Business terms and conditions of sale.

All orders for goods accepted by Design & Display Structures Ltd (the vendor) are accepted subject to the following conditions which shall form part and govern the contract of sale. Acceptance of goods shall be deemed to be acceptance of these conditions and terms of sale. Any terms sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of the vendor has authority to vary these conditions unless accepted in writing by a director of Design & Display Structures Ltd, hereinafter referred to as “a director”.

1. Payment and Price

1. The vendor reserves the right to vary the quoted price for the goods by upward additions in accordance with market conditions at the date of actual supply and the purchaser shall pay such additions in addition to the quoted price. Price lists do not constitute an offer.
2. All invoices are due for payment 30 days from the date shown on the invoice. Payment is to be made in sterling unless otherwise agreed in writing by a director.
3. All overdue accounts will be charged, on a daily basis, commercial interest at 5% above the base rate of HSBC plc obtaining at the time.
4. Credit account can be withdrawn and invoices become due immediately if terms are not adhered or due to poor credit scoring.

2. Availability of goods.
The vendor will use its best endeavours to comply with the date named for despatch or delivery which date is given and intended as estimate only and is not to be the essence of the contract. If owing to non-availability of the goods or any other causes beyond the vendors control , the vendor shall be unable to effect delivery hereunder it shall be at liberty to determine the contract or part thereof by giving notice in writing to the purchaser.

3. Property and risk.
For so long as any amounts remain owing from the purchaser to the vendor (whether immediately due or not) title to the property of the goods shall remain in the vendor and ownership will not pass to the purchaser until the vendor has received payment in full. In the event of the purchaser reselling the goods, if the vendor has not received all amounts owing to it , the purchaser shall account to the vendor for the proceeds of any such sale and meanwhile will hold all proceeds of such sale of such goods upon trust of the vendor until the vendor has received such amounts in full. The vendor shall have the right to trace all proceeds in accordance with the principles of R.v Hallets Estates 1880 13CH.D96. At any time after the due date for payment from the purchaser to the vendor, as long as such amounts have not been received by the vendor in full, the vendor, at the purchaser’s expense, shall have the right to enter the purchasers premises and remove there from all goods which remain the property of the vendor.

4. Design variation
Whilst the vendor makes every effort to ensure that goods supplied correspond to in every respect with the sample, specification or description provided as the case may be , the vendor is not responsible for the minor variations in specification, in colour or other design features, and no such minor variation shall entitle the purchaser to rescind the contract or shall be the subject of any claim against the vendor by the purchaser.

5. Claims

1. No liability for any claim for damage or non-functionality shall be accepted unless the vendor is notified in writing by the purchaser within 24 hours of delivery. This period may be extended at the sole discretion of the vendor where the manufacturer’s replacement policy exceeds this deadline.
2. No liability for any claim or missing items such as manuals, etc. shall be accepted unless the vendor is notified in writing by the purchaser within 48 hours of delivery.
3. No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the particulars given on the delivery note unless the vendor is notified in writing by the purchaser within 24 hours of delivery and the onus is on the purchaser to prove any shortage.
4. In the case of active third-party on-site maintenance contracts, the purchaser accepts an obligation to use the services of the contracted third-party to resolve claims under clause 5(a)
5. No liability for goods described as faulty but rejected by manufacturer subsequent to satisfactory testing by manufacturer.

6. Guarantee

1. The purchaser shall, unless otherwise, in writing, be responsible for all carriage , telephone, postal and other incidental charges incurred during the guarantee period.
2. Where a guarantee includes repair performed on the purchasers premises, commonly known as an on-site maintenance, this shall not apply outside the mainland Britain. Purchasers whose premises are on outlying islands will instead receive return-to-base maintenance.

7. Returned Goods

1. The vendor will not accept goods for credit or rectification unless such return has been authorised by a director, and the goods are received by the vendor in stock condition, with original packaging and the vendor retains the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof. The vendor reserves the right to charge a restocking fee on goods returned for credit which are not in original unspoilt packaging and totally re-saleable condition.
2. The purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to the vendor for service or credit which goods shall be at the risk of the purchaser until actual receipt of the goods by the vendor. The onus of proof of safe delivery shall rest with the purchaser.
3. All items returned to the vendor by prearrangement and found to contain no fault, will be subject to a 20% restocking charge, providing the goods are in original stock condition and previously agreed as returnable. Any downward variation of this restocking charge shall be at the sole discretion of the vendor.
4. No credit shall be allowed for goods until they have been received in complete.
5. If your goods are faulty on arrival you have 7 days to advise us. When the goods are returned to us and the fault has been verified and if appropriate we will issue a full credit note. Should no fault be found you will be subject to a restocking fee as per terms and conditions of sale. The decision has to be authorised with the manufacturer and they may request sample stock to evaluate source of fault as this may be the result of customers faulty equipment etc rather than the product itself etc..

8. Consequential loss
The extent of the vendors liability to the purchaser for any default or breach whatsoever or howsoever arising shall in no case exceed the invoice value of the goods and the vendor in circumstances shall whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any customer of the purchaser and whether direct, indirect, consequential or however else arising.

9. Law

1. If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
2. This contract is and shall be deemed to have been made in England and shall in all respects be governed by English law.

10. Online Buyers

1. The purchaser is responsible for the deciding of the suitability of goods offered for a particular purpose and for the consequences arising from modification of the goods. Descriptions are given in good faith, but the vendor does not guarantee their accuracy.
2. Goods are subject to availability; the vendor will not be responsible for compensating the purchaser for any other losses, which may be suffered if the vendor does not supply the goods.
3. Any dates specified for the availability of the goods are approximate only and the vendor shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods.
4. The Vendor reserves the right to refuse orders to supply goods, or enter into any contract at its sole discretion.