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These standard terms and conditions (“the conditions”) shall apply to all contracts for goods and services between Denzel Group Limited (“the company”) and any person or Company who accepts the quotation for the goods which the Company
is to supply in accordance with these conditions (“the buyer”), unless other terms and conditions signed by the Company
and referring specifically to the terms and conditions to be amended.
Definitions
“The Goods” means any goods supplied by the Company to the Purchaser in accordance with the order confirmation of
the Company which is accepted by the Buyer or any written order of the Buyer which is accepted by the Company.
“Contract” means the contract for the purchase and sale of the Goods entered into between the Company and the Buyer.
1. Basis of the sale
1.1 The Company shall sell and the Buyer shall buy the Goods subject in either case to the Conditions, which shall
govern the Contract to the exclusion of any other terms and conditions.
2. Orders and specification
2.1 The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any
applicable specification) submitted by the Buyer, and for giving the Company any necessary information relating to the Goods.
2.2 No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in
writing of the Company and on terms that the Buyer shall indemnify the Company in full against all loss (including loss of
profit), costs (including the costs of all labour and materials used), damages, charges and expenses incurred by the
company as a result of cancellation.
3. Price of the goods
3.1 The price of the Goods shall be the Company’s quoted price contained in the order confirmation and except as
otherwise stated under the terms of any quotation or in any price list of the Company, and unless otherwise agreed in
writing between the Buyer and the Company, all prices are given by the Company on an ex-works basis, and where the
Company agrees to deliver the Goods otherwise than at the Company’s premises, the Buyer shall be liable to pay the
Company’s charges for transport packaging and insurance.
3.2 All prices are exclusive of any applicable Value Added Tax, which the Buyer shall be additionally liable to pay to the
Company.
4. Terms of Payment
4.1 Subject to any special terms agreed in writing between the Buyer and the Company, the Company shall be entitled to
invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods.
4.2 The Buyer shall pay the price of the Goods within 14 days of the date of the Company’s invoice, notwithstanding that
delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of
the price shall be the essence of the contract.
4.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available
to the Company, the Company shall be entitled to:
4.3.1Cancel the contract or suspend any further deliveries to the Buyer.
4.3.2Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Company) as it may think fit (notwithstanding any purported appropriation by the Buyer.
4.3.3Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 8% per annum above HSBC Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
5. Delivery
5.1 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in
delivery of the Goods however caused. Time for delivery shall not be of the essence unless previously agreed by the
Company in writing. Courier deliveries arranged by Denzel group Ltd are not guaranteed to arrive at a specific time by
Denzel Group Ltd and may be subject to delays. Every effort will be made to facilitate timely delivery.
5.2 If the Company fails to deliver the Goods for any reason other than any cause beyond the Company’s reasonable
control or the Buyer’s fault, and the Company is accordingly liable to the Buyer, the Company’s liability shall be limited to
the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not
delivered over the price of the goods.
5.3 If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time
stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the
Company’s fault) then without prejudice to any other right or remedy available to the Company, the Company may;
5.3.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage;
or
5.3.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses)
account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price
under the Contract.
6. Risk and Property
6.1 Risk of damage to or loss of the Goods shall pass to the Buyer, immediately upon the Goods leaving the Company’s
premises or place of storage for shipment to the Buyer. The Company is not responsible for damages or shortages that occur in transit.
6.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property
in the Goods shall not pass to the Buyer until the Company has received in cash or cleared funds payment in full of the
price of the Goods and all other Goods agreed to be sold by the Company to the Buyer for which payment is then due.
6.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Company’s
judiciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly
stored, protected and insured and identified as the Company’s property. Until that time the Buyer shall be entitled to resell
or use the Goods in the ordinary course of its business, but shall account to the Company for the proceeds of sale or
otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all cash proceeds
separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored,
protected and insured.
6.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and
have not been resold), the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the
Company and, if the Buyer fails to do so forthwith , to enter upon any premises of the Buyer or third party where the
Goods are stored and repossess the Goods.
6.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any
indebtedness any of the Goods which remain the property of the Company, but if the Buyer does so
all monies owing by the Buyer to the Company shall (without prejudice to any other right or remedy
of the Company) forthwith become due and payable.
7. Warranties, Liability and Guarantee
7.1 Subject to the conditions set out below the Company warrants that the Goods will correspond
with their specification at the time of delivery and will be free from defects in material and
workmanship.
7.2 The above warranty is given by the Company subject to the following conditions;
7.2.1 The Company shall be under no liability in respect of any defect arising from fair wear and
tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s
instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the
Company’s approval;
7.2.2 The Company shall be under no liability under the above warranty (or any other warranty or
guarantee) if the total price for the Goods has not been paid by the due day for payment.
