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.

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