This site is owned by Weyland (hereafter The Company) a partnership based in England, with registered address at Unit C Chancel Close, Gloucester, GL4 3SN Gloucester United Kingdom
The Customer means the person, firm or company purchasing the goods or service.
Any purchase of goods from the site claytonmunroe.com requires the Customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
WARRANTY
Subject to condition
2 and 3 below, the Company warrants that all goods supplied by it ("the
Goods") will be free from material defects in materials or workmanship for
a period of 12 months from the date of delivery. The Company's obligation in the event of a
breach of this warranty is limited to the repair or replacement of any
defective goods and does not extend to any consequential loss, damage, loss of
profit or expense suffered by the customer or third parties, except in the case
of death or personal injury caused by the Company's negligence. Claims under this warranty must be in
writing. At the request of the Company
the goods must be returned to the company by the customer. In the event of the Company accepting
liability under this warranty reasonable freighting costs will be reimbursed to
the Customer. The Company shall be under
no liability for any defect or failure in the goods arising from any drawing,
design or specification supplied by the Customer. The Company shall be under no
liability if the defect or failure, in the reasonable opinion of the Company,
arises from wilful damage, misuse, negligence by the Customer or any third
party, failure to follow the Company's installation or maintenance
instructions, or alteration or repair of the goods without the Company's prior
written approval. The Company shall be under no liability if the price for the goods has not been paid by the due date for payment. The Company reserves the
right to vary the published specification without notice and any advice,
recommendation or representation concerning the goods given by the Company to
the Customer or any third party, which is not confirmed in writing by the
Company, is acted or relied upon, this is done entirely at the Customers discretion
without any liability whatsoever upon the Company. All other warranties (save
for section 12 Sale of Goods Act) are to the fullest extent permissible
in law, excluded from this Contract.
MAnufacturing tolerance
Due to the various
manufacturing processes and/or base material it is not possible to replicate
each individual item exactly. Acceptable
variation in dimensions and finish will occur between products and finishes. In
placing an order, the Customer accepts this inherent process variation.
FINISHES
For products that are
finished in Patine or Black, especially if used externally, some tarnish or
corrosion must be expected especially where two surfaces are in close proximity
or have rubbed together or where the lacquer has broken down. The maintenance instructions issued by the
Company must be followed which will minimise any tarnish or corrosion and help
maintain the finish. Providing the
maintenance instructions are adhered to, the Patine and Black finishes are
guaranteed for 2 years against excessive tarnish or corrosion and 10 years for
any product with a PVD finish. No liability is accepted for corrosion or
tarnish where waxed, lacquered, or plated materials that have not undergone thePVD treatment, are used
externally or in areas of high humidity or pollution. Section 1. above sets out the Company’s
obligation in the event of a breach of this warranty.
quotations
Any quotation, estimate or
price given by the Company is given in good faith but constitutes only an
invitation to the Customer to make an offer and any order of the Customer
placed with the Company pursuant of a quotation, estimate or price given by the
Company or otherwise is not binding on the Company until such time as the order
is accepted by the Company. At it’s own discretion, the Company may issue an
order confirmation and the Customer shall immediately notify the Company of any
mistakes or inaccuracies on such confirmation. Failure to do so, the customer
shall be liable for the full price of the Goods as set out on the order confirmation.
prices and payment
Unless otherwise agreed in
writing by the Company, the price of the Goods shall be the price as set out in
the Company's price list current at the date of delivery of the Goods. Until
such time as an order is accepted by the Company, prices are subject to
alteration without notice. The Customer
is liable to the Company for Value Added Tax and any other tax or duty relating
to the contract. Where prices or
discounts are dependant on minimum quantity of items purchased or order values,
even if this is to be achieved over a period of time, then should any
subsequent order or orders not result in reaching the minimum required or the
minimum is reached but subsequent product returns take the totals below the
minimum, then the Company reserves the right to revise the price charged on
related invoices and make a charge to the customer for the value of the
resulting price difference. Payment can
be made with cash or any other means of cleared funds that is acceptable to the
Company. If payment is made by cheque not supported by a cheque guarantee card,
the Company requires the cheque to be cleared before Goods can be
released. For Special items the Company
may require full payment or a proportion of the cost to be paid at the time of
ordering with the balance payable prior to dispatch. Special items are products that the Company
either manufactures to the Customers specification or items that the Company
obtains from its supplier specifically for the Customer.
