1) MISREPRESENTATION ACT 1967
Whilst every care has been taken in the preparation of these particulars, their accuracy cannot be guaranteed and neither do they represent any offer or contract Foxfield Fine Leather do not make or give and no person in their employment has any authority to make or give, any representation or warranty whatsoever in respect of these developments and you must satisfy yourself by an inspection or otherwise as to the correctness of these particulars.
2) GOODS DAMAGED IN TRANSIT
Any complaint and/or claim for faulty goods or goods damaged in transit must he made to the Company and the Carriers within 24 hours of the date of delivery. Confirmation of the complaint and/or claim must be sent in writing to the Company and the Carriers to arrive within 5 days of the date of delivery. (Please note that no claim will be accepted unless this procedure is adhered to within the time limits specified).
3) NON DELIVERY OF GOODS
Notice of non delivery of goods must be sent to the Company within 7 days of the date of invoice. (Please note that no claim will be accepted unless this procedure is adhered to within the time limits specified). The Company cannot be held responsible for non-delivery of goods in the case of war, strike, lock out, natural disaster or force majeure.
4) DELIVERY OF GOODS
On delivery, once goods have been signed for by the Customer or the Customer’s representative, they are deemed to have been accepted in accordance with the Customer’s requirements. Acceptance of the goods deems acceptance in full of the terms and conditions of sale of the Company.
Any complaint and/or claim for faulty or damaged goods or goods with components missing must be made to the company within 24 hours of the date of delivery.
6) RETURN OF GOODS
THE COMPANY WILL NOT ACCEPT THE RETURN OF GOODS WITHOUT PRIOR AUTHORISATION IN WRITING FROM THE COMPANY OR THE COMPANY’S REPRESENTATIVE, FOLLOWING INSPECTION OF THE GOODS AT THE CUSTOMER’S PREMISES. Any unauthorised returns will be redirected back to the Sender and any charges incurred will be to the account of the Customer. Any goods which the Company authorises for return must have enclosed the relevant paperwork quoting the Invoice number under which the goods were supplied. The onus for proof of delivery of returned goods lies with the sender. Only authorised returned goods which are received at the Company’s offices correctly packaged can be considered for credit. Accepted Returns other than samples, faulty merchandise, or the wrong quantity or type of goods will be subject to a 15% handling charge of the original invoice.
Carriage is paid on all orders over £350.00 excluding V.A.T. for delivery within Great Britain (excluding Northern Ireland). Any order which is less than this amount will be charged with the cost of packing and carriage.
NORTHERN IRELAND Minimum carriage paid order – £400.00
EIRE Minimum carriage paid order – £700.00
EXPORT The prices printed within the current price list are ex works export prices, exclusive of export packing and carriage. MINIMUM ORDER VALUE – 50.00. The Company reserves the right to impose a surcharge on any orders accepted below this amount.
8) SPECIFICATION OF GOODS
The Company will use its best endeavour to supply goods to sample and of the same style, colour and specification as previously supplied, but may at any time, due to problems in the supply of raw materials or manufacturing or delivery problems, change without notice style, colour and specification, save to say the goods will be of the same merchantable quality.
The Company reserves the right to discontinue any of its products or remove them from sale without notice.
In accordance with the Trades Description Act 1968, all measurements and capacities specified are approximate.
9) TITLE OF OWNERSHIP Passing of Property
a) The full legal ownership of the goods will not pass from the Company until the Customer has paid to the Company the whole of all sums due to the Company under any contract between the Company and the Customer.
b) Until such payment is made, the Customer shall hold the goods the property in which is vested by virtue of this Condition on a fiduciary basis only and as bailee only for the Company and the Customer shall store the goods at no cost to the Company so that they are clearly identified as the property of the Company. As the Company has no responsibility in respect of the safety of the goods, the Customer should insure the goods accordingly.
c) If any payment is overdue under the contract relating to the goods, the Company may (without prejudice of its other rights and remedies) recover and resell the goods and may enter upon any land or building upon which the goods are situated for that purpose. Such payments shall become due immediately upon the commencement of any act or proceeding in which the Customer’s insolvency is involved.
d) The Customer has the right to sell for the account of the Company any goods the said property in which is vested in the company by virtue of this condition. As between the Customer and only sub-purchaser the Customer will sell as principal but as between the Customer and the Company the Customer will sell the Company’s goods as agent for the Company. The Customer shall be under a fiduciary duty to retain in a separate account and hold in trust for and to pay to the Company the proceeds of such sale to the extent that any monies are owed by the Customer to the Company.
e) If the Customer has not received the proceeds of any such sale, the Customer will upon being called upon so to do by the Company within 7 days thereof assign to the Company all rights against the person or persons to whom the Customer has supplied the goods.
10) PAYMENT TERMS
Net 30 days. A surcharge of 2% per month or part thereof will be added to any amounts outstanding after the normal settlement period.
11) PRICE LIST
The Company reserves the right to alter its printed price list at any time without notice.
THE TERMS AND CONDITIONS OF FOXFIELD Fine Leather, AS OUTLINED ABOVE, SUPERSEDE ALL OTHER CONDITIONS OF SALE OR CONDITIONS OF PURCHASE AS ISSUED BY THE CUSTOMER. NO ALTERATION TO THESE TERMS AND CONDITIONS MAY APPLY UNLESS AGREED BY A DULY AUTHORISED OFFICER OF THE COMPANY IN WRITING. ACCEPTANCE OF THIS PRICE LIST OR ACCEPTANCE OF AN ORDER BY THE COMPANY OR THE COMPANY’S REPRESENTATIVE IS DEEMED TO BE TOTAL ACCEPTANCE BY THE CUSTOMER OF THE ABOVE TERMS AND CONDITIONS.
The term “Company” refers to Foxfield Fine Leather and any of its associates and subsidiaries.