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  © 2017 Pemberton & Milner Ltd. Terms & Conditions Of Sale 2017

Telephone: +44 (0)203 301 6229          Email: enquiries@pembertonandmilner.com

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+44 (0)203 301 6229

Pemberton & Milner Ltd – Terms and Conditions of Sale - All sales are made subject to the following terms and conditions of Pemberton and Milner Limited (“the Company”)

PRICE VARIATION

QUOTES ARE BASED ON THE CURRENT COSTS OF LEATHER AND PRODUCTION AND UNLESS OTHERWISE AGREED, MAY BE SUBJECT TO AMENDMENT ON OR AT ANY TIME AFTER ACCEPTANCE TO MEET ANY RISE OR FALL IN SUCH COSTS.

TAX

THE COMPANY RESERVES THE RIGHT TO CHARGE THE AMOUNT OF ANY VALUE ADDED TAX PAYABLE WHETHER OR NOT INCLUDED ON THE QUOTE OR INVOICE.

SAMPLES & PRODUCT DEVELOPMENT

STANDARD PRODUCT SAMPLES NOT RETURNED WITHIN ONE MONTH, SHALL BE CHARGEABLE AT FULL RETAIL PRICE UNLESS AN EXTENDED TIMEFRAME IS AGREED. ALL PRODUCT DEVELOPMENT WORK CARRIED OUT AT THE CUSTOMER’S REQUEST, WHETHER EXPERIMENTALLY OR OTHERWISE, SHALL BE CHARGED.

PAYMENT

TERMS OF PAYMENT ARE STRICTLY 100% PROFORMA UNLESS OTHERWISE AGREED. THE COMPANY RESERVES THE RIGHT TO CHARGE INTEREST AT AN ANNUAL RATE OF 5% OVER THE BASE LENDING RATE OF BARCLAYS BANK PLC ON ANY AMOUNTS OUTSTANDING 10 WORKING DAYS FROM PROJECT COMPLETION. INTEREST WILL ACCRUE ON A DAILY BASIS FROM THE DATE OF DEFAULT UNTIL THE DATE OF FULL PAYMENT.

SHOULD WORK BE SUSPENDED AT THE REQUEST OR DELAYED THROUGH ANY DEFAULT OF THE CUSTOMER FOR A PERIOD OF 30 DAYS THE COMPANY SHALL BE ENTITLED TO PAYMENT FOR WORK ALREADY CARRIED OUT, MATERIALS SPECIALLY ORDERED AND OTHER ADDITIONAL COSTS INCLUDING STORAGE.

DELIVERY

DELIVERY DATES QUOTED ARE SUBJECT TO AVAILABILITY OF MATERIALS. WHILST EVERY EFFORT WILL BE MADE BY THE COMPANY TO DESPATCH GOODS BY THE QUOTED DELIVERY DATE, NO GUARANTEE OF DELIVERY DATES IS IMPLIED AND THE COMPANY WILL NOT ACCEPT ANY LIABILITY FOR ANY LOSS OCCASIONED BY DELAY IN DELIVERY HOWSOEVER CAUSED.

QUANTITIES

THE PRICE QUOTED IS FOR THE STIPULATED QUANTITIES AND MUST NOT BE TAKEN TO APPLY FOR ORDERS OF SMALLER QUANTITIES. ALL ORDERS ARE ACCEPTED SUBJECT TO IT BEING PERMISSIBLE FOR THE COMPANY TO MAKE AN ORDER WITH DELIVERY WITHIN 5% UNDER OR OVER THE STIPULATED QUANTITY.

QUANTUM & MEASUREMENT

THE COMPANY SHALL IN IT'S SOLE OPTION BE ENTITLED TO SUPPLY AND SHALL BE PAID FOR THE GOODS TO A TOLERANCE OF 15 PER CENT (MORE OR LESS) IN PRODUCT SIZE, STITCH PLACEMENT, LEATHER TURNING, BLOCKING PLACEMENT, COLOUR TOLERANCE AND FINISHING.

CANCELLATION

THE COMPANY WILL NOT ACCEPT CANCELLATION OF AN ORDER WITHOUT WRITTEN AGREEMENT AND PAYMENT FOR ANY PRELIMINARY COSTS INCURRED.

