1.1 “The Company” means CUSTOM FITTINGS LIMITED.
1.2 “The Customer” means the person, firm or company that contracts with the Company for the purchase of goods or services.
1.3 “The Goods” means the products of any kind manufactured or sold by the company.
1.4 “The Services” means work of any kind carried out by the Company.
- CONDITIONS APPLICABLE
2.1 These conditions shall apply to all contracts for the sale of goods or services by the Company to the Customer to the exclusion of all other terms and conditions, including any terms or conditions that the Customer may purport to apply under any purchase order, confirmation of order or similar documents.
2.2 All orders for goods or services shall be deemed to be an offer by the Customer to purchase goods or services pursuant to these conditions.
2.3 Acceptance of delivery of the goods or service shall be deemed conclusive evidence of the Customer’s acceptance to these conditions.
2.4 Any variation to these conditions (including any special terms or conditions agreed between the parties) shall be inapplicable unless agreed in writing by a director of the Company.
2.5 In the event that information given by the Customer to the Company differs from that on which the quotation was based and involves the alteration of the quotation, the Company may increase the price quoted therein to cover any increase in cost that the alteration may incur and amend the delivery date.
- PRICE AND PAYMENT
3.1 The price of the goods or service shall be the Company’s quoted price which will be binding upon the Company provided that the Customer shall accept the Company’s quotation within 30 days.
3.2 The price is exclusive of VAT which shall be due at the rate ruling on the date of the Company’s invoice. Time for payment shall be the essence of the contract.
- DELIVERY OF THE GOODS
4.1 The Company will make every endeavour to meet the delivery times for the provision of the goods that are specified in the quotation but no guarantee is given as to delivery times which are forecasts only.
4.2 Delivery times shall run from the date of Sales Order Acknowledgement by the Company of the Customer’s order by email.
4.3 Delay in delivery shall not give the Customer the right to cancel the order.
4.4 The Company may deliver the goods or service by separate instalments in accordance with an agreed schedule. Each schedule shall be invoiced and paid in accordance with these terms and conditions.
4.5 The Company may arrange for carriage of the goods to the Customer’s address or the address of a third party. The costs of carriage and any insurance that the Customer reasonably directs the Company to incur shall be reimbursed by the Customer without any set off or other withholding whatsoever and shall be due on the date of payment of the price. The carrier shall be deemed to be the Customer’s agent.
4.6 The Customer can request goods are despatched using their courier partner. Account booking details must be provided upon request when the goods are ready to be shipped.
- DAMAGE, SHORTAGE AND LOSS
5.1 In the event that the Company delivers goods to the Customer which are damaged in transit, the Customer must notify the Company within three days of delivery of any damage, shortage or loss.
5.2 The Company shall not be liable for any loss or consequential loss arising from such damage or shortage if the Customer uses their own courier partner.
6.1 The Customer must notify the Company within 7 days of receipt of the goods of any defects in them. The Customer shall return the goods to the Company. An RMA form must be requested before returning any items.
6.2 If the Company accepts the Customer’s return, the Company shall have the choice of rectifying the defect via reworking or replacements. A credit will only be issued in the event that rework or replacement is not possible.
6.3 The company will not accept any charges for any work the Customer carries out to rectify a defect without consulting the company with a follow up of a written agreement from the Company.
6.4 Unless there is clear evidence what the fault is then the Company will want to inspect the product before making a decision on how to rectify.
6.5 The Company will dispatch any rectified goods to the Customer carriage paid.
- RETURNS, REPLACEMENTS & CREDITS
7.1 If the Customer wishes to return a product then an RMA form must be requested.
7.2 Goods returned by the Customer without an RMA form will not be actioned until an RMA form is completed.
7.3 The goods are to be returned to the Company undamaged, unused and in a resalable condition.
7.4 The Company will rectify goods sent in error or short deliveries as swiftly as possible without cost to the customer, by sending the replacement parts on the earliest possible despatch.
7.5 The Company will always try rectify the customers issues via a replacement product, rework etc. In the event this is not possible then a credit should be processed.
