Terms & Conditions
Terms and Conditions of Trading
1. General Interpretation
“The Company” – means DeMontfort Fine Art Ltd (Co. number 02402634)
“The Conditions” – means the terms and conditions set out below and which save where agreed between the parties to the contrary in writing shall apply to all contacts between the parties for the supply of goods.
“The Contract” – means the contract between the Company and the Customer into which these conditions are incorporated.
“The Customer” – means the person, firm or company with whom the Contract is made.
“The Goods” – Means the goods described in the quotation or subsequently supplied to the Customer by the company.
“The Order” – means the written or oral order made by the customer.
“The Quotation” – means the written or oral quotation made by the Company to the Customer or to others on the Customer’s behalf (and shall include the Company’s Price List for the time being in force).
2. Quotations and Orders
a) All quotations made by the company shall be deemed to include these conditions except insofar as they are inconsistent with any special written terms or conditions contained in the quotation.
b) Orders may be placed by email, in person, or by telephone.
c) Cancellation or deferment of the Contract by the customer will be a breach of contract and the Company shall be entitled to charge the Customer for all costs incurred by the Company as a result of such cancellation of deferment.
d) No variation of the Contract shall become binding unless confirmed and accepted in writing by the Company.
3. Prices and Payment
a) All prices are those in force at the date of the invoice
b) All prices quoted do not include VAT or any other taxes or duties applicable.
c) The Company shall be entitled to vary its price list at any time and from time to time without prior notice to the customer.
d) VAT and any other applicable taxes or duties will be charged at the rate ruling at the date of invoice.
e) Invoices are payable as per your agreed terms. No discounts other than those shown on the invoice are given or may be taken.
f) If payment of any invoice is not made by the due date then interest may be charged from the date of invoice until the date of payment at 3% above National Westminster p.l.c. bank rate.
g) The Customer shall not be entitled to withhold payment of any amount payable under the Contract to the Company because of any disputed claim of the Customer in respect of faulty Goods or any other alleged breach of contract or otherwise nor shall the Customer be entitled to set off against any amount payable under the Contract to the Company any monies which are not then presently payable by the Company or for which the Company disputes liability.
h) A 20% surcharge will be added to accounts passed out for collection.
i) All invoices are to be paid in UK sterling unless alternative arrangements have been agreed between the Customer and the Company.
a) The Company will use its reasonable endeavours to complete delivery on or before any delivery dates requested by the Customer or estimated by the Company but will not be liable for any delay in delivery.
b) The Company reserves the right to supply part of any order as and when available and to deliver the balances at a later date.
c) The Company may withhold delivery of all or any part of the order without notice if the Customer has failed to pay promptly for all Goods supplied under a previous order or may require payment prior to delivery if the Company shall have any reasonable doubt as to the financial position of the Customer.
d) The quality of the Goods delivered under the Contract shall be recorded by the Company upon dispatch from the Company’s warehouse and the Company’s record shall be accepted by the customer as conclusive evidence of the quantity delivered.
e) It is the Customer’s responsibility to notify the Company if the Goods have not been received by the customer within seven days of the date of the receipt of the Company’s invoice. If no notification is made, the Customer shall be deemed to have received the goods.
5. Returns and Damaged Goods
a) Following delivery of an order, Goods may not be returned without authorisation by the Company. In the event of defective or damaged Goods, the Company must be informed within three days of receipt of the order, otherwise credit may be refused.
b) Goods returned for credit with the Company’s authorisation which are undamaged and which have been properly delivered in accordance with the Customer’s order and which will be subject to a charge of 15% of invoice prior to cover inspection and repackaging.
c) Any Goods returned without authorisation or damaged or destroyed during return must be paid for in full.
d) No Goods may be returned to our sales representatives without prior written confirmation.
6. Retention of Title
When delivered Goods shall be held by the Customer as the Company’s Bailee until all monies due from the Customer to the Company in relation to such Goods have been paid and the Goods delivered but not paid for shall be separately stored so as to be readily identifiable by the Company. Until such payment in full is made the Company shall retain full legal and equitable title to the Goods and the Company shall be entitled to enter on any premises of the Customer for the purpose of removing the Goods.
a) The copyright in and all other rights in Goods supplied to the Customer by the company shall be and remain vested in the Company or in the copyright owner shown on the goods.
The Customer shall not mount, frame or otherwise package any of the Goods in any way which might indicate to a purchaser that the Customer is the owner of any copyright in the Goods or alter or market the Goods in any manner which might infringe the copyright or any other intellectual property rights of the copyright owner of any third party.
b) If any claim shall be made against the Customer that any Goods supplied infringe the copyright in any other right of any third party the Customer shall promptly notify the Company thereof and the Company shall be entitled to conduct all negotiations for the defence or settlement of any such claim. The Customer shall afford all reasonable assistance to the Company in contesting any such claim and shall not make any admissions which may be prejudicial to the defence thereof.
Except as may be otherwise required by law the Company will accept no liability to the Customer or its customers under any so called ‘product liability laws’ in force at any time in any part of the world nor shall the Company be liable to the customer or to anyone else for any incidental or consequential damage or any loss or business or property.
9. Law and Jurisdiction
The Contract shall be deemed to be made in England. All Contacts made between the Company and the Customer shall be governed by the laws of England and any dispute arising therein shall be subject to the sole jurisdiction of the English courts.
10. Termination of a Contract
Either party, the Company or the Customer, has the right to terminate a contract providing one months’ notice has been given in writing.
11. For New Accounts Only
Acceptance confirmation of this order will be confirmed in writing within 7 days of order date.