Terms & Conditions

Farcroft t&c's

1) BASIS OF CONTRACT

In these Terms and Conditions of Sale, the term ‘the Seller’ is Farcroft, currently trading from Middlemore Lane West, Aldridge, Walsall, WS9 8BG as Global Ceramic Restoration, but shall include any premises from which Farcroft shall operate in the future. The term ‘the Buyer’ refers to any person, firm or company, whether incorporated or not, which purchases any goods, of whatever nature, whether manufactured by the Seller or not, and which are sold by the Seller to the Buyer. The placing of any order, whether verbally or in writing, by the Buyer, shall constitute unqualified acceptance of these conditions. The term goods includes all services provided by Farcroft to the Buyer i.e. restoration services etc. These Terms and Conditions supersede any and all previously issued Terms and Conditions.

2) PROPERTY OF GOODS

a) Notwithstanding any agreed terms of payment the goods are not sold or delivered on credit, but on condition that the ownership of the goods shall remain with the Seller, and no property in the goods, whether legal or equitable, shall pass from the Seller, such condition being a condition precedent, and on the condition that the goods will be held by the Buyer as bailee, and shall be stored separately and in such manner that they can be readily identified as the property of the Seller, until the payment of the full price has been received by the Seller from the Buyer i) of all the goods the subject of this contract and ii) of all the goods the subject of any other contract between the Seller and the Buyer.
Nevertheless, at all times following delivery of the goods and preceding payment of the goods as aforesaid, the Buyer shall have the power to resell or otherwise deal with the goods in the ordinary course of business in the name of the Buyer, on the condition that such resale or other dealing shall give rise to no obligation whatsoever, whether contractual or otherwise, in the Seller.
b) Notwithstanding the provisions of (a) above, all goods after delivery are at the Buyers’ risk, and must be paid for, notwithstanding the destruction thereof or any damage thereto, howsoever caused.
c) If the Buyer fails to pay for the goods on the due date, or if the Buyer goes into receivership or is declared bankrupt (or any equivalent thereof) or enters into a composition with its creditors, or if the Buyer being a company goes into liquidation, or into receivership, or is otherwise declared insolvent or prohibited from trading, then the Buyer shall immediately notify the Seller thereof, and shall ensure i) that the proceeds of resale or other dealing shall in any period preceding payment of the full price as aforesaid be held by the Buyer in a separate account as Trustee thereof for the Seller, and ii) that the Buyer shall keep accurate records of the goods resold or otherwise dealt with by the Buyer, and shall include in those records details of the price of any resale, the identity and address of the purchaser, and the date the resale price was paid, if at all, and shall make these records available to the Seller upon request.
d) In the event of the determination or repudiation of the contract (howsoever occurring) the Seller is hereby irrevocably authorised to enter onto the premises of the Buyer and repossess the goods, and any other goods in the Buyers possession, the property of which is vested in the Seller.
e) The Buyer will keep the goods free from, and will indemnify the Seller against any charge lien or other cumbrance thereon.

3) PASSING OF RISK

The risk in goods shall pass to the Buyer on delivery to the Buyers designated delivery point, or to the carrier nominated by the Buyer (whichever shall first occur) or on collection by the Buyer from the Sellers premises.

4) DELIVERY

The Seller reserves the right to charge carriage on any goods delivered. Whilst the Seller will endeavour to meet any estimated delivery dates, the Seller undertakes no obligation to deliver by such dates, and shall not be held liable for any loss or damage resulting from failure to deliver by these dates, howsoever caused. If no time for delivery is specified in the contract, the Buyer shall be bound to accept the goods when they are ready for delivery by the Seller. If the Buyer makes a special request for a particular time of day, or means of delivery, any additional costs thereof shall be charged to the Buyer. Whilst the seller have strict quality control measures in place to ensure everything’s completed to the highest, professional quality, once any item is delivered and signed for, following completion of the project, the seller cannot be held responsible for any allegation relating to the workmanship.

