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TERMS AND CONDITIONS
1. All orders placed are subject to acceptance by Express Umbrellas / Giftpoint Ltd, Giftpoint House, Mill Mead, Staines TW18 4UQ, Company number 3059763, herein referred to as The Company.
2. These Terms and Conditions of Sale supersede any Terms and Conditions proposed by the buyer and may not be varied except with the written consent of The Company which must be signed by a director.
3. Title in the goods supplied shall not pass until payment has been made of the full contract price and in any case of non-payment The Company shall be entitled to repossess or trace the goods or the proceeds of sale in the customer’s hands or in the hands of any liquidator or receiver and enter onto any of the premises where the materials are located to exercise this right. The risk in the goods shall pass to the buyer immediately on delivery of the goods.
4. Once an order has been placed with The Company you will be sent an Order Acknowledgement. Any queries regarding this need to be made in writing to The Company within 5 working days otherwise this will be considered as your acceptance.
5. When an order has been received and accepted by The Company and subsequently the customer order is cancelled, then The Company reserves the right to invoice any costs incurred as a result of the cancellation, this may include material costs, tooling and any design works incurred up to the date of accepted cancellation.
6. Unless otherwise agreed in writing by The Company, payment is to be made upfront before the goods are dispatched.
8. Any delivery dates given by The Company (whether before or after acceptance of order) are given in good faith and in the expectation that The Company will be able to fulfil them. The customer accepts that time is not the essence in this type of contract and The Company shall be under no liability for loss, damage or expense suffered by the customer or any third party arising from the failure of The Company to deliver on any specified date or time or place.
9. Copyright in respect of all published material or design originated by The Company remains in The Company and does not pass to the buyer on completion of any contract. This will not apply if specifically covered in writing by a separate contract the terms of which are to supersede The Company’s standard Terms and Conditions of Sale. Any such contract must be signed by a director of The Company.
10. Where the buyer has specified that the goods shall be of a certain colour or size, such specifications shall be subject to reasonable commercial variation.
11. When the goods are made or adapted by The Company in accordance with the buyers specifications the buyer shall indemnify The Company against all costs claims and expenses incurred by The Company in respect of the infringement or alleged infringement by such goods of any patents, registered designs, or other rights belonging to third parties.
12. THE COMPANY RESERVES THE RIGHT TO SUPPLY UP TO 5% OVER OR UNDER THE QUANTITY OF GOODS ORDERED, AND CHARGE ACCORDINGLY.
13. The Company will be prepared to consider claims concerning the quality of the goods provided that such claims are notified to the buyer in writing within seven days of receipt of the goods by the buyer and are limited to the amount of invoice value or the goods. This does not extend to:
a) Defects caused by the wilful or accidental damage, negligence, incorrect storage, movement of buildings or the components, installation (except by The Company or its servants or agents), or application with or without The Company’s prior knowledge.
b) Defects caused by fair wear and tear.
14. The contract shall be governed by and continued in accordance with English Law. The buyer hereby submits to the exclusive jurisdiction of the English courts.
15. All claims for damage to, or partial loss of goods in transit must be submitted in writing to both the carrier and the seller within three days of delivery. In the case of non delivery of the whole consignment, claims must be submitted in writing to both the carrier and the seller within seven days of receipt by the buyer or the buyer’s agent of notification of despatch of goods. In the absence of claims within the terms mentioned above the goods shall be deemed to have been delivered in accordance with the contract.