|
Terms
& Conditions of Sale
Application
of Terms and Conditions
All
orders accepted and fulfilled by Smith Mearns Productions shall be deemed to
incorporate these terms and conditions of sale to the exclusion of all
other terms and conditions including any terms and conditions which buyers
may purport to apply in any purchase order confirmation of order or
similar document. Acceptance of delivery shall be deemed conclusive
evidence of the buyer’s acceptance of these terms and conditions.
Availability
All
goods are subject to availability at the time of order.
Product
Specification
Actual
dimensions and specifications are given as a guideline only. The Company
shall not be liable for any variations made to dimensions or
specifications and the buyer shall not be entitled to reject goods as a
result of any such variation save where the variations materially affect
the quality or fitness for purpose of the goods.
Returns
Damaged or incorrectly delivered items (those despatched by us in error) should be returned with a note explaining the problem.
A replacement or refund will be issued as required and return postage
costs will be covered.
To ensure safe transit, item(s) should be wrapped in the original delivery package or one of equivalent quality.
Any refund will occur within 30 days of cancellation, on the credit or debit card that was originally used to complete the transaction.
This policy does not affect your statutory rights.
Delivery
Whilst
every effort is made to dispatch goods on time, any delivery date given by
the Company to the buyer shall be an estimate only. The Company shall not
be liable for any loss or damage whatever due to failure on the part of
the Company to deliver goods by the delivery date. Notwithstanding any
delay in delivery of the goods the buyer shall be bound to accept delivery
and to pay for the goods once delivered.
Shortages
and Damaged Goods
No
liability for shortages and/or damaged goods shall be accepted by the
Company unless the buyer notifies the Company in writing of such shortage
or damage within 7 days of the date of actual delivery.
Prices
Goods
are generally charged at the prices ruling at the time of order. The
Company reserves the right to alter prices prior to delivery as a result
of factors beyond the Company’s reasonable control. In the event of
prices altering between order and delivery the buyer will be notified and
shall have the right to cancel its order by serving written notice on the
Company within 7 days of the date of receipt of such notification. No VAT
is charged.
Payment
Terms
All
payment must be made before delivery of goods unless arranged otherwise.
Property
and Title
No
property or title to the goods shall pass from the Company to the buyer
unless and until the full amount of the value of the goods as invoiced has
been paid and no other sums whatever are due from the buyer to the
Company. The buyer shall indemnify the Company against loss or damage to
the goods prior to the passing of property and title therein whilst in the
buyer’s custody. Risk of damage to or loss of the goods shall pass to
the buyer at the time of delivery/collection or, if the buyer wrongfully
fails to take delivery, at the time when the Company tenders delivery of
the goods.
Cancellation
The
buyer shall not be entitled to cancel any order once acceptance of proofs
are received in writing. In the event of the Company agreeing to cancel any order, the
Company shall have the right to be indemnified by the buyer against any
costs incurred in relation to that order.
Warranty
All
goods supplied by the Company come with the relevant manufacturers
standard warranty.
Liability
The
Company shall be under no liability whatever to the buyer for any indirect
loss and/or expense (including loss of profit) suffered by the buyer
arising out of a breach of contract by the Company. In the event of any
breach of contract by the Company, the remedies of the buyer shall be
limited to damages. Under no circumstances shall the liability of the
Company exceed the price of the goods, which are the subject of that
contract. The Company shall not be liable for any default due to any event
beyond the reasonable control of the Company.
|