Delivery
Delivery dates are given
in good faith and are adhered to as closely as possible but no liability is
accepted for any unforeseen delays subsequently arising or for any
consequential loss or damage caused to the customer or third parties as a
result of any delays for whatever reason. The Company may deliver in
instalments and issue a separate invoice for each instalment. The Customer may
request part delivery with each consignment subject to carriage charges. If any
item was sent in error the Company will arrange collection from the customer
and deliver the correct item free of charge.
samples and display material
The Company may supply samples at the request of the Customer for
approval purposes. Samples will be invoiced and paid for or charged to an
approved trading account. With the exception of ‘Special’ items, samples are
provided on a sale or return basis for 28 days;
during this time the customer may return the samples to the Company in an
undamaged and complete condition, the Company will then issue a full refund for
the price paid for the item excluding carriage or incidental charges. At its
own discretion the Company may provide all or part of these samples free of
charge when they will be provided on loan and shall remain the property of the
Company. The Company reserves the right to make a charge should any item on
inspection not be in its original undamaged condition or is incomplete. The Company may also provide sample products
for display and marketing purposes and may at its own discretion provide all or
part of these samples free of charge when they will be provided on loan and
shall remain the property of the Company.
The Customer undertakes to use these sample products solely in the
promotion of the Company’s products and to keep these products in good order
and condition and to return them to the Company or make them available for
collection by the Company or its agent, within 7 days of a written demand from
the Company to that effect. In the event
of the Customer failing to return or make available these Goods then the
Company will be entitled to invoice the Customer for the current value of the
Goods together with any expenses incurred in attempting recovery.
risk
The risk in the goods for
loss or damage passes to the Customer under delivery to the Customer or his/her
representative irrespective of whether title to the goods has passed or not.
transit damage and shortages
These must be reported to
the Company within two working days of receipt of the goods and confirmed in
writing.
CArriage
Unless otherwise agreed,
for orders delivered within the U.K. mainland, the
Company's standard delivery tariff applicable at the date of despatch will
apply. Express carriage will attract
additional cost according to the delivery service level and the weight. Delivery charges for non-mainland UK regions and
for overseas deliveries are by quotation.
Force Majeure
The Company shall not be liable to the Customer, or be deemed to be
in breach of the contract with the Customer, by reason of any delay in
performing, or failure to perform any of the Company's obligations in relation
to the goods, if the delay or failure was due to force majeure or to any cause
beyond the Company's reasonable control.
trading accounts
For approved monthly
trading account customers, payment must be received by the end of the month
following the month of invoice. The Customer may not withhold payment of any
invoice or other amount due to the Company by reason of any dispute of whatever
nature or counterclaim or right of set-off. The Company may from time to time
and at it’s own discretion set-off any payment received to a customers account,
towards the satisfaction of all and any liabilities of the Customer to the
Company. Time shall be of the essence
with regard to payment. In the event of an invoice becoming overdue for payment
then at the discretion of the Company any discount will be forfeited and
interest will be charged on the overdue amount at a rate of no more than 8%
above Lloyds TSB Plc base rates. In
addition to interest charges, any costs incurred by the Company in respect of
administration and recovery of the overdue invoices will be charged to the
Customer and will become immediately due for payment. The Company may withdraw or reduce or alter
the terms of any trading account facilities that it provides the Customer at
any time and at its own discretion.
reservation of title
The goods sold under these conditions shall remain the absolute
property of the Company and legal title in the goods shall remain vested in the
Company until payment in full of all amounts invoiced or due to the Company in
respect of the goods or related charges is made in cleared funds. The Customer
shall store the goods separately and shall ensure that they are clearly
identified as the Company's property and shall ensure they are maintained in a
satisfactory condition. If the Customer
shall enter into liquidation, have a winding-up order made against it, or have
a receiver, administrator or administrative receiver appointed over its assets,
income or any part thereof before the property in the Goods has passed in
accordance with this condition, the Company shall be entitled, immediately
after giving notice of its intention to repossess the Goods, to enter upon the
premises of the Customer with such transport and tools as may be necessary and
to repossess any goods to which it has title under this condition. No liquidator, receiver, administrator or
administrative receiver of the Customer shall have authority to sell goods to
which the Company has title without prior written consent of the Company.
