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TERMS AND CONDITIONS OF SALE AND SUPPLY

1. Definitions

In these terms and conditions:

  • "The Company" refers to "WOMBOURNE BLINDS."

  • "The Customer" refers to the party with whom the Company enters into a contract.

  • "The Goods" refers to the items purchased from the Company and/or manufactured by the Company for the Customer.

  • "The Price" refers to the price stated in the Company’s quotations, price lists, or as agreed upon between the Company and the Customer.

2. General

  1. Any contract between the Company and the Customer for the supply and/or manufacture of goods (hereafter "The Contract") incorporates these terms and conditions, which supersede any conditions issued by the Customer.

  2. No variations to The Contract are valid unless confirmed in writing and signed by an authorized representative of the Company.

  3. Any waiver of these conditions by the Company does not affect its rights or remedies under The Contract.

  4. Descriptions and specifications provided by the Company are approximate and do not form part of The Contract.

  5. Any quotation by the Company is an invitation to the Customer to offer to purchase goods within the stated period.

3. Price

  1. Prices will be those in effect at the time of dispatch, whether listed in the Company’s price list or otherwise. Written quotations remain valid for the period specified, unless otherwise agreed in writing.

  2. The Company reserves the right to adjust the price to reflect increases in labor, materials, or overhead costs, unless otherwise agreed.

4. Payment

  1. Payment is due upon the invoice date, unless otherwise agreed in writing. Payment must be made in full without deductions unless agreed upon by the Company. Timely payment is essential.

  2. Late payments will incur interest on the outstanding amount from the date the payment is overdue until paid in full. This interest will be charged at 1% per late day

  3. In case of late payment, the Company reserves the right to treat The Contract or any other contracts as repudiated, without affecting its legal rights.

5. Delivery

  1. Delivery dates, if provided, are estimates only. The Company is not liable for failure to meet these dates, and such failure does not entitle the Customer to cancel The Contract.

  2. The Customer must accept delivery on the estimated date or as otherwise communicated. If the Customer fails to take delivery, they will be responsible for any incurred storage fees, which will be added to the price.

  3. The Customer must ensure that delivery vehicles are not obstructed at the delivery site. The Company may refuse delivery if access is deemed unsafe.

  4. The Customer is responsible for providing adequate labor and facilities at the delivery site.

  5. If delivery by road transport is not feasible, the Company may require the Customer to take delivery at a depot.

  6. The Customer is responsible for recycling any waste, including packaging, appropriately. If the Company removes waste, a fee of £175 will apply.

6. Return of Goods

Goods will not be accepted for return unless prior written consent has been obtained from the Company.

7. Risk

Risk in the goods passes to the Customer upon delivery to the designated location or collection by the Customer.

8. Title

  1. Ownership of the goods remains with the Company until full payment is received. The Customer holds the goods as a bailee until payment is made.

  2. The Company reserves the right to repossess goods if payment is not made, and may access the Customer’s premises to do so.

  3. The Customer shall not deface or remove any identifying marks on the goods while they remain the property of the Company.

  4. The Company may pursue legal action for payment even if title has not passed to the Customer.

  5. If the goods are resold before full payment, the Company reserves the right to trace the goods or proceeds from the sale.

9. Conditions and Warranties

  1. No representations or warranties are incorporated into The Contract unless explicitly stated.

  2. The Company’s liability is limited to replacement or repair of defective goods, excluding other warranties, except where exclusion of statutory warranties is unreasonable.

  3. The Company does not warrant goods for any particular purpose unless such advice is given in writing by an authorized employee.

  4. If the Customer is a consumer, statutory rights under the Sale of Goods Act 1979 are unaffected.

10. Liability

  1. The Company’s liability for death or personal injury is not limited under The Contract.

  2. The Company is not liable for losses caused by force majeure events beyond its control.

  3. The Company is not responsible for acts or omissions outside its control.

  4. Liability for defective goods is limited to repair or replacement, and damages will not exceed the sale price. The Company is not liable for indirect or consequential losses.

  5. The Customer must inspect goods upon receipt and notify the Company of any issues in writing. Claims for defective goods must be made within the specified period.

  6. Any claims for non-delivery must be made in writing within five days of the expected delivery date.

11. Breach and Insolvency

If the Customer breaches The Contract or becomes insolvent, the Company may terminate any ongoing contracts without prejudice to its rights.

12. Cancellation

  1. Orders for goods to be delivered directly from manufacturers or third parties cannot be canceled by the Customer.

  2. Orders for goods collected or delivered from the Company’s premises may only be canceled with the Company’s consent.

  3. If the Company agrees to a cancellation, a re-stocking fee of 20% of the contract price may be charged.

13. Waiver

Failure by the Company to enforce any rights under The Contract does not constitute a waiver of those rights.

14. Severance

If any provision of these terms is deemed invalid or unenforceable, the remaining provisions will remain in full force.

15. Governing Law

These terms and conditions are governed by English law, and both parties submit to the jurisdiction of the English courts.

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