Terms & Conditions
Terms and Conditions
1. General Interpretation
“The Company” – means DeMontfort Fine Art Ltd (Co. number
“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
“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
“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
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.
Orders may be placed by email, in person, or by
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
No variation of the Contract shall become
binding unless confirmed and accepted in writing by the Company.
3. Prices and Payment
All prices are those in force at the date of the
All prices quoted do not include VAT or any other
taxes or duties applicable.
The Company shall be entitled to vary its price
list at any time and from time to time without prior notice to the customer.
VAT and any other applicable taxes or duties
will be charged at the rate ruling at the date of invoice.
Invoices are payable as per your agreed terms.
No discounts other than those shown on the invoice are given or may be taken.
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.
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
A 20% surcharge will be added to accounts passed
out for collection.
All invoices are to be paid in UK sterling
unless alternative arrangements have been agreed between the Customer and the
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.
The Company reserves the right to supply part of
any order as and when available and to deliver the balances at a later date.
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 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.
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
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.
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.
Any Goods returned without authorisation or
damaged or destroyed during return must be paid for in full.
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.
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.
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.
12. Art Disclaimer
- All resin coats do age and can discolour over time.
- Please ensure that the art is not exposed to sunlight, UV light, heat or light changes.
- Resin can scratch and mark, please avoid chemical and abrasive cleaners.