Terms and Conditions of Use
The following terms and conditions (the Conditions) are the terms on which Splashing Colours Ltd. Sells products and supersede all other terms and conditions relating to the subject matter of these Conditions.
DEFINITIONS
Goods means the goods or when the context permits services to be supplied by Us which are the subject of the quotation, delivery note, invoice and applications for payment or acknowledgement of order, respectively.
You and Your means you, the purchaser, the person, firm or company to whom the quotation, invoice, delivery note, application for payment or acknowledgement of order is addressed.
Terms means the terms set out in this document and any special terms agreed in writing between a Company Signatory and You.
We and Us and Our means Splashing Colours Limited Registered in England and Wales No. 06781141:
1. PRICE AND PAYMENT
The price (exclusive of VAT) for the Goods (the Price) shall be the quoted price of the seller and payment of the Price shall be made by the Buyer within 30 days of the invoice for the goods.
If the Price is not paid by the due date interest shall accrue both before and after judgement on the unpaid portion of the Price at the rate of 4 per cent above the base rate of National Westminster Bank PLC.
2. GOODS
The description and quantity of the goods to be sold (the Goods) shall be as set out in the quotation, price list or quoted verbally and be provided by the Seller to the Buyer (the Quotation).
3. DELIVERY
The seller shall deliver the Goods to the Buyer (if applicable) at the address of the Buyer as shown on the Quotation, Purchase Order of the Buyer., or any other agreed delivery location. Delivery dates will be taken into consideration, but cannot be guaranteed nor used to justify claims for compensation where delays are experienced.
4. ACCEPTANCE
The Buyer shall be deemed to have accepted the Goods if they have not been rejected on or before the 3rd day after delivery and (if applicable) installation. The Buyer shall not be entitled to reject the Goods in whole or part after such date.
5. TITLE AND RISK
The Goods shall be at the risk of the Buyer following delivery.
Notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Buyer has made payment of all sums owing to the seller.
Until such time as title of the Goods passes to the Buyer, the Seller shall have the right to reposses or otherwise recover the Goods.
The Goods shall be marked and stored clearly by the Buyer so as to show that these are the property of Splashing Colours Limited, until such time as the property in Goods has passed to the Buyer. If this is not undertaken, identification of Goods by Splashing Colours employees will serve to be the accepted method of identification for purposes of reclaiming goods unpaid for.
6. FIXING: INSTALLATION OF PRODUCTS
The following additional terms shall apply where the Goods or products are to be fixed on site by Us.
a) We will perform fixing services during Our normal working hours.
b) In the event that We have accepted an order for glazing/fixing products supplied by others, this shall be done at Your risk in all respects and no liability for loss or damage attributable to defects in such products will be accepted by Us.
c) Unless specifically stated, prices quoted do not provide for making templates for shaped or bent plates and should any of these be required, reasonable additional charges will be made.
d) There will be provided by You at no charge to Us 240 volt power at such points as may be requested not more than 10 metres from the working area such supply to be in full accordance with any statatory regulations.
e) Our liability for damage or breakage from whatever cause shall cease when the glass is glazed or when the Goods have been fixed into position.
7. LIMITATION OF LIABILITY
Save in respect of personal injury or death due to the negligence of the Seller, the Seller shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods.
Without prejudice to Condition 6.1, the Seller shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this agreement.
Save in respect of personal injury or death due to the negligence of the Seller, the liability of the Seller under these Conditions shall not exceed the Price.
8. FORCE MAJEURE
The Seller shall not be liable for any default due to any circumstance beyond the reasonable control of the Seller including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply or failure to deliver by the suppliers of the Seller.
9. GENERAL
If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be served and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The Seller may without the consent of the Buyer sublicence its right or obligations or any part of these Conditions.
The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
10. ENTIRE AGREEMENT
Each of the parties agrees that save in respect of statements made fraudulently, it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.
11. GOVERNING LAW AND JURISDICTION
This agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
12. RIGHTS OF CONSUMER
Nothing in these Conditions shall affect the statutory rights of a customer
Terms & Conditions of Sale January 2009
Rules For Online Conduct
By using the service, you agree that you will not attempt to undermine the integrity of this web site.
Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
Trademarks
All trademarks appearing on the service are trademarks of their respective owners.
