Terms & Conditions
TERMS & CONDITIONS OF SALE
We recommend you read through these Terms & Conditions carefully. The most recent version of these Terms will always be available on our website. Always read our Material Safety Data Sheets before using our paints and coatings.
Orders placed with us require our acceptance before any Contract arises. The price quoted by us in any quotation (s) shall be subject to variation by us prior to acceptance upon giving notice to the Buyer. Our acceptance will be subject to these Terms and Conditions, which are the only basis on which we do business. No other Agreement, Representation, Promise, Undertaking or Understanding of any kind, unless expressly accepted in writing and signed by us shall alter, vary, supersede, or operate as a waiver of these Terms and Conditions.
2. EXCLUSION OF ALL WARRANTIES
(a) No warranty, condition, description or representation is given or implied by us, nor is any warranty, description or representation to be taken to have been given or implied from anything said or written (irrespective of the medium) in the negotiations between the Buyer and ourselves or our respective representatives prior to contract and any statutory or other warranty, condition or description expressed or implied as to the state, quality or fitness of the goods is hereby expressly excluded.
(b) The Buyer must give to us within seven days of receipt of the goods, written notice containing full particulars of any claim that the goods are not of stated quality to enable us to investigate the complaint before the remainder of the consignment of goods is used or returned to us. If the Buyer shall fail to give such notice the said goods shall be deemed to be in all respects in accordance with the Contract and the Buyer shall be bound to accept and pay for the same accordingly. Our liability hereunder or in the case of any other breach of contract is strictly limited to the invoice price of the goods not of stated quality or to the invoice price of goods supplied to the Buyer under the Contract which is breached and we accept no liability for consequential loss of any kind howsoever arising, unless otherwise agreed.
(a) All list prices, estimates, prices quoted in confirmation orders and quotations forming part of an order accepted by us, shall be subject to revision if increases in the cost of materials, labour, War Risks’ Insurance, transportation, any Order of Government or other competent authority, or other circumstances arising before completion of the order renders such action necessary. Where information contained in a customer’s order involves alteration of the quotation, we are at liberty to amend the price to cover any increases in cost which may reasonably be incurred in consequence of such alteration. In the event of the suspension of the work by the customer’s instructions or lack of instructions, the price may be increased to cover any extra expense incurred by us. The price estimated or quoted will be exclusive of Value Added Tax, Sales Taxes or any similar and the Buyer shall pay such tax or taxes.
(b) For all orders, Delivery Charges will be shown as an additional cost.
(c) Marine Insurance is not included unless otherwise stated.
4. PAYMENT BY APPROVED CREDIT ACCOUNT
Unless otherwise agreed in writing by us, payment for the goods shall be made at the net invoice price to be received by us not later than 30 days after the invoice date or (if ex-works) the month in which the goods were ready for collection and no deduction shall be made in respect of any set-off or counterclaim. Failure by the Buyer to make punctual payment shall entitle us to suspend any outstanding deliveries or to cancel the Contract so far as it remains unperformed at our option and without prejudice to our rights to claim for the price of goods already delivered at the date of cancellation and for loss or injury occasioned thereby. The Company shall be entitled to apply interest charges to persistent late payments in accordance with the latest Government Guidelines on late payers.
5. PASSING OF PROPERTY
(a) The property in the goods shall pass to the Buyer on payment of the full price and not before.
(b) Notwithstanding sub-clause (a) above, upon delivery of the goods the risk of any loss or damage to, or deterioration of the paid goods from whatever cause arising shall be borne by the buyer.
6. TERMS OF DELIVERY
(a) Should our usual source of supply be interrupted and/or contracts be held up or delayed or cancelled in consequence of any Act of God or shipment and/or manufacture and/or deliveries be held up or delayed owing to the existence of war, prohibition of export or import or stoppages of any kind whatsoever through any cause beyond our control, or should we be prevented from making deliveries owing to any Act of God, strikes, riots, fire, accidents to machinery, existence of war or any cause whatsoever beyond our control, we shall in consequence thereof be at liberty to suspend or cancel any delivery or deliveries under the Contract without incurring any liabilities for any loss or damage that may arise to the Buyer there from.