7.6 Items being returned by the Customer for a credit should be returned in a resalable condition and within 30 days of purchase (this may be waived depending on the specific circumstances)
7.7 If goods are returned to the Company seeking a credit after 30 days of purchase then a discretionary 30% restocking fee may apply.
7.8 The Company will cover any cost incurred by the customer returning the goods that is deemed a fault of The Company.
7.9 Returns department to notify a customer of credit acceptance and the amount they will receive.
7.10 The credit will processed and a credit note will be raised and emailed to the customer directly.
- ACCEPTANCE OF GOODS
8.1 The Customer shall be deemed to have accepted the goods if we have not heard from you within 14 days after delivery to the Customer.
8.2 After acceptance the Customer shall not be entitled to reject the goods that are not in accordance with the contract.
- TITLE AND RISK
9.1 Title and risk shall pass as hereinafter provided.
9.2 The goods shall be at the Customers risk from delivery or collection as the case may be.
9.3 In spite of delivery being made, property in the goods shall not pass from the Company until the Customer has paid the price plus VAT in full
9.4 Until property in the goods passes to the Customer in accordance with clause 9.3, the Customer shall hold the goods and stored appropriately until the title of goods shall pass to the customer.
9.5 Notwithstanding, that the goods (or any of them) remain the property of the Company, the Customer may sell or use the goods in the ordinary course of the Customers’ business at full market value for the account of the Company. Any such sale or dealing shall be a sale or sue of the Company’s property by the Customer on the Customer’s own behalf and the Customer shall deal as principal when making such sales or dealings. Until property in the goods passes from the Company, the entire proceeds of sale or otherwise of the goods shall be held in trust for the Company and shall not be mixed with any other money or paid into any overdrawn bank account and shall be identified at all times at the Company’s money.
9.6 The Company shall be entitled to recover the price (plus VAT) notwithstanding that property in any of the goods has not passed from the Company.
9.7 Until such time as property in the goods passes from the Company, the Customer shall upon request deliver up such of the goods as have not ceased to be in existence or resold to the Company.
- DELIVERED QUANTITY
10.1 The Company reserves the right to under deliver the quantity given on the quotation. The Company will make up the shortfall as soon as possible, at the cost to the Company.
- INTELLECTUAL PROPERTY
11.1 The specifications and designs of the goods (including the copyright, design right or other intellectual property in them) between the parties will be the property of the Company. Where any designs or specifications have been supplied by the Customer for the manufacture by or to the order of the Company then, the Customer warrants that the use of those designs or specifications for the manufacturing process, assembly or supply of the goods shall not infringe the rights of any third party.
11.2 The Customer shall indemnify the Company in full against all liability and cost of any infringement (alleged and proven) by the Customer of any patent, copyright, or other intellectual or industrial property.
11.3 The Customer shall not alter, deface, reproduce or use any of the Company’s IP.
11.4 All drawings, documents and other information supplied by the Company are supplied on the express understanding that the Customer will not without written consent from the Company.
11.4.1 give away, loan, reproduce, exhibit or sell any such drawings or copies
11.4.2 use them in any way except in connection with the components for which they are used.
- CUSTOMER DRAWINGS
12.1 The Company accepts no responsibility for the accuracy of information or drawings supplied by the Customer.
12.2 The Customer shall indemnify the Company from and against all actions, claims, costs and proceedings that arise due to the manufacture of components according to the drawings and specifications of the Customer, where such drawings and specifications of the Customer shall be incorrect.
- INSOLVENCY OR OTHER DEFAULT OF THE CUSTOMER
13.1 If the Customer fails to make payment for the goods in accordance with the contract of sale, or commits any other breach thereof or if any distress or execution shall be levied upon any of the Customer’s goods or if the Customer offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or any part of the Customers business assets or if the Customer shall suffer any analogous proceedings under foreign law, all sums outstanding in respect of the goods shall become payable immediately. The Company may in its absolute discretion and without prejudice to any other rights that it may have, suspend all future deliveries of goods to the Customer and/or terminate the contract without liability upon its part and/or
- PROPER LAW OF THE CONTRACT
14.1 This contract of sale is subject to the law of England and Wales.