TERMS & CONDITION FOR DECO Group Ltd, ‘BSPOKE DESIGN’
(i) These Conditions shall govern all transactions into which DECO Group Ltd (‘Bspoke Design’) enters with its customers.
(ii) In these conditions ‘customers’ shall mean the other party to any quotation, offer, order or contract with or by DECO Group Ltd ‘the goods’ shall mean products sold or services performed by DECO Group Ltd.
‘Invoice’ shall mean the document despatched to the customer requiring payment and containing specifically, or by inference, these Conditions:
‘Proforma invoice’ shall mean an invoice sent by DECO Group Ltd to the customer requiring payment by Credit Card to DECO Group Ltd before despatch of goods;
‘Order’ shall mean the goods requested by the customer either by facsimile, electronic mail or by post on the customer’s official order form or company letterhead, signed, or in the case of electronic orders; provided with the customer order confirmation number.
‘Delivery Note’ shall mean the document accompanying the goods in their despatch and delivery from DECO Group Ltd to the customer on which DECO Group Ltd lists the goods despatched against the customer’s order and on which the customer signs for receipt of the goods and returns a copy to DECO Group Ltd.
(iii) No conditions or stipulations in or attached to any form of order submitted by the customer, or otherwise sought to be imposed by the customer, and which are inconsistent with the conditions or which purport to add to or modify them in any way shall have any effect.
(iv) No person in the employment of DECO Group Ltd or acting, purporting to act as an agent of DECO Group Ltd has the authority to accept orders or supply goods on any conditions other than these conditions or vary these conditions in any way whatsoever, except by written agreement between the customer and Director of DECO Group Ltd.
(v) No previous dealings or course of conduct between DECO Group Ltd and any customers shall vary or replace or prevail over these Conditions in any circumstances.
PRICES & QUOTATIONS
(i) All prices listed in the DECO Group Ltd Price List are correct at the time of publication of the current edition thereof. DECO Group Ltd will make all reasonable endeavours to ensure that goods are available at these prices. DECO Group Ltd cannot be held responsible if supplies are unobtainable or otherwise un-saleable.
(ii) All quotations are made at current prices listed in the current edition of the DECO Group Ltd Price list but such quotations are subject to alterations in accordance with prices current at the time of despatch of the goods and are subject to change without prior notification.
(iii) The prices quoted on Proforma invoices are only valid for the period specified thereon. If no period is specified thereon then the prices quoted are valid until the end of the calendar month in which the invoice was raised.
(iv) All prices quoted on invoices including Proforma invoices are subject to the addition of Value Added Tax at the rate current at the time of despatch.
PAYMENT & SETTLEMENT TERMS
All orders on a strict proforma basis
(i) Customers who wish to open credit facilities shall apply in writing to DECO Group Ltd quoting the credit limit required and the names and address of two current commercial references.
(ii) DECO Group Ltd retains the right to decline any application for credit facilities without giving any reason.
(iii) Credit accounts are subject to settlement by the customer in line with agreed terms. When payment is overdue DECO Group Ltd reserves the right to charge interest on the amount overdue at such rate as may be permitted by law from time to time.
(iv) When a credit customer is in default in the payment of any account then all sums owed to DECO Group Ltd by the customer on any account whatsoever become immediately due and payable in full.
(v) Where a cheque is offered by the customer in payment for goods, DECO Group Ltd reserves the right to delay the despatch of the goods pending the clearance of that cheque.
(vi) If for any reason the customer disputes the payment of any invoice, not withstanding this, he shall still pay all other invoices when they become due.
RETENTION OF TITLE
(i) The customer acknowledges that before entering into a agreement for the purchase of any goods from DECO Group Ltd he has expressly represented and warranted that he is not insolvent and has not committed any act of bankruptcy or being a company with limited or unlimited liability know of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver, administrative receiver or liquidator to partition for winding-up of the company or exercise any other rights over or against company’s assets.
(ii) Goods which are the subject of any agreement by DECO Group Ltd to sell, (which expression means, without limitation, any order) shall be at the risk of the customer as soon as they are delivered by DECO Group Ltd to his vehicles or his premises on his instructions.
(iii) Such goods shall remain the sole and absolute property of DECO Group Ltd as legal and equitable owner until such a time as the customer shall have paid DECO Group Ltd the agreed price in full together with the full price of any other goods the subject of any other contract with DECO Group Ltd The customer shall pay all legal and other costs incurred by DECO Group Ltd in recovering any amounts owing from the customer and for goods in which title has been retained DECO Group Ltd.
