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Terms and Conditions

Conditions of Sale – Doric FPD LTD
Webber Court, Unit 1, Block B
Billington Road Industrial Estate
Burnley, Lancashire
BB11 5UB

Telephone 01282 420 133

1. GENERAL INFORMATION:

These prices are based on the cost of materials and labour ruling today. Any change in these costs may require an alteration in the price; we reserve the right to make such alteration without notice. We undertake to maintain the design, but in the event of it being necessary to make minor changes we reserve the right to make such changes without notice, provided such changes do not reduce the value of the article.

2. TERMS:

(a) 30 days End of Month
(b) In the case of contracts involving more than one delivery, if default is made in payment on due date for any one delivery, the seller at his discretion shall be entitled to treat the contract as repudiated by the customer and to claim damages accordingly.
(c) An order once placed cannot be cancelled except by mutual agreement and then only on terms which would fully indemnify the seller.
(d) No goods are sold on “Sale or Return” and no returns will be accepted if arising from an error on the part of the customer.
(e) The company reserve the right to charge interest on all balances that remain unpaid at the due date. Interest will be charged at the rate of 2.5% for each month or part thereof. Outstanding claims for credit will not be accepted as reason for non-payment.
(f) These Conditions shall apply to all contracts for the sale of goods by the seller to the customer to the exclusion of all other terms and conditions including any terms or conditions which the customer may purport to apply under any purchase order, confirmation of order or similar document.
(g) All orders for goods shall be deemed to be an offer by the customer to purchase goods pursuant to these Conditions.
(h) Acceptance of delivery of the goods shall be deemed conclusive evidence of the customer's acceptance of these Conditions.
(i) Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.

3. CARRIAGE: U.K. - MAINLAND:

All orders valued at a £150 and over (not including VAT) will be delivered carriage paid. All orders valued under £150 will be subject to a handling charge of £7.00. Where customers require our carriers to pre-book deliveries, the company reserves the right to pass on the booking-in charge of £7.00 per delivery. Separate carriage charges apply for selected Knightsbridge PME Ltd products – please contact us for further details.

4. CARRIAGE: U.K. - NON MAINLAND :

All orders carriage paid over £200.

5. OTHER EXPORT ORDERS:

All export orders are charged on an ex works basis. Carriage charges can be provided on request. Please contact us for further details.

6. CLAIMS:

Claims for damages in transit must be made to our Burnley office within 24 hours of delivery. The company will not accept claims for damages if notification is not received within 48 hours of receipt of goods. The return of the goods will not be accepted unless the seller or representative shall first have had the opportunity of examining same.

7. LIMITATION OF SELLER'S LIABILITY:

(a) Nothing in the Agreement shall exclude or restrict either Party's liability for:
   (i) fraud;
   (ii) death or personal injury resulting from the negligence of a Party or its employees while acting in the course of their employment;
   (iii) any other liability that cannot be limited or excluded by law; or
   (iv) Defects in the product as supplied by us
(b) Subject to clause 7(a), our liability to you in tort (including negligence), for breach of contract, for misrepresentation (whether innocent or negligent), for breach of statutory duty or otherwise arising out of or in connection with the products or performance or non-performance of our obligations under the Agreement is hereby excluded and shall not extend to any:
   (i) loss of profits;
   (ii) loss of revenue;
   (iii) loss of business;
   (iv) loss of goodwill;
   (v) loss of contracts;
   (vi) loss of anticipated savings;
   (vii) loss of production;
   (viii) loss of or corruption to data, whether any such are direct, indirect, consequential or special; or
   (ix) any other special, indirect or consequential loss or damage whatsoever, whether sustained by you or any other person and even if foreseeable or if we have been advised of their possibility.

8. MATERIAL:

Whilst every endeavour will be made to supply material in accordance with the quality of samples submitted or quoted for, this cannot be guaranteed. The customer shall be responsible for making sure materials are fit for use in its own production processes (including ovens) and should carry out its own trials accordingly.

9. FORCE MAJEURE, etc:

The performance of all contracts is subject to variation or cancellation by the seller owing to any Act of God, War, Strikes, Lock-Outs, Fire, Flood, Drought, Tempest, or any other cause beyond the control of the seller or owing to any inability by the seller to procure materials or articles required for the performance of the contract and the seller shall not be held responsible for any inability to deliver caused by such contingency.

10. TRANSFER OF RISK:

Unless otherwise agreed, risk shall pass to the customer from the date of delivery of the goods by the seller or its agents or carrier to the customer or from the date of collection by the customer or its agent or carrier. Any return of the goods or part thereof from the customer's premises shall be at the risk of the customer unless such goods are carried by the seller or its agent or carrier, in which case the goods shall be at the seller's risk.

11. RETENTION OF TITLE:

(a) All monies Retention of Title - Property in the goods supplied shall only pass to the customer from the date of payment in full of all sums payable to the seller. Until such time the goods remain the absolute property of the seller, and if the customer uses any goods supplied by the seller, the customer shall be deemed to use first those goods in which it has property.
(b) At any time prior to payment in full for the goods supplied, the customer shall, store the goods in which the seller has retained property under 11(a) hereof separately from other goods, clearly mark them as being the property of the seller, insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for the seller, and shall allow the seller or its agent at the seller's entire discretion to enter its or any other premises, and to inspect and if necessary remove from the goods any wrapping, packaging or other appendage and any contents, and to repossess the same. Nothing in the sub paragraph and no such repossession shall affect in any way the continued existence of any contract between the parties or any right of action of the seller against the customer.
(c) Until such time as full payment is made by the customer of all debts owed, the customer shall not be entitled to sell or otherwise transfer the property in any goods to which the seller has retained property under 11(a) hereof to a third party except on the following conditions:
   (i) As between the seller and the customer, the customer shall be regarded as selling or transferring the goods as agent of the seller, but nothing in this clause shall have the effect of or be construed as creating any privity of contract between the seller and the third party; and
   (ii) The customer shall account to the seller for monies it received for such goods to the extent of its indebtedness to the seller for the goods supplied, and if the seller so requires until payment thereof is made to the seller the customer shall hold such monies in a separate account to identify the same as being the property of the seller.
(d) The customer must inform the seller (in writing) immediately if it becomes insolvent.

12. CUSTOMER'S GOODS:

Customers goods when supplied by the customer for work to be done will be held at customer's risk. Every care will be taken to secure the best results where materials are supplied by customers, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied.

13. SPECIAL GOODS NOT LISTED IN SELLERS PRICE LIST:

An order for specials made to the buyers requirements which has been accepted, the buyer by placing such an order agrees not to cancel or amend the order and undertakes to accept delivery of the goods which are non-returnable.

14. DELIVERY:

Delivery dates quoted are estimates only although the seller will endeavour to deliver by the stated date. The seller will not be liable for any loss whatsoever in the event of late delivery or non-delivery of goods. The buyer shall not be entitled to refuse to accept late delivery.

15. MINIMUM QUANTITIES:

The seller cannot supply less than one selling unit of a stock item as on price list and the minimum order quantities for special patterns.

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UK orders of over £150 in value are delivered free of charge.
International orders will incur differing charges, these will be confirmed to you when your order has been picked and weighed. We are currently working on a system to give you this information ahead of placing orders.

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