INSOLVENCY of the customer
If the Customer, being a
body corporate, shall pass a resolution or suffer an order of the Court to be
made for winding-up, or if a receiver, administrator or administrative receiver
shall be appointed or, being an individual or partnership, shall suspend
payment, propose or enter into any composition or arrangement with his or their
creditors, or have a bankruptcy order made against him or them, then the
Company shall have the right, without prejudice to any other contract with the
Customer, not to proceed further with the contract, and shall be entitled to
charge for work already carried out (whether completed or not), for goods and
materials already purchased for the Customer and for any related expenses
incurred, such charge to be an immediate debt due from the Customer.
returns
With the exception of ‘Special’ items, the Customer can return the
goods to the Company in an undamaged condition and complete with it’s
components and fixings within 28 days of purchase and the Company will issue a
full refund for the price paid for the item excluding carriage or incidental
charges, except where the price paid was quantity or order value related in
which case the refund will be calculated on the revised quantity or order value
level applicable after the return is taken into account. If any item was sent in error, the Company
will arrange collection from the Customer and deliver the correct item free of
charge or refund reasonable return carriage costs incurred by the customer.
Where the Company declares that a delivered item is faulty, the Company will
arrange collection from the Customer and deliver the correct item free of charge
or refund reasonable return carriage costs incurred by the customer. In all
other circumstances the cost of returning the goods is the responsibility of
the Customer. The Company reserves the right to make a charge should any item
upon inspection not be in its original undamaged condition or incomplete. Special items cannot be returned. Where prices or discounts are dependant on
minimum quantity of items purchased or order values, even if this is to be
achieved over a period of time, then should any subsequent product returns take
the totals below the minimum, then the Company reserves the right to revise the
price charged on related invoices and make a charge to the customer for the
value of the resulting price difference.
RETURNS
Special items are products that the Company either manufactures to
the Customers specification or items that the Company obtains from its supplier
specifically for the Customer. The
Company will make the Customer aware of these items by the issue of a ‘Special
Item’ order acknowledgement. Because of
their unique nature, special items cannot be returned unless faulty in
manufacture.
INTELLECTUAL &
PATENT RIGHTS ETC
The placing of an order
with the Company will be a recognition by the Customer of the rights of the
Company under patents, trademarks, registered designs or other intellectual
property rights relating to the goods, and the customer undertakes that patent
numbers, trademarks or other trade markings on goods supplied shall not be
obliterated, altered or defaced. The Customer undertakes not to take any action
that may infringe the Company's intellectual property rights in the Goods.
Rights of third parties
Nothing in these terms and conditions shall
confer any benefits or the right to enforce any term of this Contract on any
person who is not a party to the Contract under the Contracts (Rights of Third
Parties) Act 1999.
errors and omissions
Any typographical, clerical or any other error or omission made by
the Company shall be subject to correction without liability on the part of the
Company.
terms and conditions and applicable law
The Company only accepts
orders and sells its goods upon and subject to it’s own terms and conditions
which shall prevail over any terms or conditions of the Customer. Any waiver by the Company of any breach or
default of these terms shall not be construed as a continued waiver of that
breach nor as a waiver of any subsequent breach of the same or any other
provision.
Terms & Conditions are
subject to periodic review. The current version is available upon request.
These terms and conditions shall be governed by and construed in accordance
with English law and the parties acknowledge and accept the exclusive
jurisdiction of the English Courts.
statutory rights
These Terms & Conditions excepted, the Customer's statutory rights are not effected.
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