Unless otherwise agreed in writing by the Seller these conditions shall override any terms & conditions stipulated, incorporated or referred to by the Buyers in their order or negotiations. No additions to these terms or variations therein shall be effective unless agreed to by the Seller and confirmed in writing.
Not withstanding any specific date mentioned for delivery of the goods, time shall not be deemed to be of the essence of the contract so far as concerns delivery of the goods and, apart from protracted and unreasonable delay on the part of the Seller shall not, by reason of agreeing to deliver by specific date, be deemed to have waived the benefit of this condition. All specific delivery dates quoted are subject to there being no delays from industrial action, strikes, import docks delays or other delays beyond the Seller’s control. Whilst the Seller will endeavour to despatch or deliver the goods within the time given, the Seller can accept no liability for failure to do so and such failure shall not entitle the Buyer to cancel the contract. The Seller shall in no way be liable for any consequences to the Buyer for late delivery.
All quotations are made on the basis of prices subsisting at the date of quotation, and the Seller reserves the right to amend the quoted price before the time of delivery in the event of an increase in the cost of raw materials, labour, overheads or other expenses of the Seller affecting the quoted price or any alteration in taxes or duties.
Where the price includes delivery the Seller shall at its option either repair, replace free of charge or credit goods lost or damaged in transit to the Buyers provided that the Buyers notify both the carriers and the Sellers in writing of such loss or damage within such time as will enable the Seller to comply with the carriers conditions affecting such loss or damage.
Where the Buyers order goods which under the terms of the contract are to be delivered over a specified period, on the expiry of that period any goods remaining undelivered to the Buyers will be invoiced in accordance with the terms stated when the contract was entered into.
Where the contract provides for delivery of the goods by instalment it shall not affect the balance of the contract or entitle the Buyer to cancel the same.
Any instalments of the purchase price which may have been paid shall be retained by the Seller and applied towards any damage which the Seller may be entitled to recover from the Buyers by reason of the Buyers’ failure to complete the contract.
The Buyer shall pay all sums to the Seller upon completion of the transaction. Delivery shall be suspended upon notification from Paypal of rejected payment.
The goods shall remain the Seller’s property until the Seller has received payment in full and the Buyers shall, until such payments have been made in full, if the Seller so requires, keep the goods marked and/or separately stored so as to be clearly identifiable as the Seller’s property. If the goods are mixed with, or incorporated or processed by the Buyers into other articles, such articles shall from the time that they come into being become the Seller’s property until such payment has been made, and shall if the Seller so requires be marked and/or stored by the Buyers as aforesaid provided that the risk of loss or damage to the goods shall pass to the Buyers in accordance with condition 4. The Buyers shall be precluded by this condition from reselling the goods for their own account in the normal course of business and the Buyers shall indemnify the Sellers against any claims by third parties provided the proceeds of any such resale are held by the Buyers in trust until the Seller is paid in full and the Buyers shall whenever so required by the Seller assign to the Seller all their rights against the third parties in connection with the goods or articles incorporated or made from the same.
Deliveries may be suspended pending strikes, lock outs, industrial disputes, fire, floods, storms, acts of God, stoppage of transport, prohibition of export or import, Government decrees or requirements whether local or national, riots, war or any contingency of any kind whatsoever beyond the control of the Seller causing a short supply of labour, fuel or raw material or otherwise howsoever impending or interfering with the manufacture, use delivery or carriage by land or by sea of the goods, if any such suspension should continue for six months, the contract to affected shall thereupon automatically terminate (without prejudice however to the rights of the Seller already accrued under such contract at the time of such determination) and the Seller shall be excused from any liability arising from such suspension and/or determination.
The Seller complies with the current standards published by the packaging and industrial films association with respect to tolerance and standards.
The Seller cannot guarantee exact quantities or gauge in respect of any goods and shall be deemed to have fulfilled its obligations under the contract by delivery or manufacture of a quantity of plus or minus 10% of the quantity and gauge specified in the contract and the Buyers shall pay at the contract rate for the actual quantity delivered.
Except as otherwise provided in these conditions, no claim for any defect in the goods will be accepted by the Seller unless the Seller received notification of such defects within twenty-eight days from the date of receipt by the Buyers of the Seller’s invoice or actual receipt of the goods by the Buyers, whichever shall occur first, and in the absence of such notification within the period specified in the condition, the Buyers shall be deemed to have examined the goods, and to have accepted them in good condition and free from any defect.
The Buyers shall not use any order or the Seller’s name for advertisement or publicity purposes without the Seller’s prior written consent. The goods may not be advertised or exhibited by the Buyers without the Seller’s prior written consent except on the Buyers’ premises.
If the Buyers make default in or commit any breach of their obligations or if any distress or execution is levied upon the Buyers, their property or assets, or if the Buyers make or offer to make any arrangements or composition with the creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy is presented or made against them or if the Buyers are a limited company and any resolution or petition to wind up such company’s business is passed or presented otherwise than for reconstruction or amalgamation or if a receiver of company’s undertaking, property or assets or any part thereof is appointed, the Seller shall (without prejudice to any claim or right the Seller might otherwise make or exercise) have the right forthwith to determine the contract by summary notice. Unless specifically warranted as accurate in writing, all sizes referred to on price list, estimates, brochures and orders are approximate only.
Carriage paid deliveries will be subject to charges to cover costs.
The Seller shall not be liable in respect of defects in goods delivered for any injury (unless defined in the unfair contract terms act 1997) loss or damage whatsoever resulting from such defective goods or from any work, service or advice rendered in condition therewith.
Whilst the Seller will take all reasonable steps to try to match colour, this cannot be guaranteed and the contract shall be deemed to have been performed by delivery of goods of the general shade and density of colour stipulated. Whilst the Seller will take all reasonable steps to try to match film colours, clarity haze and slip specifications, this cannot be guaranteed and the contract shall be deemed to have been performed by delivery of goods of the general shade, density of colour and the general clarity, haze and slip stipulated.
At Grange-Calendars.com, we take special care to ensure that goods leave our warehouse in perfect condition. However, should you receive an item that is damaged, please contact us on +44 (0) 131 240 3340.