(iv) The customer acknowledges that he is within possession of goods solely as bailed for DECO Group Ltd until such time as the full prices thereof is paid to DECO Group Ltd together with the full price of any goods the subject of any other contract with DECO Group Ltd
(v) The customer’s right to possession of the goods shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a company, does anything or fails to do anything which would entitle any person to present a petition for winding-up. DECO Group Ltd may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
(i) DECO Group Ltd reserves the right to charge carriage on deliveries as appropriate.
(ii) Should we envisage a delay in the order, DECO Group Ltd will notify you within 4 days of the delivery date to make suitable arrangements.
(iii) If delivery is delayed by the customer, we will store the goods free of charge for a reasonable period of 7 to 14 days subject to space in the workshop. After this period, we will charge a reaonable sum to cover storage and expenses incurred.
(iv) No liability for direct or consequential loss or damage arising from delay in the delivery of goods, including without prejudice to the generality of the foregoing any delays due to any Act of God, war, civil disturbance, strikes, lock-outs or any act outside DECO Group Ltd control, will be accepted.
The customer shall:-
a) Check all goods delivered by DECO Group Ltd and sign the delivery note for the goods in the presence of the driver;
b) Mark any discrepancies between goods ordered and goods delivered on the delivery note prior to signing; and
c) refuse any goods found to be damaged and mark the delivery note accordingly.
(vi) Any claims over damaged goods or discrepancies between the goods listed on the delivery note and the goods delivered to the customer must be submitted to DECO Group Ltd with full particulars of the orders, the delivery note and any other relevant information in writing within 24 hours of the delivery, failing which DECO Group Ltd cannot accept liability. The submission of a claim within this time limit does not necessarily mean that DECO Group Ltd will accept liability in relation to such claim. A delivery note signed ‘unexamined’ is not sufficient to uphold a claim
(i) DECO Group Ltd’s trading policy is only to supply bona fida trade customers against official customer orders. The proper control and authorisation of official orders is deemed to be the responsibility of the customer. DECO Group Ltd cannot accept any liability for either the incorrect use or abuse of customer official orders.
(ii) DECO Group Ltd reserves the right at anytime and without explanation to:
a) refuse to accept an order or to cancel an order
b) Suspend deliveries against an order whether or not an account is in arrears.
c) Refuse cancellation of an order
d) Cancel unexecuted instalments of an order
(iii) No variation of an order will be recognised unless otherwise agreed by DECO Group Ltd in writing.
(iv) DECO Group Ltd retains the right to levy a handling change where a customer cancels an order.
(i) Only faulty goods (not matching the exact description of the order) may be returned by the customer for repair or replacement only. Such returns requiring DECO Group Ltd prior written consent.
(ii) No liability can be accepted for loss or damage to goods returned by the customer.
(i) Warranties & Defect
Whilst the Company will be fair and reasonable and all products are supplied in good faith and believed to be suitable for their intended use, no conditions or warranties are made or implied as to the quality or life expectancy of the products beyond a 12 month period.
The 12 month warranty applies to the original purchase from the date of purchase and covers manufacturing faults and defects only. If an item should fail as a result of a manufacturing fault or defect, the manufacturer at their discretion will repair, refinish or replace the failed item. The warranty also does not cover any parts or products that are subject to normal wear and tear. In the event of a failure, it is the customer's responsibility to return the item for inspection.
We cannot accept liability in respect of any defect arising from fair wear and tear, willful damage, abnormal working conditions, failure to follow our instructions, or the alteration or repair of the goods without our approval. We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
If planters have been repaired by the client, we will not accept responsibility for the repair works carried out and will void the warranty.
In all cases, reasonableness and fairness shall be the prevailing factor.
(i) Watertight Planters
Although some of the Planters supplied by the Company are manufactured to be watertight, the Company cannot guarantee the product will be and remain watertight in situe. The Company will not be held responsible for damage to third party property due to leaking planters or liners and strongly recommends a water test prior to use. Nor will theCompany be held responsible for plants or trees that perish due to lack of water.
The planters supplied are to be used on smooth surfaces and we will not be liable if damage is caused by the planters used bumby surfaces or a rough terrain.
(iii) Channel Feet
Planters can be design with either 2 channel feet or 4 corner feet. It is the customers resonsiblity to insure that the containers are stable on site. We will not be liable if there is an insufficent supporting base for the planters.
(iii) Drainage Holes
We will not be liable for any subsequent damage caused by water over loading.