5) DELIVERY BY INSTALMENTS/SCHEDULED DELIVERIES

Where an order by the Buyer on the Seller calls for delivery in several instalments, each such instalment shall be treated as a separate contract, and the rights of either party shall be construed accordingly, save only that the Seller may suspend delivery thereof whilst payment is overdue in respect of any previous instalments, save only that any such suspension shall not apply when the Buyer is within the credit terms agreed by the Seller in writing.

6) PARTIAL COMPLETION

In the case of partial completion of an order, the Seller shall be entitled to a quantum merit in respect of all works done by it without prejudice to its rights should non-completion be occasioned by the Buyer.

7) DELAYED DELIVERY

In the event of the Seller storing goods pending delivery/collection instructions by the Buyer, the Seller reserves the right to invoice the Buyer for the said goods and to make a reasonable charge for the storage thereof.

8) NON-DELIVERY

The Buyer shall notify the Seller, in writing, of the non-receipt of any goods within ten days of invoice date, failing which the Seller shall be under no obligation whatsoever to the Buyer, regardless of any conditions of carriers or insurance.

9) CANCELLATION

If the goods have been made by the Seller in response to an order from the Buyer, the Seller will not accept cancellation of the order. In the event of the goods ordered by the Buyer not being collected, or delivery not being accepted, the Seller reserves the right to destroy or otherwise dispose of such goods after a three month period (during which time clause (7) above will be applied) without reference to the Buyer. Any deposits paid by the Buyer upon placing of an order are non-refundable for any reason whatsoever.

10) DISPOSAL OF GOODS

The Seller may sell the goods if the Buyer shall fail to pay in full, monies due to the Seller and collect the goods within 3 months of being notified that work has been completed and of the Seller’s intention to proceed to sell them. Upon any such sale the Seller shall pay the balance of the proceeds to the Buyer after deducting all monies due to the Seller, including storage, insurance and interest charges incurred and all costs of sale. Buyer’s goods paid for but not collected within 3 months of being notified that work has been completed will be disposed of as above and the balance of the proceeds of sale paid to the Buyer under the same conditions.

11) QUOTATIONS AND PRICING

a) The Seller reserves the right to change any of the prices within the price list without any prior notice to any Buyer.
b) All quotations supplied by the Seller are valid for a period of three months.
c) All prices quoted by the Seller are exclusive of V.A.T. unless otherwise stated on the quotation. V.A.T. will be charged, where applicable, at the rate ruling at time of invoice.
d) All prices provided are for the work as detailed in the quotation only; if any unforeseen work arises within the duration of the project the Seller reserves the right to amend the initial quotation.

12) PAYMENT TERMS

Payment to the Seller by the Buyer shall be due upon the receipt of goods, whether delivered or collected, unless a credit account has been agreed by the Seller in writing. In the event of a credit account having been agreed, payment is due, in full, within ten days from invoice date. Where the Seller has not received full payment by the due date, any settlement discount shall be forfeited, and interest and compensation under the terms of the late payment legislation may be charged on the sum outstanding. In the event of the Seller passing the account to the Sellers Debt Recovery Agents for collection the Buyer agrees to pay any costs incurred in addition to interest and compensation as above, in obtaining settlement of the In the event of the Buyer ceasing to trade for any reason whatsoever, its directors, partners or proprietors accept joint and several personal liability for all sums due to the Seller. Also I as director/partner/proprietor of the buyer personally guarantee’s to reimburse any invoiced amount to the Seller.

13) CONDITIONS AND WARRANTIES

The Seller gives no conditions or warranty that the goods Supplied are fit for the particular purpose for which the Buyer may require the same. The Buyer shall satisfy itself, prior to ordering, that the goods are fit and suitable for the purpose for which the Buyer intends them.

14) VARIATION OF CONTRACT

The sale of any goods whatsoever by the Seller to the Buyer is only on these conditions and no variation or additions shall have any effect unless it is in writing by or on behalf of the Seller. Should any of these conditions conflict with conditions stated on the Buyers order, the conditions of the Seller shall prevail. These conditions supersede all previous conditions used by the Seller.

