NO SERVANT OR AGENT OF THE COMPANY OTHER THAN A DIRECTOR OF THE COMPANY HAS AUTHORITY TO BIND THE COMPANY TO A DEPARTURE FROM THE COMPANY’S CONDITIONS OF SALE OTHERWISE THAN IN WRITING ON A FORM OF QUOTATION OR ACKNOWLEDGEMENT OF ORDER CONTAINING THE COMPANY’S CONDITIONS OF SALE.
CONDITIONS OF SALE
Goods and Services provided by the company are sold on the terms and conditions stated herein notwithstanding any terms on the Customer’s order.
1. The “Company” shall mean Curteis Limited.
2. The “Customer” shall mean the person or organisation accepting the company’s quotation (whether written or oral) embodying these conditions.
3. The “Goods” shall mean products covered by the purchase order.
2. QUOTATIONS AND PRICES:
1. The Company shall be entitled to withdraw any quotation at any time prior to acceptance by the Customer
2. All published prices are subject to change without prior notice. The Company establishes its prices each day by reference to the ruling market prices, standard selling prices for each metal according to the quality and /or description of the metal or the Goods and the credit terms of sale. Unless otherwise agreed, Goods are sold by the Company on the condition that the price for each metal contained therein shall be the Company’s relevant standard selling price so established on the date of despatch of the Goods and all quoted prices for Goods shall be amended accordingly.
3. Unless otherwise specified in writing, all quotations expire 7 days after the date of issue and may be terminated earlier by notice. Quotations constitute only solicitations for offers to purchase.
4. Unless otherwise stated in writing by the Company all prices quoted shall be exclusive of VAT, United Kingdom export and overseas import duties, carriage, insurance, installation, commissioning, taxes or duties levied on the Company in the Customer’s country with reference to the Goods or any work undertaken for the Customer and any ancillary costs in respect of which the Company shall be entitled to make additional charges.
5. On no account may cancellation be accepted for any order. Orders may be modified after prior negotiation and agreement. Notification of any request for modification must be made in writing at least 30 days before the date of despatch of Goods.
1. The ownership of the Goods shall remain with the Company until payment in full has been received.
2. Unless otherwise agreed, the Customer shall pay the Company’s invoices within 30 days after the date of the invoice.
3. The Customer shall make all payments in full without withholding, deduction or set-off for any reason.
4. The Company shall be entitled to charge daily interest on overdue amounts at the rate of 2% per month from the due date of payment.
5. If the Company has reasonable doubts about the Customer’s ability or willingness to pay, the Company shall be entitled to suspend performance and to request payment on or before delivery or security for payment before continuing with performance of the contract. Such suspension will not allow termination of the outstanding balance of the order by the Customer.
6. The Customer shall pay all legal, administration and other costs incurred by the Company in recovering overdue sums from the Customer. An administration fee of £5.00 (or such other amount as the Company shall deem appropriate) will be payable by any Customer in the event of their cheque not bring honoured by the bank/building society. 7. All payments are due in the currency as requested in the invoice.
1. The Company will not sure its reasonable endeavours to deliver Goods by the agreed delivery dates or if no dates are stated, within a reasonable time.
2. All delivery dates are estimates only and time of delivery is not of the essence.
3. The Customer shall not be entitled to refuse to accept late delivery or treat late delivery as a breach of contract.
4. The Company shall not be liable for late delivery or non-delivery owing to any circumstances beyond its reasonable control (including any delay, act or omission of a third party carrier used by the Company) and delivery of any Goods shall be suspended for so long as such circumstances lasts.
5. If the Buyer refuses to accept delivery of the Goods, the Buyer shall in addition to the price, pay the Seller’s costs incurred in returning and storing or otherwise disposing of the Goods.
6. The Company shall not in any circumstances be liable for loss or damage to the Goods in transit.
7. Any claim in respect of error in type of Goods or in respect of the condition of the Goods delivered must be made in writing to the Company within 7 days of receipt of the Goods by the Customer. In the case of non-delivery or part delivery of Goods, notification must be given to the Company immediately an invoice is received.
8. The furnishing by the Company of Goods to the Customer shall constitute acceptance of the Goods by the Customer unless notice of defect or nonconformity is received in writing by the Company within 7 days of receipt of the Goods at the Customer’s designated receiving address.
9. Risk in the Goods shall pass to the Customer on delivery to the Customer or its agent, representative or carrier.
1. The Company warrants that the Goods sold or supplied hereunder (i) shall be free from defects in workmanship or material (ii) shall conform to any written specification expressly agreed and (iii) shall in the case of precious metal conform to the usual purities accepted by the trade as standard.
