Terms & Conditions Of Trade
In these conditions of sale “the seller” means the Sewing Machine Trade Association Ltd. member. “The Customer” means the person, firm or company purchasing the goods. “The Goods” means the goods or materials which shall be the subject of the contract between the Seller and the Customer.
1. ACCEPTANCE: No order shall be binding upon the Seller unless it is confirmed by the Seller in writing. All quotations open for acceptance for the period stated thereon and if there is no period stated within 30 days from the date thereon. No alterations or variations of the terms and conditions of any order are binding on the Seller unless agreed prior thereto by the Seller in writing.
2. PRICES: Prices or estimates quoted are strictly “net cash” against delivery, collection or notification that the goods are awaiting collection or against invoice in respect of services and are exclusive of Value Added Tax or any other revenue charge. Postage, packing, carriage delivery or handling are chargeable as extras unless specifically included in the quotations or estimates. Unless otherwise agreed by the Seller in writing the Seller will pass onto the Customer any increase in costs involved in the provision of goods and/or services and such costs shall include increased costs of materials or labour and any increased cost resulting from a currency fluctuation and any increase in Value Added Tax or revenue charge.
3. ALTERATIONS: Alterations to any orders accepted by the Seller cannot be made without the Seller’s consent in writing and any additional costs involved will be chargeable to the Customer.
4. CANCELLATIONS:Cancellation of any orders accepted by the Seller cannot be made without the Seller’s consent in writing and in circumstances can the Seller allow cancellation of orders for goods made or specially adapted to Customers’ requirements.
5. RETURN OF GOODS:Goods which have been supplied in accordance with the Customers’ order, but which are subsequently returned, will only be credited if the Seller’s agreement to the return has first been obtained, and the price at which the goods will be credited has been agreed. The seller reserves the right to make a charge where necessary to cover the Seller’s costs in putting
the goods so returned into a re-saleable condition.
6. FINANCIAL TERMS:Payment shall be made by the Customer immediately upon receipt of the Seller’s invoice and in the purchase price or part thereof is not paid for a period in excess of 30 days after notification that the goods are awaiting collection or after collection or delivery of the goods the Seller shall be entitled to charge and the Customer shall pay interest calculated at the rate of 2 1/4% per month upon the purchase price or any part of the purchase price which is outstanding.
7. DELIVERY:The Customer shall take delivery of the goods from the Seller’s premises within seven days of being notified that the same are available thereon unless otherwise expressly agreed in writing and if the Seller agrees to deliver goods then they will be delivered to the main entrance of the customer’s premises during the Seller’s normal business hours. If the Customer is unable
to collect or take delivery of the goods at the time when the same are ready for collection, the Seller shall store the goods and take all reasonable steps to prevent their deterioration until the Customer takes delivery and the Customer will be responsible for the Seller’s costs including the insurance of so doing
8. DAMAGE OR LOSS IN TRANSIT:No liability is accepted by the Seller for damage or loss during transit unless the Seller’s carriers and the Seller are notified in writing within seven days of the receipt of the goods and in any event the Seller’s liability shall be limited to the repair or the replacement of the items damaged or lost.
9. PERFORMANCE:Every effort will be made to execute orders within the periods specified by the Customer but time shall not be of the essence and it is agreed that the customer will not hold the Seller responsible for any direct or indirect loss which may arise if the delivery is delayed as a result of strikes, lock-outs, non-delivery of materials or parts by any other manufacturer or by
unforeseen circumstances, for delays caused by carriers, nor for any delay caused by the Customer in approving drawings, final specifications, payment of any installments due, or extra work.
10. MACHINES ON TRIAL:When the Seller accepts “on approval” orders it is only on the strict condition that the goods are on approval for 14 days and after the expiration of that time which runs from the date of delivery or collection the goods are deemed to have been purchased by the Customer and the Customer will be invoiced for the goods and shall pay in accordance with
11. LIMITATIONS OF CONTRACT:
1. Quotations including the cost of fixing or erecting equipment, are based on the work being executed during ordinary working hours and overtime, if necessary, will be charged extra. Time spent in starting any machinery, attending same after starting, or training the Customer’s staff in the operation and/or maintenance, will be charged for unless
specifically included in the quotation. The Seller must be kept indemnified by the Customer against all loss or damage incurred during or arising out of any work on which the Seller’s employees or sub-contractors may be or
have been engaged. The Seller’s quotations do not include the hire of cranes of lifting equipment, use of excavators, masons, bricklayers, electricians or plumbers, and the like, and their materials, unless otherwise stated.
2. Unless otherwise agreed in writing installation of goods and/or the training of the Customers staff to operate or maintain the goods will be charged to the Customer.
3. The seller accepts no liability whether in contract, tort or otherwise that the goods are suitable or appropriate for their location whether or not that location is known to the Seller.
4. The Seller reserves the right to vary the specification of any goods without prior notice.
12. TITLE:Until payment by the Customer of the whole of the moneys payable in respect of the goods the property in the goods or any part of them will not pass to the Customer. Until the property has so passed the Customer shall hold the goods as bailee and will at its own expense keep the goods safe and insured against customary commercial risks and shall keep them separately stored and in a readily identifiable state. Until the property in the goods has so passed the Customer shall return the goods to the seller on demand and the Seller shall without prejudice to any other rights of either party be entitled to go upon the property of the
Customer and re-posses and remove its goods.
13. GENERAL LIABILITY:The Seller’s liability for any loss and/or damage whether direct or indirect consequential or howsoever caused shall be limited at the Seller’s discretion to:
(i) Replace or repair of the goods supplied, or
(ii) Return of the purchase price and/or the price paid for the services less a fair sum representative of the good and proper use which the Buyer has enjoyed in the Goods until deterioration or substandard performance of the goods has superseded.
(iii) The re-supply of services.
14. LEGAL CONSTRUCTION;The contract shall in all respects be construed and operated as an English contract and in conformity with the English Law.
15. ASSIGNMENT: The contract of which the conditions form part is personal to the Customer who shall not assign the benefit thereof without the Seller’s written consent.
16. PATENTS AND TRADEMARKS:
(i) No warranty or representation is given by the seller that the goods do not infringe any letters patent, trade marks
registered designs or other industrial rights.
The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK.
* Much of the UK’s WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health.
* Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.
Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites.
(Insert Your Store Name Here) is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us.
For example, if a customer bought a new toaster (insert an example of an EEE product that you sell) from us we would accept their old toaster (insert equivalent item) and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item.
Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown below:
Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled.