Terms & Conditions - Kate Lilly Designs

TERMS AND CONDITIONS OF SALE

1. ORDERS ARE ACCEPTED BY US SUBECT TO AVAILABILITY OF GOODS OF RAW MATERIALS.
2. VARIATION IN SHADE OF FABRIC AT DYERS/PRINTERS NORMAL VERSION LEVEL WILL BE ALLOWED AS ACCEPTABLE AND WILL NOT GIVE RISE TO CANCELLATION OR ALTERATION OF THE ORDER, OR TO CLAIM BY THE CUSTOMER.
3. NO STYLE, MATERIAL OR DESIGN, OR OTHER MATTER IS TO BE CONSIDERED “EXCLUSIVE TO CUSTOMER” UNLESS STATED BY US IN WRITING.
4. ACCEPTANCE DATE OF DELIVERY OF GOODS MAY NOT BE DELAYED BY THE CUSTOMER EXCEPT BY PRIOR AGREEMENT IN WRITING. IN THE EVENT OF SUCH A DELAY PAYMENT WILL FALL DUE AS THOUGH DELIVERY HAD BEEN AFFECTED ON THE DATE.
5. ALL OWNERSHIP AND RIGHT OF POSSESSION OF ALL GOODS SUPPLIED SHALL REMAIN IN AND IN ALL RESPECTS TO KLD IMPORTS LTD. UNTIL FULL SETTLEMENT HAS BEEN RECEIVED AND ALL CHEQUES RECEIVED ARE CLEARED.
6. RESPONSIBILITY WILL NOT BE ACCEPTED BY US FOR ANY LOSS WHATSOEVER OCCASIONED BY LATE, PARTIAL OR NON-DELIVERY.
7. NON-DELIVERY MUST BE NOTIFIED TO OURSELVES BY RECORDED DELIVERY POST WITHIN SEVEN DAYS OF THE DATE OF OUR INVOICE. NO CLAIM WILL OTHERWISE BE ACCEPTED AND DELIVERY WILL CONCLUSIVELY BE DEEMED TO BE PROPERLY MADE.
8. ANY SHORTAGES, DAMAGE IN TRANSIT MUST BE NOTIFIED TO BOTH THE CARRIERS AND OURSELVES BY RECORDED DELIVERY POST WITHIN THREE DAYS OF DELIVERY. NO CLAIM WILL OTHERWISE BE ACCEPTED AND DELIVERY WILL BE DEEMED TO BE PROPERLY MADE.
9. SHOULD ANY GOODS DELIVERED BE FAULTY, OUR LABILITY SHALL BE LIMITED TO THE INVOICE VALUE OF THE ACTUAL DEFECTIVE GOODS AND SHALL NOT INCLUDE OR EXTEND TO ANY FURTHER DIRECT OR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR LOSS OF PROFIT WHICH THE CUSTOMER MAY HAVE TO INCUR. WE SHALL BE AT LIBERTY TO REPLACE ANY SUCH FAULTY GOODS WITH SIMILAR GOODS OF CORRECT STANDARD. OUR LIABILITY SHALL CEASE ENTIRELY IF SUCH FAULTY GOODS ARE DISPOSED OF WITHOUT OUR CONSENT. NO CLAIM OF ANY DESCRIPTION SHALL BE ACCEPTED AND NO RECTIFICATION WILL BE CARRIED OUT BY us UNLESS THE CLAIM CAN BE MADE BY RECORDED DELIVERY POST WITHIN TWENETY EIGHT DAYS OF DELIVERY.
10. ANY GOODS RETURNED WITHOUT OUR PRIOR CONSENT OR HAVING BE SO RETURNED, ANY COMPLAINTS MADE WHICH ARE REJECTED BY US, SHALL BE HELD ENTIRELY AT THE OWNERS RISK AND EXPENSE. IT IS THE CUSTOMERS SOLE RESPONSIBILITY TO ENSURE THAT ANY GOODS RETURNED ARE RECEIVED BY US.
11. INVOICES ARE PAYABLE NETT WITHIN SEVEN DAYS UNLESS OTHERWISE AGREED IN WRITING FROM THE DATE OF INVOICE. IF AN INVOICE IS NOT PAID WITHIN THIS PERIOD THE COMPANY RESERVES THE RIGHT TO WITHHOLD DELIVERY OF ANYFURTHER GOODS UNLESS THESE ARREARS OF PAYMENT ARE DISCHARGED AND ALSO ANY AMOUNTS OVERDUE WILL BE CHARGEABLE TO INTEREST AT THE RATE OF FOUR PERCENT ABOVE THE COMPANY’S BANKERS BASE RATE NOTWITHSTANDING THAT SUCH SUMS HEREUNDER MAY HAVE BEEN WAIVED IN THF PAST.
12. ALL COSTS INCLUDING COMMISSIONS AND ALL ACTUAL LEGAL FEES INCURRED IN COLLECTION OF OVERDUE AMOUNTS WILL BE PAYABLE BY THE CUSTOMER, NOTWITHSTANDING THAT SUCH SUMS HEREUNDER MAY HAVE BEEN WAIVED IN THE PAST.
13. SAME AS OTHERWISE AGREED IN WRITING, WHERE ANY CONTRACT IS ENTERED INTO FOR THE SALE OF GOODS OVERSEES THE PURCHASER AT IT’S EXPENSE AND ALL NECESSARY LICENCES AND OTHER PERMITS AND THE PURCHASER SHALL ALSO OBTAIN ALL NECESSARY IMPORT LICENCES AND PERMITS IN THE COUNTRY OF DESTINATION, BUT FAILURE TO OBTAIN ANY SUCH LICENCE OR PERMIT SHALL NOT AVOID THE CONTRACT OR RELIEVE THE PURCHASER OF ITS OBLIGATIONS TO ACCEPT AND PAY FOR THE GOODS.
14. ALL DEALINGS AND CONTRACTS ARE SUBJECT TO ENGLISH LAW AND ANY DISPUTE SHALL BE SETTLED BY REFERENCE TO ENGLISH LAW.
15. NO VARIATIONS MAY BE MADE TO THE ABOVE CONDITIONS UNLESS AGREED IN WRITING.
16. THIS CONTRACT IS DIVISIBLE. EACH DELIVERY MADE HEREUNDER:
  (I) SHALL BE DEEMED TO ARISE FROM A SEPARATE CONTRACT, AND
  (II) SHALL BE INVOICED SEPARATELY AND ANY INVOICE FOR A DELIVERY SHALL BE PAYABLE IN FULL IN ACCORDANCE WITH THE TERMS OF PAYMENT PROVIDED FOR HEREIN WITHOUT REFERENCE TO AND NOT WITHSTANDING ANY DEFECT OR DEFAULT IN THE DELIVERY OF ANY OTHER INSTALLMENTS.