(b) In the event of a failure to accept any delivery, that delivery may be immediately invoiced and storage costs charged to the Buyer’s account as a charge for care and custody of the goods. We shall have the right to despatch any portion of the goods ordered and shall be entitled to invoice the Buyer for such despatched portion so that for the purpose of payment each portion shall be deemed to be a separate Contract and may be invoiced separately.
(c) Where the Buyer orders goods for delivery by instalments, each delivery shall constitute a separate Contract and the Buyer shall not be entitled to refuse to take delivery of or refuse to pay for any instalments on the grounds that any previous instalment was defective or otherwise.
7. NOTIFICATION OF LOSS, DAMAGE TO, OR NON-DELIVERY OF GOODS
Claims for damage to or loss of goods in transit must be submitted in writing both to us and to the Carrier (if appropriate) as follows:
(a) In the case of non-delivery of the whole of any consignment or of any separate package forming part of a consignment within three days of receipt by the Buyer of the invoice or advice note (whichever is the earlier).
(b) In the case of damage to or partial loss of the goods or shortages from packages, within three days of delivery failing which we shall be entitled to decline to entertain any claims and the goods shall be deemed to have been delivered in accordance with the Contract, complete and in a satisfactory condition and the risk in them shall be deemed to have been transferred to the Buyer at the time of delivery. Our liability may extend to replacing free of charge, any goods damaged or lost in transit but in no event will it exceed the invoice price of the goods in respect of which a claim is made nor include consequential loss, damage or expense howsoever arising.
8. RETURNS AND REFUNDS
We are a specialist paint manufacturer and we pigment and blend all coloured paint finishes to order, upon receipt of payment. This can take from 2 hours and up to 7 days for unusual and special colours and finishes, which are classed as bespoke or personalised and are therefore not returnable unless faulty and with our express consent only. This also includes special offers, discounted lines and contract grade products. Please contact our Sales Department for instructions.
The following paint colours and finishes - WB148 & A148 in RAL 9016, BS18E50, BS18E51 & BS18E53; WB147, R10 & R1007 in White only, can be returned if the containers have not been opened or damaged and are suitable for re-sale ”as new”. We must be notified, either in writing, by email or phone, within 7 days from receipt of the goods, and returned to us within 14 days. Outside of these Terms, no refund will be offered. All returns will be subject to a 20% handling and re-stocking charge. All refunds will be issued within 30 days of receipt of the returned goods.
Customers will be responsible for arranging the return of the goods to us via suitable courier and cover all return delivery and insurance costs. Goods returned in a damaged condition and not suitable for re-sale “as new”, will not be eligible for a refund and will be returned to the customer. We highly recommend you cover all shipments with liability insurance with the courier that you use and recommend you take photographic evidence of all goods before returning. We are unable to offer refunds on items that have been specially made to a specific colour/specification for you, your client or contractor. Please be aware all returned goods are subject to our Returns Policy and Standard Terms and Conditions of Sale.
This Contract is between the Buyer and us as principals and is not assignable without our consent.
10. GOVERNING LAW
The proper law of this Contract shall be the law of England and Wales.
11. DATA PROTECTION STATEMENT
When you give us your personal information, we will give you an option to not receive additional ongoing marketing communications from us which may include offers and news of alternative products and services.
We do not sell our customer data to other companies to use for their marketing purposes.
All of our marketing communications will have a method to unsubscribe. You may also exercise your right to opt out of the use of your information for marketing purposes at any time by contacting us by email, telephone or fax.
If you purchase or redeem an offer with us, we may need to disclose your personal information to our partners, suppliers and subcontractors in order to process your order, fulfil deliveries, complete billing and invoicing transactions and to inform delivery and logistics planning.
VAT ID GB 662970803