1. APPLICATION These conditions apply to all suppliers of goods and services by the Supplier to any customer (“the Customer”) and shall prevail over and apply to the exclusions of any terms or conditions contained or related to in the Customer’s order or in correspondence or elsewhere or implied by trade custom practice or course of dealing unless specifically agreed to in writing by a director or other authorised representative of the Supplier and any purported provisions to the contrary are hereby excluded or extinguished/
2. ACCEPTANCE OF ORDER (a) This order shall be deemed as accepted only in the office of Elanbach, 48 Britannia Way, Britannia Enterprise Park, Lichfield, Staffordshire, WS14 9UY.
(b) The Supplier’s acceptance of the Customer’s order shall be effective only when such acceptance in made on the Supplier’s printed Order Acceptance form duly countersigned by an authorised representative of the Supplier.
3. QUOTATIONS a quotation by the Supplier does not constitute an offer and may be withdrawn at any time prior to the Supplier’s acceptance of the Customer’s order.
4. PRICE (a) All orders are accepted at the price stated on the Supplier’s Confirmation of Order. The Supplier shall have the right at any time to withdraw any discount from its normal prices and/or to revise prices to take into account increases in costs including (without limitation) costs of any goods, materials, carriage, labour or overheads the increase or imposition of any tax duty or other levy and any variation in exchange rates.
(b) Unless otherwise specificied, VAT and any other tax or duties payable by the Customer shall be added to the price.
5. TERMS OF PAYMENT (a) Payment shall, unless otherwise agreed in writing, be made in full without any deduction or sell-off in accordance with the terms stated on the Confirmation of Order. Payment at the date specified on the Confirmation of Order is a condition precedent to all subseqauent deliveries. Time of payment is of the essence of this contract.
(b) Interest shall be payable on overdue accounts at the rate of 3 per cent above the Bank of England base rate from time to time from the due date for payment thereof until the receipt by the Supplier of the full amount, whether or not after judgement.
(c) Payments exceeding agreed terms as shown on invoices, will be passed onto a designated collection agency/agencies. All final rates of interest plus charges will be paid by the client.
6. DELIVERY Delivery dates mentioned in the Confirmation of Order are approximate only and not of any contractual effect and the Supplier shall not be under any liability to the Customer in respect of any failure to delivery on any particular date or dates.
7. LIEN If the Customer refuses or fails to take delivery of goods in accordance with the Contract, the Supplier shall be entitled to immediate payment, in full for the work carried out. The Supplier shall be entitled to retain and store, at the risk of the Customer, any goods of which the Customer refuses or fails to take delivery and the Customer shall, in addition to the purchase price, pay all costs of such storage and any additional costs incurred as a result of such refusal or failure. The Supplier shall be entitled, after the expiration of 3 months from the date upon which the price became payable, to dispose of the goods in such a manner as the Supplier may determine. For the purpose of this Agreement Section 12 and Schedule 1 of the Terms (Interference of Goods Act 1979) shall not apply.
8. RISK Except as otherwise expressively provided herein, risk shall pass to the Customer on delivery.
9. TITLE Title to the goods supplied by the Supplier (other than those previously delivered by the Customer to the Supplier) shall not pass to the Customer until payment in full of the price thereof. Until such payment, the Customer shall have possession of the goods as bailee for the Supplier and shall store the goods in such a way as to enable them to be identified as the property of the Supplier.
10. VARIATIONS Whilst the Supplier will endeavour to deliver approximately the length ordered, it is understood that the Customer shall accept delivery of lengths with a tolerance of 10% above or below that actually ordered.
11. ARTWORK AND SAMPLING (a) The Supplier reserves the right to charge the Customer for artwork and sampling costs carried out at the Customer’s request.
(b) The Customer shall indemnify the Supplier against any and all liabilities, claims and costs incurred by or made against the Supplier as a direct or indirect result of the carrying out of any work required to be done on or to the goods in accordance with the requirements or specifications of the Customer involving any infringements or alleged infringement of any rights of any third party.
(c) The Supplier shall have no liability to the Customer in the event of the goods infringing or being alleged to infringe the rights of the third party. In the event that the goods are or maybe the subject of patent copyright registered design trade mark or other rights of any third party the Supplier shall be obliged to transfer to the Customer only such title as the Supplier may have.
(d) This design is the property of Elanbach and may not be copied or reproduced by third parties.
12. FORCE MAJEURE The Supplier shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of the supply of goods by the Supplier being prevented, hindered or delayed or rendered uneconomic by reason of circumstances of events beyond the Supplier’s reasonable control, including but not limited to Acts of God, war riot, strike, lock-out, trade union dispute or labour disturbance against breakdown of plant or machinery, fire, flood storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of the goods or of raw materials thereof by the Supplier’s normal source of supply or the delivery of the goods by the Supplier’s normal route or means of delivery.
