Terms & Conditions of Sale
May 2022. We recommend you read through these Terms and Conditions carefully. The most recent version of these Terms will always be available on our website (s). Always read our Technical Data Sheets and our Material Safety Data Sheets before using our paints and coatings.
TERMS OF WEBSITE USE
Please read these Terms and Conditions before shopping from our website as these will apply to your use of said website. We recommend that you print a copy of this document for your future reference.
OTHER APPLICABLE TERMS
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.
(a) By Proforma Invoice.
(b) Via our secure online shop.
(c) Or pre-payment only.
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 along with photographic evidence to both to us and to the Carrier (if applicable) 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 POLICY
We are a specialist paint manufacturer. We pigment, blend, and manufacture all primers, undercoats and all coloured paint finishes, including whites, as well as our standard range of colours. These colours are included on our Technical Data Sheets and are present on our website (s), which include all BS4800, BS381 and RAL colours available to order, upon receipt of payment. Processing of orders can take from 2 hours and up to 14 days, for unusual, complexed primers, undercoats and special-coloured finishes, which are classed as bespoke or personalized and are not classed as a stocked item and are therefore not returnable. However, faulty or damaged goods may be refunded or replaced; please see section 7, and with our express consent only. Please contact our Sales Department for instructions.
If you open tins and original packaging, we will not be able to offer the goods for resale as new, therefore we will not be able to offer a refund.
If you decide to cancel your order, please contact us immediately by phone, fax or email within 2 hours of placing your order. Orders for mixed-to-order paints cannot be cancelled once they have been mixed or despatched. Please be aware that mixing may take place between 2 hours and up to 14 days after your order and payment are received.
This Contract is between the Buyer and us as Principals and is not assignable without our consent.
11. GOVERNING LAW
The proper law of this Contract shall be the law of England and Wales.
12. DATA PROTECTION STATEMENT
Technical Paint Services is the trading name of Neatcross Ltd. Registered office:
The Paint Centre
Rear of 27 Southcote Road
Dorset BH1 3SH
Company no. 1570359
VAT ID GB 662970803.