15) CONSEQUENTIAL LOSS

The Seller shall be under no liability whatsoever (including without prejudice to the generality of the foregoing and liability in tort or for consequential loss or damage of any kind) for any defect in the failure or unsuitability for any purpose of goods or for any part thereof whether the same be due to faulty design, workmanship or material.

16) STATUTORY REQUIREMENTS

The Seller gives no warranty that the design, construction or quality of the goods supplied will comply with all the relevant requirements of any statutory rule or order or other instrument having the force of law which may be in force at the date of sale.

17) DEFECTIVE GOODS AND RETURNS

Any goods that are claimed by the Buyer to be defective through faulty materials or workmanship must be returned to the Seller within fourteen days from the date of receipt. On any such return, the Seller may decide in its absolute discretion whether to replace the goods or to credit the Buyer with the cost of purchase from the Seller. Failure to have the goods returned (or by agreement, to be collected by the Seller) within fourteen days, shall release the Seller from any liability whatsoever. In accordance with the terms herein contained, the Seller shall have no further liability whatsoever.

18) SAMPLES

The Buyer may request production samples of goods provided that all tooling costs have been paid. In the event of samples being supplied, other than production samples herein before mentioned, the Buyer shall accept the samples solely for information and as in no way imparting any express or implied conditions or warranties as to quality, description, colour, fitness or merchantable quality of goods subsequently delivered, and the Buyer shall be deemed to have satisfied himself as to matters prior to ordering the goods.

19) INFRINGEMENTS OF PATENTS

When goods are manufactured by the Seller in accordance with the Buyers specifications and requirements, the Buyer shall indemnify the Seller against all costs, claims and expenses incurred in respect of the infringement or alleged infringement by such goods of any patents, registered designs or any other rights belonging to third parties.

20) RECOMMENDATIONS

Any written recommendation/valuation made by the Seller as to the use to which any goods sold to the Buyer may be put, the Seller shall have no responsibility whatsoever for any damage, liability, cost, claim or expense suffered by the Buyer of any third party following such recommendation/valuation. The Seller shall assist by supplying samples subject to clause 19 of these conditions for the Buyer to satisfy itself of suitability for its own purposes.

21) GOODS IN TRUST

All goods entrusted to the Seller are not insured unless by prior arrangement and the cost of such insurance shall be borne by the buyer. Whilst we take the upmost care of goods entrusted, all work is undertaken entirely at the risk of the Buyer and no liability for loss or damage whatsoever is accepted by the Seller.

22) FORCE MAJURE

The Seller shall do all in its power to perform the terms of any contract to which these conditions have part, and in particular to meet all delivery dates, but shall not be liable for any failure to observe or breach of any of the terms hereof by reason of war, riots, civil commotions, strikes, lockouts, trade disputes, fires, breakdown, interruption of transport, Government action, delay in delivery by the Sellers suppliers, or any other cause beyond its control.

23) NOTICES

Unless otherwise provided in writing, communication or notice under the contract shall be made or given by sending the same by ordinary pre-paid letter post, in the case of a firm to its current address and in the case of the Buyer to his last known address, and if so sent shall be deemed to be made or given two days after the date of posting.

24) CLERICAL ERRORS AND OMISSIONS

Clerical errors and omissions are subject to correction without notice.

25) OPERATION OF LAW

These conditions shall be construed and the rights of the parties shall be regulated by the Law of England and the Buyer shall submit to the non-exclusive jurisdiction of the English courts. If any of these conditions or part thereof is rendered void or unenforceable by any legislation to which it is subject or by any rule of law, it shall be void or unenforceable to that extent and no further. Any disputes arising out of the contract shall if the Seller so require be referred to Arbitration in England in accordance with the Arbitration Act 1950, or any modification thereof for the time being in force. E&OE 1st July 2009.