Terms & Conditions

TERMS & CONDITION FOR OCED LTD, ‘BSPOKE DESIGN’

GENERAL
(i) These Conditions shall govern all transactions into which OCED 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 OCED Ltd ‘the goods’ shall mean products sold or services performed by OCED 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 OCED Ltd to the customer requiring payment by Credit Card to OCED 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 OCED Ltd to the customer on which OCED 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 OCED 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 OCED Ltd or acting, purporting to act as an agent of OCED 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 OCED Ltd.
(v) No previous dealings or course of conduct between OCED Ltd and any customers shall vary or replace or prevail over these Conditions in any circumstances.

PRICES & QUOTATIONS
(i) All prices listed in the OCED Ltd Price List are correct at the time of publication of the current edition thereof. OCED Ltd will make all reasonable endeavours to ensure that goods are available at these prices. OCED 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 OCED 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 OCED Ltd quoting the credit limit required and the names and address of two current commercial references.
(ii) OCED 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 OCED 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 OCED 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, OCED 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 OCED 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 OCED 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 OCED Ltd to his vehicles or his premises on his instructions.
(iii) Such goods shall remain the sole and absolute property of OCED Ltd as legal and equitable owner until such a time as the customer shall have paid OCED Ltd the agreed price in full together with the full price of any other goods the subject of any other contract with OCED Ltd The customer shall pay all legal and other costs incurred by OCED Ltd in recovering any amounts owing from the customer and for goods in which title has been retained OCED Ltd.
(iv) The customer acknowledges that he is within possession of goods solely as bailed for OCED Ltd until such time as the full prices thereof is paid to OCED Ltd together with the full price of any goods the subject of any other contract with OCED 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. OCED 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.

DELIVERY
i) OCED Ltd reserves the right to charge carriage on deliveries as appropriate.
(ii) Should we envisage a delay in the order, OCED ltd will notify you within 4 days of the delivery date to make suitable arrangements.
(iii) 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 OCED Ltd control, will be accepted.
The customer shall:-
a) Check all goods delivered by OCED 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 OCED 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 OCED Ltd cannot accept liability. The submission of a claim within this time limit does not necessarily mean that OCED Ltd will accept liability in relation to such claim. A delivery note signed ‘unexamined’ is not sufficient to uphold a claim

ORDERS
(i) OCED 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. OCED Ltd cannot accept any liability for either the incorrect use or abuse of customer official orders.
Cancellation of bespoke orders:- The customer will be responsible for the cost of manufacture and other costs incurred in processing the order. Costs such as material purchase, labour, Installation, Transport of Materials, Removal of Containers and other costs incurred.
(ii) OCED 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 OCED Ltd in writing.
(iv) OCED Ltd retains the right to levy a handling change where a customer cancels an order.

RETURNS
(i) Only faulty goods (not matching the exact description of the order) may be returned by the customer. Such returns requiring OCED Ltd prior written consent.
(ii) Goods returned for credit must be accompanied by a delivery note quoting the number of OCED Ltd invoice against which the goods were originally supplied and the reason for return.
(iii) Goods returned as faulty will be replaced or credited at the customer’s discretion.
(iv) No liability can be accepted for loss or damage to goods returned by the customer.
(v) If there is a discrepancy between goods advised as returned and the actual goods received, OCED Ltd will only credit the goods actually received.