Conditions of Sale for MarQue UK:
In these Conditions the following terms mean:
Company MarQue UK (Mark Greenhalgh t/a MarQue UK);
Conditions the standard terms and conditions as they are set out in this document and any special terms and conditions agreed in writing between the Customer and the Company;
Contract an agreement between a Customer and the Company for the sale and purchase of Goods;
Customer a person, firm, company or other body which wishes or agrees to buy the goods;
Goods goods which are the subject of a Contract; and
Order an order by a customer for the purchase of goods from the Company.
The headings in the Conditions are for convenience only, and shall not affect their interpretation.
1. GENERAL
1.1 The company shall sell and the Customer shall purchase the goods at a price determined in accordance with the conditions.
1.2 Any Contract shall automatically incorporate the Conditions which shall prevail over any other conditions attached to any Order or acceptance or other written or oral information notwithstanding any conditions therein to the contrary and any such other condition shall not form part of any Contract between the Customer and the Company.
1.3 The waiver or variation of any of the Conditions at any time by the Company shall constitute a waiver or variation for the purposes of that particular transaction only and to no other transaction between the Company and the Customer unless expressly agreed in writing by the Company and any of the other Conditions not specifically waived or varied shall remain in full force and effect.
1.4 No alteration to the Conditions will be accepted or implied unless expressly agreed in writing by the Company.
2. QUOTATIONS, ORDERS AND PRICES
2.1 All quotations by the Company are subject to the Conditions.
2.2 The price of the Goods shall be the Companys quoted price at the time of the order, save that the Company reserves the right, at any time before delivery, to vary the contract price for goods if there is any imposition of government tax, rise in cost of raw materials or labour, or if the cost of providing the Goods is increased by any other factor beyond the control of the Company. The quoted price for Goods is exclusive of VAT.
2.3 The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable statutory or EC requirements or which do not materially affect their quality or performance.
2.4 Roberta Gandolfi Handbags and Accessories are manufactured specially to order and therefore any cancellations by the Customer must me made to the Company in writing within 2 weeks of placing the order. Cancellations will only be considered cancelled upon receipt of confirmation from the Company to the Customer. Cancellations after this period will be at the discretion of the Company and full costs may be applied to the Customers account.
2.5 Any orders placed outside of the UK will be subject to 30% payment of the order value (excluding shipping costs) at the time of placing the order and the remaining 70% prior to delivery. Shipping is at the responsibility of the Customer for this type of order but can be arranged by the Company but will be charged to the Customer.
2.6 The minimum order quantity for Roberta Gandolfi handbags is 15 pieces. Orders below this amount can only be made in agreement by a Company representative and may be subject to carriage charges.
3. PAYMENT
3.1 Each invoice is to be paid according to the payment terms specified on it.
3.2 Unless otherwise stated on the invoice payment must be made within 30 days of the date of invoice and in Pounds Sterling. The Company reserves the right to charge interest on all overdue payments. Interest will be charged at a rate of 2% per month (24% Apr)
3.3 Unless otherwise specified there will be a 5% discount on the amount due for the Goods if payment is received by the Company within 7 days of the date of invoice.
3.4 Time shall be of the essence with regard to all payments.
3.5 A Customer may not withhold or reduce any amount payable to the Company by reason of claims or alleged claims against the Company. All of the Customers rights of set off exercisable in common law are expressly excluded.
4. DELIVERY
4.1 While the Company will make every effort to effect delivery in accordance with any quoted dates or periods, no guarantee is implied as to delivery dates nor will the Company be liable for any loss or damage arising from delays in delivery howsoever caused and whether with respect of the whole or part of and Order or a delay in deliveries or instalments.
4.2 Where a Contract involves more than one delivery the Conditions shall apply to each and every delivery.
4.3 In the absence of specific delivery instructions from the Customer, the Company will deliver the Goods by the method which in its opinion is most suitable.
4.4 The Company will charge carriage of £10.00 for delivery of any goods for which the value (net of any discounts or other deductions and excluding VAT) is less than £300.00 on initial orders or £150.00 on repeat orders.
The Company will charge carriage in Northern Ireland, Isle of Man, Channel Islands and Scottish Highlands of £20.00 for delivery of any Goods for which the value (net of any discounts or other deductions and excluding VAT) is less than £250.00
The Company will charge carriage in Southern Ireland (Eire) of €35.00 for delivery of any Goods for which the value (net of any discounts or other deductions and excluding VAT) is less than €450.00.
An Insurance charge of £ 3.00 will be applied to all invoices.
5. RISK OF LOSS OR DAMAGE
5.1 The risk of loss or damage to the Goods shall pass to the Customer on despatch of the Goods from the Companys or its warehousing agents or carriers premises.
6 CLAIMS AND LIABILITY
6.1 Except in the case of death or personal injury caused by the Companys negligence the Company shall not be liable for any direct loss or damage attributable to defects in Goods or in respect of conditions or warranties whether express or implied by statute or at common law which have not been confirmed by the Company in writing.
6.2 Except in the case of death or personal injury caused by the Company’s negligence the Company shall not be liable for any consequential loss or damage attributable to defects in Goods or in respect of conditions or warranties whether express or implied by statute or at common law which have not been confirmed by the Company in writing.
6.3 Without prejudice to the foregoing, goods represented by a Customer to be defective will, if returned unused to the Company and accepted by the Company as defective, be repaired so as to be as originally ordered or at the option of the Company the net cost will be credited to the Customers account or the Customer will receive a replacement.
6.4 Any complaint of damages. Short delivery or loss in transit must be made to the Company within 3 days of delivery to the Customer. In the case of non-delivery a claim, in writing, must be made to the Company within 10 days of the date of the Companys invoice.
7. TITLE OF GOODS
7.1 Ownership of all Goods supplied or made available to the Customer or its nominated representatives is transferred to the Customer only when full payment is received by the Company for the Goods and any other sums due to the Company by the Customer, howsoever incurred.
7.2 Until full payment is made, the Customer holds the Goods as fiduciary agent and bailee for the Company and shall keep the goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Companys property, but the Customer shall be entitled to resell or use the Goods in the ordinary course of its business.
7.3 If payment is overdue under the Contract or any other Contract between the Company and the Customer (in either case in whole or in part), the Company may recover or recall the Goods or any part of them and may enter the Customers premises for this purpose.
7.4 If the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) become bankrupt or (being a Company) becomes subject to an administration order or goes into liquidation or an encumbrancer take possession, or a Receiver is appointed, of any of the property or assets of the Customer, then all the moneys under any Contract shall become immediately due and payable.
8. FORCE MAJEURE
8.1 No liability will be accepted for any failure of or delay in performance where performance is wholly or partially delayed, hindered or prevented by any circumstances which is not within the Companys immediate control (including but without limiting the generality of the foregoing) strikes, lockouts, labour disputes of any kind, fire, accidents, breakdown of plant, delay or interruption of transport, unavailability of materials, wars hostilities, or any local or national emergency, compliance with any order or request of a government or other public authority or force majeur of any kind.
9. SEVERABILITY
9.1 If any provision of the Conditions is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected.
10. LAW OF CONTRACT
10.1 The interpretation and performance of the Contract and the Conditions shall be construed in accordance with and governed by English Law and shall be subject to the non-exclusive jurisdiction of the English Courts.
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