2. Except as expressly provided by (1) above, all conditions and warranties, express or implied as to the quality of the Goods or their fitness for the purpose whether arising by law, custom or any other course of dealing are hereby excluded.
3. The Company shall be under no liability whatsoever in respect of any loss, damage, liability or expense suffered or incurred by the Customer as a result of or in connection with the sale or supply of any Goods by the Company
1. Where the Goods provided are defective or differ from the specification, the Company may at its discretion repair or replace the Goods but will not credit or replace items that have been ill treated or suffered damage through normal wear and tear or where an attempt to repair has been made by a third party.
2. Before replacing any Goods in accordance with (1) above, the customer shall return the Goods to the Company, whereupon they will become the property of the Company.
3. The liability of the Company to the Customer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the Goods.
7. SALE OR RETURN SERVICE:
1. The Company may at its discretion forward up to three stocked items to a Customer for inspection. If the Customer does not wish to purchase any of the Goods they must be returned to the Company for credit within 30 days from the date of delivery and the postage charge will remain.
2. For health and hygiene reasons, no refunds are available on pierced earrings.
Goods may be returned or exchanged within 30 days of purchase, unless specifically purchased or bespoke manufactured for a Customer. Goods need to be returned in their original condition and will be credited at the price shown on the invoice including postage. If the Company permits the return of Goods purchased 30 days or more a surcharge of 5% will be deducted, plus the cost of the postage. If it is the opinion of the Company that the Goods are not re-saleable, the Customer will be credited with the scrap metal value of the Goods as at the date of return. If returning an item due to a fault of the Company’s or a manufacturing defect a full credit will be given and the Company will always return the postage charge.
The Company shall (without prejudice to any other remedy available to it) have in respect of all unpaid debts due from the Customer a general lien on all Goods or property of the Customer in the possession of the Company for whatever purpose and whether worked upon or not and shall be entitled on the expiration of not less than 14 days notice in writing to the Customer to dispose of such Goods or property as the Company shall think fit and to apply the proceeds of such disposal, in or towards the satisfaction of such debts.
10. SET OFF:
1. The Company may at any time without notice to the Customer set off any liability of the Company to the Customer whether the liability of the Customer or the Company shall be actual or contingent primary or collateral or joint and several and whether expressed as a liability to pay money or liability to deliver or transfer metal.
2. For the purpose of the setting off a liability to pay money against a liability to deliver or transfer metal or a liability to deliver or transfer metal of one kind against a liability to delivery or transfer metal of another kind, the Company may at any time without notice to the Customer convert any liability of the Company or the Customer to deliver or transfer metal into a liability to pay the market value of the metal in pounds sterling at the date when the Company elects to make such conversion.
If the Customer is in default in making any payments due to the Company (whether under the same contract or otherwise) the Company may suspend further delivery of Goods for so long as such default continues or it may cancel any outstanding order or undelivered balance thereof, without any liability to the Customer for such suspension or cancellation.
12. NO ASSIGNMENT:
This agreement is personal to the parties and may not be assigned at law or in equity without the prior written consent of the other party.
13. PASSING OF TITLE:
1. From the time of delivery of the Goods shall be at the risk of the Customer who shall be solely responsible for their custody and maintenance but, unless otherwise expressly agreed in writing, the Goods shall remain the property of the Company until all payments under any contract have been made in full and unconditionally. Whilst the ownership of the Company continues the Buyer shall keep the Goods separate and identifiable from all other goods in its possession as bailee for the Company.
2. In the event of any resale by the Customer of the Goods the beneficial entitlement of the Company shall attach to the proceeds of sale or other disposition thereof so that such proceeds or any claim therefore shall be assigned to the Company and until and subject to such assignment shall be held on trust in a separate identified account for the Company by the Customer who will stand a strictly fiduciary capacity in respect thereof.
3. In event of failure to pay the price in accordance with any contract, the Company shall have power to resell the Goods. Such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise and for such purposes the Company and its servants and agents may forthwith enter upon any premises or land occupied or owned by the Customer to remove the Goods.
1. All patents, copyrights, design rights and trade marks, right to confidence, and all other intellectual property rights, whether registered or unregistered, in any part of the world, in or developed by the Company in relation to the Goods are and shall remain the property of the Company.
2. The Company does not warrant that the import, export, advertisement, or sale of the goods will not infringe the intellectual property rights of any third party, and shall have no liability to the Customer in such case.
15. 15. GENERAL:
Goods are sold subject to manufacturing tolerances customarily accepted in the trade.
16. PROPER LAW:
The Contract shall in all respects be governed by English Law and shall be deemed to have been made in England and the Customer and the Company agree to submit to the non-exclusive jurisdiction of the English Courts.