13. SPECIFICATIONS Unless expressly agreed in writing by the Supplier of all drawings, designs, specifications and particulars of weights and dimensions submitted by the Supplier are approximate only and the Supplier shall have no liability in respect of any deviation therefrom. The Supplier accepts no responsibility for any errors, omissions or other defects in any drawings, designs or specifications not prepared by the Supplier and the Supplier shall be indemnified by the Customer against any and all liabilities and expenses incurred by the Supplier arising therefrom.
14. RETURNS POLICY We request you unpack carefully, retaining all the original packaging in good order, in case of unsuitability. Please make sure you are completely satisfied with your products. You relinquish your rights to make a claim if you cut or process in any way .
You have the right to return a faulty or defective item providing you have not cut or processed, please notify us with your complaint at firstname.lastname@example.org within 14 days. We will replace or refund your item including reasonable carriage costs. Only on receipt of the returned item and once inspected we will issue a full refund or replace as requested.
Non Faulty/Defective items:
All Elanbach fabrics are printed to order, we hold no stocks of individual colours or designs only the plain fabric in its natural state. Therefore if you receive your order and you wish to return it, providing it has not been cut or processed, this can be returned at your cost within 14 days of purchasing, by a carrier who will obtain a signature as proof of delivery. We will then inspect the item and providing the product is still in its original packaging with original labels and in a saleable condition, we will issue a refund. (Goods which are not returned in a saleable condition will be refused a refund or exchange or may incur a handling/cleaning fee).
In the unlikely event we dispatch the wrong item, please email email@example.com to report the error stating whether you require a replacement or refund. Only on receipt of the returned item and once inspected will a refund including reasonable carriage costs be issued or replaced as requested .
Items damaged in transit:
Should you receive an item which has been damaged in transit, please email firstname.lastname@example.org to report the problem and return the goods (together with the original outer packaging) within 14 days stating whether you require a replacement or full refund. On receipt of the returned item we will replace or issue a full refund, as requested, reimbursing your reasonable return carriage costs in either instance.
Your responsibility when returning items:
Until we receive the returned item/items you are responsible for its/their safe keeping. We do not accept liability for returned packages which are damaged during transit back to us. It is your responsibility to wrap the item/items adequately to prevent damage in transit. We also advise returning the item/items by recorded delivery, for example, Royal Mail “To Be Signed For”.
Events beyond our reasonable control:
We will not be held responsible to you for any delay or failure to comply with our obligations under these on-line shopping terms and conditions if the delay or failure arises from any cause beyond our reasonable control.
15. LIABILITY (a) The Supplier shall use reasonable care and skill in carrying out services for the Customer, subject thereto, the Supplier shall not be liable to the customer:-
(i) For any damage arising from a process carried out to goods supplied by the Customer prior to delivery to Supplier.
(ii) For any defect in the quality of the goods delivered to the Customer unless the Customer notifies the Supplier in writing of any claim within 30 days of receipt of the goods.
(iii) Unless and until the Supplier’s representative is provided with an opportunity of examining the goods and a written agreement has been reached as to any allowance.
(iv) For damage to the goods or as regards any defects or quality of the goods once cut.
(v) If goods are cut or processed in any way by the customer or officer/manufacturer of the customer.
(b) The Suppliers aggregate liability to the Customer, whether for negligence, breach of contract, misrepresentation or otherwise, shall in no circumstances exceed the costs of the defective, damaged or undelivered goods determined by net price invoiced to the customer in respect of any occurrence or series of occurrences.
(c) Subject to the foregoing, all conditions, warranties and representations expressed or implied by Statute Common Law or otherwise in relation to the goods are hereby excluded and the Supplier shall be under no liability to the Customer for any loss, damage or injury direct or indirect resulting from defective materials, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Supplier, its employees or agents SAVE THAT the Supplier.
(d) These terms and conditions do not in any way affect or prejudice the statutory rights of the Consumer.
16. INSOLVENCY AND DEFAULT If the Customer enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or if (being a Company) an order is made or a resolution is passed for the winding up of the Customer (otherwise than for the purposes of amalgamation or reconstruction) or if a receiver is appointed of any of the Customer’s assets or undertaking or if circumstances arise which entitle the Court or a creditor to appoint a receiver or manager or which entitles the Court to make a winding-up order or if the customer takes or suffers any similar of analogous action in consequence of debt or commits any breach of this or any other contract between the Supplier and the Customer, the Supplier may, without prejudice to any of its other rights cease any work on the goods agreed to be carried out under the Contract and/or determine the rights of the Customer under Condition 9 and/or by notice in writing to the Customer determines the Contract.
17. WAIVER Failure by the Supplier to exercise or enforce any rights hereunder not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
18. NOTICES Any notice hereunder shall be deemed to have been duly given if sent by prepaid first class post, e-mail or facsimile to the party concerned at its last known address. Notices sent by first class post shall be deemed to have been given seven days after despatch and notices sent by e-mail or facsimile shall be deemed to have been given on the date of despatch.
19. CARRIAGE Carriage will be charged on all deliveries.
20. GOVERNING LAW The contract shall be governed by and constructed in accordance with the Laws of England and the parties hereby submit to the jurisdiction of the English Courts.
21. ONLINE ORDERING Orders will only be accepted and processed when made by persons of 18 years and older.