FAULTY GOODS

ANY GOODS SUPPLIED WHICH ARE CONSIDERED DEFECTIVE MUST BE NOTIFIED TO THE COMPANY WITHIN 48 HOURS OF RECEIPT AND RETURNED TO THE COMPANY FOR INSPECTION WITHIN 7 DAYS OF NOTIFICATION. THE COMPANY WILL UPON INSPECTION AND AGREEMENT EITHER REPAIR OR REPLACE SUCH RETURNED GOODS, OR CREDIT THE PURCHASER AT THE PRICE PAID. NO GOODS MUST BE RETURNED WITHOUT AUTHORISATION FROM THE COMPANY. THE COMPANY GIVES NO WARRANTY AS TO THE GOODS OR THEIR FITNESS OR SUITABILITY FOR ANY SPECIFIC PURPOSE AND WILL NOT ACCEPT RESPONSIBILITY FOR ANY INJURY, LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE USE, APPLICATION OR STORAGE OF SUCH PRODUCTS.

GOODS ON CONSIGNMENT

THE COMPANY MAY, AT IT’S DISCRETION, SUPPLY GOODS ON CONSIGNMENT FOR A PERIOD OF 6 MONTHS. ON RECEIPT OF GOODS THE CUSTOMER MUST NOTIFY THE COMPANY WITHIN 48 HOURS IF THERE HAS BEEN ANY DAMAGE TO THE GOODS IN TRANSIT. ALL RISK AND RESPONSIBILITY FOR THE GOODS PASSES TO THE CUSTOMER FOR THE PERIOD OF CONSIGNMENT AND ANY DAMAGE CAUSED TO THE GOODS DURING THIS TIME WILL BE THE LIABILITY OF THE CUSTOMER. DAMAGED GOODS WILL BE CHARGED TO THE CUSTOMER AT THE FULL RETAIL PRICE IN OPERATION AT THE BEGINNING OF THE

CONSIGNMENT PERIOD.

AT THE END OF THE CONSIGNMENT PERIOD THE CUSTOMER MUST RETURN THE GOODS TO THE COMPANY IN THE SAME CONDITION AS WHEN DELIVERED OR PURCHASE THE GOODS AT A WHOLESALE PRICE TO BE AGREED WITH THE COMPANY.

RECEIPT OF GOODS

ANY SHORTAGE AND/OR DAMAGE IN TRANSIT MUST BE REPORTED IN WRITING BY THE CUSTOMER TO THE COMPANY AND THE CARRIER WITHIN 48 HOURS OF RECEIPT OF THE GOODS. WHEN GOODS ARE ACCEPTED WITHOUT CHECKING, THE CARRIER’S SHEET MUST BE SIGNED AS UNCHECKED.

CARRIAGE

ALL PRICES QUOTED ARE EX-WORK, CARRIAGE WILL BE CHARGED ADDITIONALLY.

RETENTION OF TITLE

THE COMPANY RETAINS RETENTION OF TITLE OF ALL GOODS UNTIL PAID FOR IN FULL, NOTWITHSTANDING GOODS PAID FOR BY THE CUSTOMER.

FORCE MAJEURE

THE COMPANY SHALL BE UNDER NO LIABILITY IF IT IS UNABLE TO CARRY OUT ANY PROVISION OF THE CONTRACT FOR ANY REASON BEYOND IT’S CONTROL INCLUDING (WITHOUT LIMING AND FOREGOING) ACT OF GOD, LEGISLATION, WAR, FIRE, FLOOD, DROUGHT, FAILURE OF POWER SUPPLY, LOCK-OUT, STRIKE OR OTHER ACTION TAKEN BY EMPLOYEES IN CONTEMPLATION OR FURTHERANCE OF A DISPUTE OR OWING TO ANY INABILITY TO PROCURE MATERIALS REQUIRED FOR THE PERFORMANCE OF THE CONTRACT. DURING THE CONTINUANCE OF SUCH A CONTINGENCY THE CUSTOMER MAY BY WRITTEN NOTICE TO THE COMPANY ELECT TO TERMINATE THE CONTRACT AND PAY FOR WORK DONE AND MATERIALS PURCHASED, BUT SUBJECT THERETO SHALL OTHERWISE ACCEPT DELIVERY WHEN AVAILABLE.

LAW

THESE TERMS AND CONDITIONS AND ALL OTHER EXPRESS TERMS OF CONTRACT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND.

 

Pemberton & Milner Limited, VAT Registration no. GB 998 4631 53, Company Registration no. 07202236. Registered office: 49 Greek Street, London, W1D 4EG