Seaton Blinds
Terms & Conditions
Interpretation
In these terms:
“Buyer” means the person who accepts the sellers price for the sale of the goods or whose order for the goods is accepted by the seller.
“Goods” means the goods (including any instalments of the goods or any parts of them) which the seller is to supply in accordance with these terms; seller means Seaton Blinds.
“Contract” means the contract for the sale and purchase of the goods;
“Terms” means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing by the buyer and the seller.
Basis of the sale
The seller shall sell and the buyer shall purchase the goods in accordance with the sellers prices (if accepted by the buyer), or the buyers written order (if accepted by the seller), subject in either case to these terms, which shall govern the contract to the exclusion of any other terms subject to which any such price is accepted or purported to be accepted, or any such order is made or purported to be made by the buyer.
No variation to these terms shall be binding unless agreed in writing between the authorised representatives of the buyer and the seller.
Orders and specifications
The buyer shall be responsible to the seller for ensuring the accuracy of the terms of any order (including any special specification) submitted by the buyer, and for giving the seller any necessary information relating to the goods within sufficient time to enable the seller to perform the contract in accordance with its terms. The quantity and description of the goods shall be set out by the buyer, leaving the responsibility of quantities and description of orders to the buyer.
The seller reserves the right to make any changes in the specification of the goods which are required to conform with any applicable statutory or EU requirements.
Price of the goods
The price of the goods shall be the sellers quoted price, or when no price has been quoted, the price listed in the sellers published price list current at the date of acceptance of the order.
The prices are exclusive of any value added tax, which the buyer shall be additionally liable to pay to the seller.
Terms of payment
Subject to any special terms agreed in writing between the buyer and the seller, the seller will take payment from the buyer for the price of the goods upon time of ordering the goods if the buyer fails to make payment the seller may cancel the contract between the buyer and the seller and suspend any further deliveries and withdraw any agreed credit terms.
Delivery of goods
Delivery of the goods shall be made by the seller delivering the goods to the consignment address notified by the buyer.
Any dates quoted for delivery of the goods are approximate only and the seller shall not be liable for any delay in the delivery of the goods however caused. Time of delivery shall not be the essence of the contract unless previously agreed by the seller in writing.
If the buyer fails to take delivery of the goods or gives adequate delivery instructions at the time stated for delivery then the seller may store the goods until actual delivery and charge the buyer for the reasonable cost (including insurance) of storage.
Liability
Any claim by the buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by the buyer) be notified to the seller within seven days from date of delivery or (if the contract provides for installation) from the date of completion of instillation or (where a defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the buyer does not notify the seller accordingly, the buyer shall not be entitled to reject the goods and the seller shall have no liability for such defect or failure and the buyer shall be bound to pay the price as if the goods have been installed and delivered in accordance with the contract.
The seller shall not be liable to the buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of the sellers obligations in relation to the goods, if the delay or failure was due to any cause beyond the sellers reasonable control.
General
A notice required or permitted to be given by either party to the other under these terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
Nothing in this contract is intended to confer on any person any right to enforce any terms of this agreement which that person would not have had but for the contracts (Rights of third parties) Act 1999.