General terms of sale and trade
(a) Grandeco UK Limited is hereinafter referred to as the Company.
(b) The Company's general terms of sale are to apply unless agreed beforehand in writing with the Head Office of the company, notwithstanding anything to the contrary in the Purchaser's standard conditions of purchase. No servant or agent of the company has power to vary those conditions orally.
2) Prices & Orders
(a) Prices are as agreed at the time of receiving an order and exclude VAT. All prices are strictly nett.
(b) The minimum order quantity is one piece
(a) The Company will endeavour to give the best possible service but will not accept any liability for loss or damage resulting from any delay in delivery or from non-delivery of goods.
(b) Claims relating to faults must be made within three days of delivery. The buyer is required to provide us with all the required documents and pieces of evidence for examination. Should a claim be justified, the buyer is entitled to the replacement of the goods against return of the faulty supply, insofar as the latter is in the same condition as when it was delivered. No claim concerning visible defects or differences in colour, pattern or size will be accepted if the wallcovering has already been cut or hung. The seller has the right to replace the goods refused for good reason, without this replacement giving rise to any damages. A claim does not release the buyer from the obligation to pay the amount of the invoice on the contractual due date and according to the stipulated conditions. A claim, even if well-founded, in no way entitles the buyer to refuse the goods which are not the subject of the claim. The buyer's rights are limited to those stipulated above. In particular he cannot claim any cancellation, modification, reduction or compensation whatsoever.
(c) Where the goods are not delivered by the Company or it's carriers, but by an Independent carrier instructed by the Purchaser, delivery to the Purchaser's carrier shall be deemed to be delivery to the Purchaser.
4) Risk & Title - RESERVE OF OWNERSHIP
(a) The title in the goods shall pass to the Buyer only when payment in full of all invoices outstanding at any time has been received by the Seller for all goods whatsoever supplied and all and any services rendered at any time by the Seller to the Buyer.
(b) The Buyer will permit the Seller its servants or agents to enter onto the Buyers' premises at any time and repossess all and any goods at any time prior thereto. As long as payment has not been effected the Buyer cannot sell, pledge or offer goods as guarantee or collateral security. Should the goods or any of them be converted into a new product whether or not such conversion involves admixture with any other goods or thing in whatsoever and whatever proportions, the conversion shall be deemed to have been effected on behalf of the Seller and the Seller shall have full legal and beneficial ownership of the new products but without acceptance of any liability whatsoever with respect to any third party claim for the converted goods. The Buyer hereby grants indemnity unto the Seller in relation thereto.
(c) In the case of non-payment of any invoice at the due date and upon demand by the Seller, the Buyer must return forthwith to the Seller all goods and merchandise then unpaid for.
(d) Notwithstanding the provisions of the preceding clauses, risk or damage to or loss of goods shall pass from the Buyer to the Seller when :
(i) upon the goods being out of delivery service for delivery to the Buyer and/or are available for collection.
(ii) goods to be delivered otherwise at the time of delivery or if the Buyer wrongfully failed to take delivery of the goods then once the Seller has tendered delivery thereof.
(e) Risk or damage to or loss of the goods shall pass to the Buyer:
(i) goods to be delivered at the Seller's premises at the time when the Seller notifies the Buyer that the goods are available for collection.
(ii) goods to be delivered otherwise at the time of delivery or if the Buyer wrongfully fails to take delivery of the goods, then when the Seller has tendered delivery of the goods.
5) Cancellation of Orders
The Company is entitled to receive from the Purchaser compensation for costs and loss of profits from the cancellation of orders or from failure or delay in taking delivery or through any act or default on the part of the Purchaser, it's servants, agents or employees.
6) Terms of payment
(a) The Company allows a maximum of 30 days credit from the end of the month of delivery. The Company does not offer a cash discount for early settlement. The Purchaser shall pay interest on overdue accounts at 1% above KBC NV - London Branch base rate, accruing daily. The Purchaser shall also lose the benefit of any previously agreed discount on overdue accounts.
(b) The Company reserves the right to limit credit or to cease to allow credit to any Purchaser at any time at its sole discretion and without notice and may require payment before delivery of goods.
The conditions of Sale of the Company are subject to English Law.