Terms & Conditions
General
1. These terms apply whenever we agree to sell our goods
to the exclusion of any other or inconsistent terms unless
otherwise agreed in writing by a director.
2. We reserve the right for reason of continuous
improvement, to make changes to the items shown in
this catalogue.
3. In order for us to update and improve our range, we
reserve the right to remove selected styles at any time.
4. We do our best to limit variations in colour, but owing to
technical constraints there may be appreciable
differences in colour between our products and the
images of them in the catalogue. There may also be
appreciable variations in colour between different batches
of the same products.
5. We are a business-to business supplier and therefore this
catalogue, and these terms, are addressed to business
customers only.
Delivery and Carriage
6. Delivery is made at your premises.
7. At our option we may deliver the goods in reasonable
installments. Each installment is to be treated as a
separate contract, and you must accept and pay
installments accordingly.
8. You must pay our delivery charges in addition to the
quoted price.
9. You must notify us in writing of any claim for non-delivery
or late delivery of or damage to the goods in transit within
7 days of the date of the invoice for them. Our liability in
respect of any such claim is limited to replacement of the
goods or refund of the price, at our option, and does not
extend to any indirect or consequential loss.
Prices
10. The price of the goods will be the price ruling at the date
of despatch. All prices exclude delivery charges and VAT.
Any delivery charges and VAT are payable in addition to
the contract price.
11. If you are a Consumer (as defined in the Distance Selling
(Consumer Protection Regulations 2000), you may treat
the prices in this catalogue as valid for from the year to
which this catalogue relates. For business customers,
current prices will be communicated by telephone on
enquiry.
12. You must pay our reasonable extra charges in respect of
(a) any special arrangements made at your request in
order to expedite delivery
(b) any costs, expenses and
liabilities we may incur because you have given
inadequate or inaccurate instructions.
13. We aim to despatch within seven working days or order,
but this is only an estimate and time is not of the
essence.
Payment
14. We may invoice you for the goods together with any
applicable delivery charges and VAT when they or any
installment of them is dispatched to you or to your order.
15. You become liable to pay for goods on delivery of our
invoices unless agreed credit terms apply, in which case
you must pay in accordance with them.
16. Despite any agreed credit terms all payments for goods
supplied, whether or not invoiced, become immediately
due if any of the events described in paragraph 20 (b) and
(c) occur.
17. Interest on any overdue account is payable at the rate
application to qualifying debts under the Late Payment of
Commercial Debts (Interests) Act 1998 from time to time
accruing from day to day whether or not we have entered
judgement for the debt.
Risk
18. The risk in the goods passes to you when the goods are
delivered to you or to your order,
Ownership
19. We retain ownership of goods until the price of them, and
of any other goods delivered to you subsequently, but
prior to the date of payment, has been paid in full
20. If you (a) do not pay any invoice of ours within 7 days
after it has become due or (b) pass or call a meeting to
pass a resolution for winding up, or a petition for winding
up, administration or bankruptcy is presented against you,
or (c) become subject to a winding up, administration or
bankruptcy order, or to any distress or execution on or
receivership over any of your assets; then you must
cease at once to use any of our goods not then paid for
and must return to us any of them remaining in your
possession on request. On asking for them in writing we
are entitled without incurring any liability to you to enter
your premises and remove and re-sell such of our goods
as are to be found there.
21. Nothing in paragraph 20 gives you the right to return the
goods without our consent, except in accordance with
our returns policy referred to in paragraph 25.
Force Majeure
22. If we are unable to perform due to any circumstances
beyond our control we may suspend performance while
those circumstances subsist, and subject to paragraph 13
any agreed date or period for delivery is to be regarded as
extended accordingly.
Suspension and cancellation
23. If any period of suspension of deliveries under paragraph
22 lasts for more than three months, either of us may
cancel the contract by written notice without penalty, but
you will still have to pay us for any goods actually
delivered.
24. If any payments due to us from you under this or any
other contract is in arrears, we may suspend further
deliveries under any of those contracts, and if payment is
not made within 7 days after we have served a demand in
writing on you referring to this paragraph we may cancel
any of those contracts and re-sell the goods concerned
with out incurring any liability to you. Your failure to
comply with a demand for payment under this paragraph
is to be regarded as a repudiation of the contract, and we
shall be entitled to damages accordingly.
Returns Policy
25. You may return unused goods for full credit up to 5 days
after delivery, so long as they are fit to be returned to
stock and are not made to order, tabbed or personalised
in any way.
26. Where faulty goods are returned to us for replacement,
we reserve the right to credit or refund their price instead
of replacing them.
27. Subject to paragraph 28 Consumers (see paragraph 11)
have the additional right to cancel any order without
charge at any time up to the eighth working day after they
have received the goods. This right may be exercised by
informing us in writing within that period that the
consumer does not wish to proceed with the order, and
returning any goods delivered.
28. Paragraph 27 does not apply to any goods, which have
been made to order or personalised in any way.
Limitation of Liability
29. We will refund or credit the price of faulty goods, or
replace them (at our option) but we will not be liable to
you for any other loss or damage, direct or indirect,
consequential or otherwise, whether or not we have been
negligent, but subject to paragraph 30
30. Nothing in theses terms affects our liability for death or
personal injury resulting from our own negligence.
Samples
31. Samples will be invoiced to you on despatch and will be
credited in full provided they are returned to us carriage
paid, unused and within 30 days of delivery otherwise the
price, including any applicable carriage and VAT becomes
immediately payable.
Set off
32. You are not entitled to set off any debt or claim against
payment of the contract price or other amounts owing to
us.
Malaysia Law
33. This contract shall be governed by and construed and
interpreted in accordance with Malaysia Law and shall be
subject to the exclusive jurisdiction of the Malaysia Courts.
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