The Placing of an Order
Whether sent to us direct or given to our sales force and whether verbal or written, does not constitute a contract until it has been accepted by us by written acknowledgement or by sending the goods involved, any order denotes acceptance of these terms.
Listed prices and trade terms are subject to alterations without notice. We invoice at the price ruling on the date of despatch. Where retail prices are shown; these are ‘suggested’ maximum retail prices.
Credit Accounts (Trade Customers)
Customers wishing to open a credit account are asked to complete a credit application form, quoting two trade references. We reserve the right to alter or terminate credit facilities at any time.
Delivery charges will apply on all orders and the size of the order will ascertain the cost of the delivery.
Whilst every effort will be made to supply Goods in accordance with samples and/or agreed specification the Company reserves the right to modify specifications, designs and materials where such modifications do not materially affect the quality or fit for purpose of the goods or to comply with any applicable standard or legal requirements
Title To Goods
The risk in goods shall be that of the customer from the moment that the goods arrive at their premises. Notwithstanding sub-clause above, the goods remain the sole and absolute property of SPALL Limited as legal and equitable owner until such time as the customer shall have paid us all sums due under contract together with all sums due to us under any other contract with us. Until such time as title in the goods passes to the customer, he will store them on his premises separately from his own goods or those of any other party and in a manner which makes them readily identifiable as our goods. For the purpose of recovery of our goods, we shall be entitled to enter upon any premises where they are stored or where they are reasonable thought to be stored and repossess them.
Goods Lost/Damaged in Transit
Damage, loss of content or non-delivery must be notified to the depot of origin within 3 days of delivery or consignment. Telephone notification must be confirmed in writing. Signatures endorsed ‘unexamined’ or ‘unchecked’ have no legal significance and will not be accepted by us or the carriers as a basis of a claim. Where outside carriers are used, it is essential that the carrying company is notified also, as to the damage, loss, or non-delivery in the times stated above.
The Company does not trade on a ‘sale or return’ basis. Perfect goods, with the exception of samples, may be returned only after the Company has given written consent and a returns authorisation number. A 5% re-stocking charge (minimum £10) will be incurred whenever perfect goods are returned. All goods must be in their original packaging , as garments soiled whilst in return transportation cannot be credited. Goods which have been damaged, worn, re-labelled, altered, printed upon, embroidered or other process by the Purchaser cannot be credited.
Settlement Terms (Credit Accounts)
Our terms are Nett monthly. Should the invoice not be paid within this period it becomes overdue. VAT is strictly Nett. Where any Nett invoice is overdue all other invoices shall be deemed to be due and payable forthwith, notwithstanding the due date indicated on the invoice. We reserve the right to withhold further deliveries until amount is paid in full. We reserve the right to charge interest on overdue accounts at the rate of 2% per month. Also non-compliance with our 30 days terms, a reminder letter will be sent, allowing the payment to be made within 7 days, unfortunately if there is still no payment received, a late payment charge of £50 will be added to cover any admin costs.
We shall not be Liable for any loss, damage or expense suffered or incurred as a consequence of or arising out of and the customer shall not be entitle to terminate any contract by reason of or on account of War, Act of God, Civil Commotion, Riots, Strikes, Lockout, Fog or any other bad weather conditions, Delays in transport delivery, non-availability of materials, breakdown of plant or machinery, or any other cause beyond our control.
Limitation of Liability
If pursuant to the provisions of a contract any liability on our part shall arise (whether under the express or implied terms or at common law or in any other way) to the customer for any loss or damage of whatever nature arising out of or in connection with the provision of or proposed provision of or failure in the provision of the goods or services covered by contract, such liability shall be limited to the payment by us by way of damages of a sum not exceeding a maximum of £5000.00 or the total contract price, whichever is the lesser, in respect of any claim.