Page 106 - KitchenCraft Additions Brochure AW19

Terms & Conditions 1. Orders
a) The placing of an order does not place the Company under any legal obligations to supply and all goods are offered subject to availability. Orders can only be accepted by the company and the Company’s agents have no authority whatsoever to accept orders or bind the Company in any way whatsoever.
b) The buyer agrees that it will only actively sell and market any goods purchased from the Company within the same country to which the goods were delivered by the Company or, in the case of goods sold ex works, the country of destination. The Buyer agrees that it will not actively sell or market any goods purchased from the Company outside of the country to which those goods were delivered by the Company or, in the case of goods sold ex works, the country of destination. Active sales and marketing includes internet sales or marketing targeted at specific countries.
2. Prices
All prices quoted are nett and not subject to any discount, are exclusive of VAT and are subject to change without notice. Prices charged will be those ruling at the date of despatch. Suggested retail prices where shown on the Company’s invoices are shown only as a guide.
3. Settlement
All accounts are strictly nett and not subject to settlement discount. All accounts for the UK and Eire must be settled within thirty days of the date of invoice. The Company reserves the right to charge the buyer interest at 4% per annum above Lloyds Banking Group plc base rate from time to time until payment in full is made.
4. Carriage & Delivery
a) Orders for the UK mainland with a minimum value of £250 (excluding VAT) will be supplied carriage paid (£500 for opening orders). The Company reserves the right to refuse any order below £250 and a carriage and administration charge will be added to all orders accepted below this value.
b) Orders for the Channel Islands, Isle of Man, Scilly Isles, Scottish Islands, Northern Ireland and Eire with a minimum value of £500 will be supplied carriage paid. Orders for these areas will not be accepted below £500.
c) Orders for all other areas with a minimum value of £500 will be supplied on an ex works basis. Orders for these areas will not be accepted below £500 and payment term details are available on request.
d) Any time quoted by the Company for delivery of all or any of the goods is an estimate only and time shall not be of the essence. The Company shall not be liable for any failure to meet such an estimate, nor any loss, of whatsoever nature, resulting directly or indirectly from such failure.
e) Notwithstanding the Company’s retention of legal title until payment as above, the buyer’ obligation to make payment in accordance with paragraph 3 shall remain in full force and effect.
f) Nothing herein shall entitle the buyer to return the goods other than strict accordance with paragraph 6.
g) All fees or expenses incurred by the Company in collecting outstanding moneys or reclaiming goods will be payable by the buyer.
6. Claims & returns
a) Claims for non-delivery must be made within 7 days of the date of invoice.
b) Claims for damages, shortages or errors must be made to the Company in writing upon receipt or within 3 days from receipt of goods.
c) No claims for non-delivery, damages, shortages or errors made outside the times stated above can be recognised.
d) No merchandise will be accepted for return without a written returns note issued by the Company. Returns will not be accepted for any reason other than manufacturing defects, damages in transit to the buyer, or incorrect delivery without the prior written approval from a Director of the Company.
e) Carriage will not be paid by the Company on goods returned unless first authorised in writing.
f) The Company shall not be liable to the buyer in contract tort (including without limitation negli- gence) and/or breach of statutory duty for any loss or damage which the buyer may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the contract by the Company, its servants or agents, in a sum which is greater than the contract price.
g) The Company shall not be liable to the buyer in contract tort (including without limitation negli- gence) and/or breach of statutory duty for any indirect or consequential (including economic) loss of any kind which the buyer may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the contract by the Company, its servants or agents.
h) Nothing in this condition shall operate so as to exclude the Company’s liability in respect of death or personal injury caused by the negligence of the Company, its servants or agents or to exclude liability for fraudulent misrepresentation.
7. General
7. General
a) Any verbal agreements not conforming to these general conditions of sale shall not be binding on the Company unless they have been confirmed by the Company in writing.
b) Neither party shall have any liability for any failure to perform or for any delay in the performance (other than as to payment) of any obligations under the contract caused by any factor beyond its reasonable control.
c) No failure or delay on the part of the Company to exercise any of its rights under the contract shall operate as a waiver of nor shall any waiver by the Company of any breach by the buyer of any of its obligations under the contract affect the rights of the Company in the event of any further or continuing breach.
d) Each and every obligation contained in these conditions shall be treated as a separate obligation and shall be severally enforceable as such notwithstanding the non-enforceability of any other such obligation.
e) The conditions of the contract shall not create or evidence, or be deemed to create or evidence, any agency or partnership between the Company on the one hand and the buyer or any third party on the other.
f) The contract shall be governed by English Law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
Lifetime Brands Europe, KitchenCraft, MasterClass, MasterClass Professional, BarCraft, Kitsch’n’fun, Le’Xpress, Pure Seal, Smart Silicone, Jury, Colourworks, Let’s Make, Natural Elements, Sweetly Does It, Spookily Does It, Home Made, Lovello, Fred, Living Nostalgia, Artesà, Misto, Food Huggers and Bagel Guillotine are pending registrations or registered trade marks or unregistered trading names or brands owned by Lifetime Brands Inc. All rights reserved.
5. Risk & Title
a) Risk in the goods shall pass to the buyer immediately on delivery to the buyer or into custody on the buyers behalf whichever is the sooner.
b) Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain in the Company until the Company has received payment of the full price of (i) all goods the subject of the contract and (ii) all goods supplied by the Company to the buyer under any other contract whatsoever.
c) Until property in and title to the goods passes to the buyer; (i) the buyer shall keep all goods properly stored, protected and insured and separate from all or any goods; whether belonging to the Company, the buyer or any third party; (ii)the Company shall be entitled at any time forthwith to revoke the buyer’s power to deal with the goods; and it shall automatically cease if the buyer is deemed to be unable to pay its debts or calls a meeting or presents or has granted a petition for bankruptcy or to wind up (save for a solvent reconstruction) or to appoint an administration or has an administration receiver, receiver and manager, or receiver appointed over any part of its business, undertaking, property or assets or suffers anything analogous to these acts under the law where the buyer is established.
d) The buyer hereby grants the Company an irrevocable license to enter at any time premises owned or occupied by the buyer for the purposes of repossessing and removing any such goods which remain the property of the Company. The buyer will indemnify the Company against liability in respect of damage caused to such premises in such repossession and removal being damage which it was not reasonable or practicable to avoid.
e) Notwithstanding the Company’s retention of legal title until payment as above, the buyer’s obligation to make payment in accordance with paragraph 3 shall remain in full force and effect.
f) Nothing herein shall entitle the buyer to return the goods other than strict accordance with paragraph 6.
g) All fees or expenses incurred by the Company in collecting outstanding moneys or reclaiming goods will be payable by the buyer.
Lifetime Brands Europe, KitchenCraft, MasterClass, BarCraft, Kitsch’n’fun, Le’Xpress, Creative Tops, La Cafetière, Mikasa, Built, Pure Seal, Smart Silicone, Jury, Colourworks, Let’s Make, Natural Elements, Sweetly Does It, Home Made, Lovello, Fred, Living Nostalgia, Artesà, Misto, Food Huggers and Bagel Guillotine are pending registrations or registered trademarks and trading names owned by Lifetime Brands Inc. All rights reserved.
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