Under Contract, Terms & Conditions of Sale, Notice of Instruction to Client set out as follows: The Company means CINE ITALIA LIMITED. The Buyer means the corporation, firm, Company, institution, person or persons, client to whom a quotation is made or to whom goods are sold by the Company. “Goods” means products supplied by the Company under, Terms& Conditions of Sale.
General: Any order accepted by the Company whether or not it is based on or results from this or any other quotation or tender given by the Company is deemed to incorporate these Terms & Conditions: no variation or modification of or substitution for these Terms and Conditions (eve excluding or referred to in the document placing the order) shall be binding on the Company unless otherwise specifically accepted by the company in writing:
Soft Furnishings etc are supplied handmade or bespoke by the Company’s designated contractor(s) (unless otherwise stated at time of ordering). All hand-made/finished soft furnishings etc are as stated. With all soft furnishings etc that are bespoke / hand finished, we will never guarantee a factory finished appearance to any of the items designed & constructed specifically for your use. We do not guarantee any handmade / bespoke furnishings or upholstery for fading due to manufacturing conditions of sale those being ‘different dye stuffs ‘. The possibility of up to 8% shrinkage must be taken into account when cleaning or washing fabrics. IT is YOUR responsibility to seek advice at time of purchase. Should you have any problems with any items made by the designated contractor for soft furnishings, please notify the Company immediately following delivery in writing within 3 working days. Mistakes on your personal estimations for measuring, installation or design are not recognised as a fault of the company nor are any monies refundable.
Validity of Quotation: Unless otherwise previously amended or withdrawn the Company quotation is open for acceptance for a periods therein or where no period is stated 21 Days after the date thereof. The Company’s quotation is not an offer but merely an invitation to the Buyer to make an order for goods under the term quotation.
Deposits: A 50% deposit is required to secure most items. There are exceptions when full payment will be required prior to ordering goods. In this instance it is non refundable if you choose to cancel once it has been processed. Lead times are wholly dependent on the manufacture and can change at any time. We cannot guarantee a delivery/installation date until we are in receipt of confirmation from the supplier/manufacture. At times these may change without notice due to unforeseen circumstances. At this point should you wish to cancel, we will do our up most to recover the deposit from the supplier/manufacture however an administration fee will be applicable at this point. Should the supplier of goods and all said goods pre ordered and pre paid and through no fault of the company fall into administration, liquidation or become bankrupt as a result or due to force majeure. The company will make no guarantees or promises to recover monies paid in advance at its expenses or otherwise but will endeavour to place a request with the supplying companies for a full refund or alternative goods etc. The company will also inform the client of the situation at its own discretion when it has exhausted all possibilities of the goods or services being supplied as originally requested by the company & or the customer.
Prices: Prices are subject to alteration or withdrawal without notice. Orders can only be accepted subject to the condition that the goods will be invoiced at prices ruling on the day of dispatch from the supplier’s warehouse unless otherwise stated on an official quotation from the Company.
Unless otherwise stated all prices are excluding VAT which will be charge at the current rate.
Errors: All Clerical errors & omissions are subject to correction without notice.
Delivery: Delivery can be arranged on request. These are conducted by an outside contractor and not the company. Delivery price quotations are variable and are charged directly to the client unless otherwise agreed in writing at the time of purchase/order. Unless otherwise stated delivery shall take place at the Buyers expense and to the Buyers address. Estimates of delivery dates and times are to be regarded as approximate only. The Company accepts no liability for loss, injury and damage consequent upon delivery of goods. Delay due to circumstances outside the control of the company shall not entitle the customer to cancel any order or refuse to accept delivery. Should a buyer default for whatever reason, the goods are not taken up or delivered by the date specified in the contract, the company may either; treat the contract as repudiated or alternatively store the goods at the buyers risk & expense.
Property in the Goods: The Property in Goods delivered under contract shall not pass to the buyer until their price & interest (payable to clause ‘Payment’) & any other sum payable under the contract have been paid in full. Until actual payment of all such sums, the Buyer shall hold the Goods in the fiduciary capacity of bailed (& without prejudice to the generality of the foregoing, the Buyer shall store & mark the Goods in such a manner that they shall be readily ascertainable as goods which are the property of the Company) provided that this shall not prevent the Buyer from selling & using the goods in ordinary course of business such permission has been withdrawn pursuant to clause ‘Payment’.
Damage, Defective or Shortage:
Where goods are delivered & installed by outside carriers/installer damage or part loss claims cannot be entertained unless the carriers & the Company is notified in writing within three days from the date of delivery.
Where the Company delivering goods & receipt of delivery note signed by the customer is received. The goods will be deemed to have been examined & therefore the Company can entertain no claim for damage, loss or defect.
The buyer may not exclude this provision either by making his signature as unexamined or by failing to return the signed delivery note or otherwise.
If a product is supplied and fitted by cine Italia limited and later deemed to be faulty we cannot be held responsible for a replacement re-fitting fee. If the same product is available and within warranty a replacement will be ordered and supplied. However, if the manufacturer refuses to be held accountable for refitting then
a refitting fee will be chargeable to the client.
Woods, leather, linen, silk; cottons, stone, hand finished, & other natural products sold by the Company are sold on the understanding that they are used in accordance with any instructions of the manufacture/suppliers. No guarantee will be given by the Company on longevity of any natural products sold to the buyer. It your responsibility to seek correct advise on these maters
Payment: All monies outstanding to the Company are to be paid immediately on receipt of goods or services completed for works quoted or goods ordered unless other wise agreed. Any amount remaining unpaid on the due date shall automatically and without notice of default attract interest at a rate of 5% above the base rate, with a minimum interest rate of 12%. There are no exceptions to this policy. All legal cost and expenses reasonably incurred by the Company in seeking to collect overdue invoices from the Buyer or otherwise to enforce its rights under contract will be recoverable from the Buyer on an indemnity basis.
Laws Applicable: Any contract existing between the Company & the Buyer either verbal or written shall be constructed in all respect in accordance with the law of the Laws of England & unless otherwise arrange is subject to the jurisdiction of English Courts.
CINE ITALIA LIMITED. All accounts payable to: CINE ITALIA LIMITED Finance house 20-21 Aviation Way, Southend on Sea, Essex, SS2 6UN: Tel: 0044 (0) 1702 548100 Email: firstname.lastname@example.org Web: www.cine-italia-seating.com
Registered Office: ESW 162-164 High St Rayleigh Essex SS6 7BS Registration No: 08085863: Vat No. 143 5448 16. Director: Sharon S Thorne Doc: Cine Italia Limited Terms & Conditions of Sale 09/09/14