Terms & Conditions
In these terms and conditions the person or the company who has placed the order with us is referred to as the “customer” which expression shall include any principal on which behalf the person or company placing the order is acting as agent. The customers order is accepted subject to these terms and conditions only which shall override any terms and conditions whether in his enquiry or Order Form or otherwise. The placing of an order with us shall be deemed to be an acceptance of our terms and conditions.
Embroidery disc origination prices on application. All discs, unless paid for by the customer, remain the property of Paterson [Scotland] Ltd.
2. DEFECTIVE GOODS
a] If any goods are defective and returned to us within 28 days of delivery we will replace them or, at our option, refund the price of the goods.
b] We shall not be under any liability in respect of any defective goods except as provided in a] above unless the defect was caused by negligence on our part.
c] We shall not in any event be liable to compensate the customer for any liability to third party or for any loss of profit or business caused by any defect in the goods.
d] We shall not in any event be liable to compensate the customer for any defective goods unless he makes a written claim against us within 28 days of the delivery of the goods.
a] No warranty is given or is to be implied as to the life and wear of the goods supplied.
b] Any figures or information given in respect of the performance or efficiency of the goods are based upon our experience and such as we expect to obtain, but no liability is accepted for the performance efficiency or fitness for any particular purpose of the goods unless a specific undertaking in writing has been given.
4. RISK, DAMAGE IN TRANSIT AND SHORT DELIVERY
a] Our responsibility for goods shall cease upon delivery and thereupon all risk passes to the customer.
b] The customer shall acknowledge receipt of the goods by signing either our receipt note or a carriers receipt or receipt book. Unless he states on his acknowledgement that he’s not examined the goods, he shall be deemed to have received all the goods on his order in an acceptable condition apart from any short delivery or for damage to goods which he records when acknowledging them.
c] In any event, no claim for short delivery or for damage to the goods shall be made by the customer unless notice of the claim is given in writing within 5 days of delivery of the order.
d] In any event we shall not be liable to compensate the customer for any liability to third parties or for any loss of profit or business by any short delivery or damaged goods.
5. EXECUTION OF ORDERS
a] We shall not be liable for the consequences of any delay in delivery where such a delay is caused by shortages of labour or materials or by strikes, trade disputes, industrial action, lockouts or accidents or by any cause whatsoever beyond our control.
b] In the matter of delivery time this shall never be the essence of the contract.
c] Delivery will be made to the place specified in the Order Confirmation or if no place is specified delivery will be at the place which the goods are normally delivered.
a] Payment is due 30 days from the date of the invoice.
b] Payment after that date shall be in full and shall carry interest from the due date until the actual date of payment [whether before or after judgement]
c] The rate of interest charged on overdue accounts shall be three percentage points above the base rate for lending charged by the Royal Bank of Scotland from the time to time calculated at monthly rests.
a] Notwithstanding any agreed terms for payment the goods are not sold or delivered on credit but on condition that ownership therein shall not pass to the customer until the whole purchase price has been paid.
b] Until the whole purchase price has been paid our goods shall be kept separate from any other goods in the possession of the customer.
c] If the whole price be not paid by the due date we shall be at liberty to cancel the contract and to remove the goods [and to enter the customers premises to do so]
d] If we do cancel the contract and remove the goods, we shall be entitled to retain any part of the price which has been paid to us.
e] Until the whole price for the goods has been paid, the customer shall hold the goods as our bailee and as our fiduciary. If he sells the goods before the whole price for the goods has been paid to us, he shall hold all proceeds of sale to our use and in a separate account until the whole price for the goods has been paid to us.
f] The customer may use or sell the goods only if he does so bona fide in the normal course of business.
g] If the customer becomes insolvent or if a receiver or a liquidator is appointed to the customer, any license to use or sell the goods shall immediately and automatically determine.
h] From delivery until the whole price for the goods has been paid, the customer shall keep the goods insured in the joint names of the customer and ourselves.
8. CARRIAGE COSTS
a] Will be charged to the customer at the companies cost price plus any handling.
b] Customers in the UK ordering goods with a nett value in excess of £400 will not pay delivery.
a] The proper law of this contract shall be the law of Scotland.
b] The courts of Scotland shall have executive jurisdiction to determine any dispute arising in respect of the contract or the goods supplied.