Terms and Conditions
In these conditions, 'the Company' means ELGATE PRODUCTS LIMITED and 'the Customer' means the purchaser of goods from the Company. No variation of these conditions shall be valid or applicable unless agreed in writing by the Company.
1. ON DELIVERY OF GOODSIf goods not received, please advise the Company by telephone or fax 2 days after receipt of invoice, this must also be confirmed by letter, to reach the Company within the next 7 days.
2. DAMAGE OR LOSS IN TRANSITAny damaged or lost items must be notified in writing to the Carriers and the Company within 2 days of receipt of invoice. The goods must be retained by the Customer until examined by the Carriers representative. No claim for damage or loss in transit can be accepted unless the above instructions are strictly complied with. The customer will be asked to sign a copy of the company's carriers delivery manifest as acknowledgement of receipt of goods. The customer should inspect the goods carefully as an unqualified signature shall be deemed to signify the customers acceptance that the goods are in good condition.
3. DEFECTIVE GOODSIf the customer alleges that the goods are in any way defective, notice must be given to the Company by recorded delivery of post. Written notice must specify the alleged defect within 10 days of receipt of the goods, or such period as the Company may consider reasonable in the circumstances. The Company shall not be liable for any defect unless it is so notified. If the Customer gives notice as aforesaid and can prove that the goods were defective at the time of delivery (unless such defect was caused by damage in transit) the Company shall be entitled, at its option:
a) to accept the return of the goods in accordance with the final sentence hereof;
b) to replace the goods within a reasonable time of the date (if any) of the order or delivery thereof, or
c) to make to the Customer a reasonable allowance in respect of any such defect.
4. RETURN OF GOODS (In relation to conditions 2 and 3)The Customer may return goods to the Company WITHIN SIX MONTHS OF THEIR RECEIPT ONLY and with the prior agreement by a duly authorised officer of the Company. The Company may at its option collect the goods or require the Customer to return the goods by a reputable Carrier provided that the Customer shall notify the Company forthwith by recorded delivery of post of the date of return of the goods and provide the name, address and reference of the Carrier.
If the Customer shall not comply strictly with these conditions, then if any goods are lost or damaged in transit, the Customer shall be liable for such loss or damage and shall indemnify the Company against such loss.
5. DELIVERY DATES FOR GOODSThe Company does not guarantee that it will comply with any delivery date specified on an order and shall not be responsible for any delay in transit between the Company's premises and the Customer's premises. In the event that deliveries from the Company's suppliers shall be delayed for whatever reason, such reason being beyond the Company's control, the Company shall not be responsible for any liability or obligation to the Customer or any Third Party.
6. TITLE OF GOODS(a) On delivery to the customer of any goods agreed to be sold by the Company to the customer the customer shall become the bailee thereof and the legal title thereto shall be retained by the Company as Bailor, Legal title in the goods shall not pass to the customer unless and until the customer shall have discharged all its indebtedness to the Company in respect of goods.
(b) Notwithstanding the terms of (a) above the customer shall be entitled before discharging its obligations to the Company to resell the goods or any of them. Upon such resale and without derogating from the Company's other remedies (including its right to trace) the customer shall hold the proceeds of sale upon trust for the Company until such time as all the customer's indebtedness to the Company under any contract sale entered into between them or otherwise shall have been discharged.
7. PRICE FLUCTUATIONSThe Company reserves the right to re-negotiate the price of goods if there is a fluctuation of the currency of the country of supply and Sterling, the relevant period for measurement of such fluctuation being between the date of the order and the date of importation by the Company.
8. DISCOUNTWhere offered, settlement discount will only be allowed on payments received within 3 days of settlement date. Settlement date is the invoice date plus number of settlement days offered.
9. INTERESTWe understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
10. PART SETTLEMENTIf, by reason of items to be returned, part payment of an invoice is withheld awaiting collection of goods or Credit Note, the BALANCE of that invoice MUST be paid by the due date. No offset against other payments/invoices due to the company is allowed. The company does not accept any claim for consequential loss howsoever caused.
11. MINIMUM CARRIAGE PAID ORDERThe Company reserves the right to charge carriage on orders placed if under £500.00, excluding V.A.T. or to the Highlands and Islands of Scotland, Ireland, Isle of Man or the Channel Islands.
12. BANK CHARGESThe Company reserves the right to pass on to the Customer any bank charges for transactions due to non-clearance of cheques.
13. PAYMENTPayment is due 30 days from date of invoice or delivery of goods.
By completing an application for credit account facilities, the Company will take this as your authority to take up references to satisfy itself as to the extent of credit to be granted, we may also share this information with other providers of credit checking services and/or the Giftware Association. Any CANCELLATIONS MUST BE BY WRITTEN INSTRUCTION WITHIN 14 DAYS. These conditions are the contract between the customer and the company and shall be subject to and construed in accordance with English law.
WHEN YOU RESPOND TO ANY OFFER THE COMPANY MAY MAKE, WE WILL USE YOUR INFORMATION FOR ADMINISTRATION, CUSTOMER SERVICES AND SPECIFIC MARKETING TO YOU. TO COMPLY WITH OUR COMMITMENTS WITHIN THE DATA PROTECTION ACT WE MUST TELL YOU THAT WE WILL DISCLOSE YOUR INFORMATION TO OUR SERVICE PROVIDER/S AND AGENTS. WE MAY CONTACT YOU BY TELEPHONE, FAX OR EMAIL TO ADVISE YOU ABOUT OUR PRODUCTS AND SPECIAL OFFERS.
Elgate Products Limited representatives/agents are not authorised to modify any part of this agreement. No variation of these conditions shall be binding unless expressly agreed in writing and signed by a main board director of Elgate Products Limited.