Terms & Conditions
The Company means Goodwyn Design Ltd. [the Supplier] and the Customer means the person named in the “Invoice to” section on the Company’s documentation. Goods means the Goods which the Company supplied pursuant to the order.
Conditions
These conditions shall apply in place of and prevail over any terms or conditions (whether or nor in conflict or inconsistent with these Conditions) or referred to in any documentation submitted by the Customer or in correspondence or elsewhere or implied by trade custom, practice or course of dealing. The Company’s acceptance of the Customer’s order shall be effective only where such acceptance is in writing on the Company’s order acceptance form.
Pricing
Any prices quoted by the Company are valid for a period of 30 days from date of quotation and may thereafter vary and be subject to change.All prices are exclusive of Value Added Tax which will be charged at the rate applicable.
In the case of Goods to be delivered to a destination in the United Kingdom unless expressly stated to the contrary the price excludes carriage to that destination. In the case of Goods to be delivered to a destination outside the United Kingdom the price is to be confirmed. Cases and other packing materials used in the delivery of the Goods to the Customer will be charged for.
Payment
The Company shall not be obliged to make delivery until the Company received payment in full in cleared funds. Any extension of credit allowed to the Customer may be changed or withdrawn at any time. Notwithstanding any purported contrary appropriation by the Customer, all payments made by the Customer to the Company shall be appropriated first to any Goods that have been resold by the Customer and then to Goods that remain in the possession or under the control of the Customer. All special items must be paid for 100% in full before the Company will commit to ordering these on behalf of the customer.
Cancellation
The Customer may not cancel the order without prior written consent of the Company. Any item(s) accepted for return/cancellation will be subject to a 25% re-stocking/handling charge of the list price if the product orderd is a stock item, for orders that are bespoke or not available in stock cancelation is not accepted ; in addition the Goods will only be accepted back providing they are not of a special nature and they are returned to us in their original packaging/condition undamaged and it is within 10 days of the delivery date.Special order items cannot be cancelled under any circumstances once the order has been placed with the Company.
Delivery
Any delivery date quoted is estimated and time of delivery shall not be of the essence of the contract and cannot be made so by any notice. Please ensure you have personnel on site to accept and off load deliveries. The Customer agrees to accept delivery within three months of the order being fully available. In the event of the Customer not accepting the goods within this period, the Company reserves the right to charge storage and insurance of the goods at the rate of 2% of the total order value per month or part thereof. Customers are responsible for checking the goods at the time of delivery and should report damaged or missing goods to us within two working days. Goodwyn Design Ltd will not be held responsible after this time.
Risk and Title
All Goods remain the property of the Company until such time as they are paid for in full. Until property in the Goods has passed, the Customer is in possession of the Goods in a fiduciary capacity and shall not part with possession of the Goods; take proper care of the Goods and take all reasonable steps to prevent any damage or deterioration of them; and keep the Goods free from any charge, lien or other encumbrance and store the Goods in such a way as to show clearly that they belong to the Company. The Company reserves the right to repossess and resell any of the Goods to which it has retained title. The Company’s consent to the Customer’s possession of the Goods and any right the Customer may have to possession of the Goods shall in any event cease upon the Customer becoming insolvent.
Damage/Shortage
All Goods must be inspected at time of delivery and signed for in “good condition”. Goods may not be signed for unexamined.
Disclaimer
Any drawings/sketch/information provided whether verbal or written is given as guidance only. It is the Customer’s responsibility to confirm with their advisers that the Goods are suitable for any intended installation.
It is the Customer’s responsibility to ensure that any installation using product supplied by the Company complies with all building regulations.
General
The Company shall not be liable for any failure or delay in performance of its obligations which is caused by circumstances beyond its reasonable control. Save as expressly provided for in these terms and conditions, and to the fullest extent permitted by law, the Company’s total liability arising in connection with the Customer’s order shall be limited to the price of the Goods. The Company shall not be liable to the Customer for any economic loss, loss of profit, loss of business, goodwill or otherwise and whether direct, indirect or consequential, or any claims for consequential compensation whatsoever. In the event that the Company provided faulty goods but the fault is not discovered until after installation of the Goods and could not have been discovered on examination on delivery the liability of the Company shall be limited to replacing such faulty goods free of charge. All conditions, warranties or other terms, whether express or implied, statutory or otherwise, are hereby expressly excluded provided that nothing in this paragraph shall exclude or restrict any liability of the Company for death or personal injury resulting from negligence of the Company, or its servants/agents.
Product Guarantee
We offer a two-year guarantee for manufacturing faults on all standard products; this does not affect your statutory rights. Special care instruction are to be followed for each type of material used.
Intellectual Property
Goodwyn Design Ltd is the owner or the licensee of all rights in and to the copyright and any other intellectual property rights in our website, the website content and any material used or referred to on our website; and all such copyright and any other intellectual property rights are reserved. You acknowledge that you shall have no rights in or to the Intellectual Property Rights in the Goods and that you are not authorised to reproduce the Goods, make or sell goods to an identical or substantially similar design as the Goods or authorise any other party to do the same. All of our rights to take action for infringement of our Intellectual Property Rights are strictly reserved.
Goodwyn Design Ltd
71-75 Shelton Street,
Covent Garden
London,
WC2H 9JQ
Registered No. 10218292
VAT No. 244 0473 28
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