alteration in the official rate of exchange between the £ sterling and any other currencies between the date of this contract and the due date for payment in full for the goods by the sellers to the suppliers and whether or not the buyers shall have paid the whole or any part of the price stated in this contract the buyers will pay the sellers that sum which is the amount of any increase in cost to them or purchase of the goods from their suppliers as a result of such alteration in the rate of exchange. The said sum shall be payable by the buyers to the sellers within one month of the sellers giving notice in writing therefore to the buyers.
7. We shall not be liable for any delay in delivering your items if that delay or failure is caused by circumstances beyond our control such as, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, fire, flood, storm or Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.
a. Restorers Limited may change or add to these terms and conditions for security, legal or regulatory reasons. We will not use this right to vary the terms of any special offer that applies to you.
b.The sale of the goods takes place only when the items are despatched from our warehouse. Until that time, no charge will be made to your credit card and Restorers Limited will not be bound to supply the goods at the price.
c. Relevant United Kingdom law will apply to these terms and conditions and the relevant courts of the United Kingdom will have exclusive jurisdiction.
Here are our details should you want to contact us:
Restorers Limited, Unit 3E, Beacon Industrial Estate, Withernsea, East Yorkshire, HU19 2EG Tel: 01964 614 006 Email:email@example.com
8. From the date of delivery and whatever may be the arrangements made for collection and transport of the goods, the goods and the parts thereof shall be at the risk of the buyers who shall insure the goods for the period from the date of delivery until the passing of the property in the goods to the buyers against any loss of or damage thereto or any part thereof.
9. The buyers shall pay to the sellers reasonable storage charges for that period subsequent to the date of delivery during which the buyers fail or neglect for whatever reason to take delivery of the goods.
10. We reserve the right to modify or improve goods prior to delivery without being bound to carry out the same or similar modification or improvement to any goods previously delivered.
11. The property of the goods shall not pass to the buyers whether or not they have taken delivery of the goods or any part thereof until the buyers shall have paid to the sellers the whole of all sums due to the sellers under this contract and the buyers shall not without the prior written consent of the sellers, sell assign pledge mortgage charge let part with possession or otherwise dispose of the goods or any part thereof until the property in them has passed to the buyer.
a. Any motor vehicles worked on by the seller, the buyer passes full title in them to the seller if payment in full without deductions is not made by the due dates.
12. The construction validity and performance of the contract shall be governed by the Law of England.
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Tel / Fax 01964 614 006
Contact Us At our Registered Office Via Snail Mail
Restorers Limited Owthorne Manor Hubert Street Withernsea East Yorkshire HU19 2AT Company Registration Number 05618265