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Trading Terms and Conditions

1. Preliminary Work - Designs, Models, Samples, and/or other work produced, whether experimentally or otherwise at the Buyers request, will be charged for. No work produced by the Sellers shall be exhibited, displayed or reproduced wholly or in part without the written consent of the Sellers.

2. Estimates and Orders - Estimates are given and Orders accepted subject to the ability of the Sellers to procure materials, labour and transport at the rates prevailing at the date of the estimate. Any increase in wage rates, prices of materials or alternative materials that it may be necessary to substitute, or of transport arising after an estimate and before delivery shall be charged to the Buyer.

3. Orders - Acceptance of an estimate shall be in writing signed by the Buyer or his authorised agent. In the absence of such written confirmation the Sellers written acknowledgement of verbal instructions shall be deemed to be the Buyers written order. If no written estimate has been given and no price agreed in writing the price payable shall be the Sellers current price at the date of delivery.

4. If any goods are to be supplied or work to be done by the Sellers in accordance with designs, specifications, or patterns to be supplied by the Buyer, the Buyer shall supply the same in reasonable time to permit the Sellers to complete all deliveries by the promised date (if any). The Sellers shall not be liable for delays in completion of work or delivery arising from the Buyers failure in approving estimates or preliminary work.

5. Work in progress - The Sellers reserve the right to make any deviations from any sketch or sample, which would not affect materially the design, if in the opinion of the Sellers such an alteration would facilitate the proper execution of the work.

6. Alterations - Any additional cost arising from alterations or corrections after approval of a sketch or sample or after production has commenced may be charged to the Buyer. No responsibility will be accepted by the Sellers for any errors in sketches or samples which have been approved by the Buyer.

7. Quantities - On all orders for screen printing and display work a margin of ten per cent over or under the quantity ordered shall be allowed and the quantities delivered shall be charged for pro-rata to be estimated price.

8. Payment - New accounts - cash payable with order. Accounts with approved references - nett cash is payable by the 15th of the month following completion and billing of the work.

9. Delivery - Unless other wise stated in writing by the Sellers estimates are given and orders accepted upon the terms that delivery shall be ex Sellers works and the prices shall be exclusive of packing materials, cost of packing, handling, loading, transport or carriage.

10. Until full payment has been received by Sellers for all goods whatsoever supplied at any time by Sellers to Buyers, property in the goods shall remain in Sellers. Buyers shall be at liberty to sell the goods in the ordinary course of business on the basis that the proceeds of sale shall belong to Sellers to whom the Buyer shall account on demand.

11. If Buyers make default in any payment or a receiver is appointed over any of the assets or the undertaking of Buyers or a winding-up order is made against Buyers or Buyers go into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or call a meeting of or make any arrangements or composition with creditors or commit any act of bankruptcy or become the subject of any insolvency proceedings whatsoever, Sellers may (i) revoke the power of sale referred to in Condition 10, (ii) cancel any undelivered portion of the contract and recover from Buyers the amount of any loss or damage suffered by Buyers by reason of such cancellation.

12. These Conditions and all contracts to which they apply shall in all respects be subject to the interpreted in accordance with English law.

13. All disputes arising out of or connected with these Conditions and all contracts to which they apply shall be subject to the jurisdiction of the English courts.

14. Customer's property - Goods are at Buyers risk from the time of notification by the Sellers that they are ready for delivery. Customer's property in the procession of the Sellers or their servants or agents shall be at the customer's own risk in respect of loss or damage from whatsoever cause notwithstanding that the Buyer shall pay rent for the storage of any such property unless any other arrangement has been agreed in writing by the Sellers.

15. Consequential loss - The Buyer agrees that the Sellers shall not be liable in any way whatsoever for any consequential loss or damage arising out of work done, goods supplied, or services rendered under any contract to which these terms and conditions apply.

16. Public Liability - Upon completion by the Sellers their agents or sub-contractors of any Exhibition, Display, Sign or Decoration or any part thereof or of any article supplied and or fixed as aforesaid, whether inspected by the Buyer or not, all liability of the Seller to Third Parties or otherwise shall cease, and thereafter the Buyer undertakes to indemnify the Sellers against any claims that may be made upon the Sellers for compensation for injuries to workmen, employees, visitors, attendants or any other persons whatsoever. The Sellers shall not be liable at any time for any damage or loss which the Buyer, exhibitors, tenants, staff, workmen or other persons shall sustain.

17. The Buyer shall indemnify the Sellers against all claims, actions, penalties, damages, costs and expenses for which the Sellers may become liable, or which they may incur, through anything done by them in the execution of any contract with the Buyer involving a breach of any Patent, Registered Design, Trade Mark, or Copyright, or of any Government or other Regulation.

18. Force Majeure - The performance of all contracts is subject to variation, suspension or cancellation arising from any Act of God, War, Strikes, Lock-outs, National Emergency, Fire, Flood, Drought, Shortage of Fuel or Power, the inability to obtain supplies of materials or articles, or any other cause whatsoever beyond the control of the Sellers.

19. Cancellation of contracts - In the event of any contract (whether oral or in writing) between the Buyer and Sellers being suspended or canceled by reason of conditions arising from an Act of God, War, Strikes, Lock-outs, National Emergency, Fire, Flood, Drought, Shortage of Fuel or Power, or any other cause beyond the control of the sellers, the Sellers shall be entitled to payment for work done up to the date of such suspension or cancellation, and for all material purchased and sub-contracts placed relative to such contract.

20. Data Protection Act 1998 - The sellers, and in the case where the buyer is a unincorporated sole trader or partnership their bankers Barclays Bank plc, will store information obtained by them which is given by the buyer. This information will be used in the course of training and may be shared with other businesses, financial institutions and credit reference agencies for financial assessment and analysis, recovering of monies due and for prevention of fraud, bad debts and money laundering.

21. These terms and conditions shall apply to all contracts whether for the sale of goods or for work and labour to be done and materials to be supplied and the expressions "Sellers" and "Buyer" shall apply to all such contracts.

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Kenton Instore Bissell Street Birmingham B5 7HT t: 0121 622 3071 f: 0121 622 5767 e: info@kentoninstore.co.uk