7.3 Subject as expressly provided in the Conditions, and except where the Goods are sold to a
person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all
warranties, conditions or other terms implied by statute, or common law are excluded to the fullest
extent permitted by law.
7.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer
Transactions Restrictions on Statements Order 1976) the statutory rights of the Buyer are not
affected by the Conditions.
7.5 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or
their failure to correspond with specification shall (whether or not delivery is refused by the Buyer)
be notified to the Company within three working days from the date of delivery or (where the defect
or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the
defect or failure. If delivery is not refused, and the Buyer does not notify the Company accordingly
the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such
defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered
in accordance with the Contract.
7.6 Where any valid claim in respect of any of the Goods which is based on any defect in the
quality or condition of the Goods or their failure to meet to specification is notified to the Company in
accordance with the Conditions, the Company shall be entitled to replace or correct the Goods (or
the part in question) but the Company shall have no further liability to the Buyer. Goods subject to a
warranty claim must be re-packaged in the original boxes and returned to the UK address specified
by The Company. The Company accepts no responsibility for damage caused to returned goods
due to inadequate packaging.
7.7 Except in respect of death or personal injury caused by the Company’s negligence, the
Company shall not be liable to the Buyer by reason of any representation, or any implied warranty,
condition or other terms or any duty common law, or under the express terms of the Contract for any
consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other
claims for consequential compensation whatsoever (and whether caused by the negligence of the
Company, its employees or agents or otherwise) which arise out of or in connection with supply of
the Goods of their use or resale by the Buyer, except as expressly provided in these conditions.
7.8 The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by
reason of any delay in performing, or any failure to perform, any of the Company’s obligation in
relation to the Goods, if the delay or failure was due to any cause beyond the Company’s
reasonable control.
7.9 Goods subject to a warranty claim must be returned by the customer to a specified UK address
for inspection. Any cost incurred in delivering such goods for inspection are non-refundable.
7.9.1 Goods subject to a warranty claim must be returned for inspection within 5 working days of
delivery. It is the Customer’s responsibility to ensure such goods arrive within this period and are
packed in their original packaging materials according to the procedure specified at the time. The
3D Centre Ltd is not liable for any damage to returned goods or losses incurred whilst in transit.
8. Insolvency of Buyer.
8.1This clause applies if;
8.1.1the Buyer makes any voluntary agreement with its creditors or becomes subject to an
Administration Order or (being an individual or firm) becomes bankrupt or (being a Company) goes
into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
8.1.2An Encumbrancer takes possessions, or Receiver is appointed, of any of the property or
assets of the Buyer; or
8.1.3 The Buyer ceases, or threatens to cease, to carry on business; or
8.1.4 The Company reasonably apprehends that any of the events mentioned above are about to occur in relation to the Buyer and notified the Buyer accordingly.
8.2 If this clause applies then, without prejudice to any other right or remedy available to the
Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries
under the Contract without any liability to the Company, and if the Goods have been delivered but
not paid for the price shall become immediately due and payable notwithstanding any previous
agreement or arrangement to the contrary.
9. General
9.1Any notice required or permitted to be given by either party to the other under these Conditions
shall be in writing addressed to that other party at its registered office or principal place of business
or such other address as may at the relevant time have been notified pursuant to this provision to
the party giving the notice.
9.2No waiver by the Company of any breach of the Contract by the Buyer shall be considered as a
waiver of any subsequent breach of the same or any other provision.
9.3 If any provision of these Conditions is held by any competent authority to be invalid or
unenforceable in whole or in part the validity of the other provisions of these Conditions and the
remainder of the provision in question shall not be affected thereby.
9.4 The Contract shall be governed by the laws of Scotland.
All goods remain the property ‘Denzel Group Limited’
until payment is received in full. Interest may be charged on late payments in
accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
TERMS OF PAYMENT: Denzel Group Ltd require full payment with purchase order from all non-account customers to commence production and/or dispatch of goods. Unless stated, there is a minimum order charge of £100 on standard items.
Credit Cards :Visa / MasterCard / Maestro / American Express Payment made via telephone connection between client and Denzel Group Ltd. (American Express Incurs 3.35% charge)
Cheque : For non-account customers the cheque must be cleared (normally 3-5 working days) before production commences and/or dispatch of goods. All Cheques make Payable to Denzel Group Limited.
Bankers draft / Bank Transfer :Please note: client's bank may charge a fee for this service (this can take up to 3 working days to complete). Payment must be cleared in Denzel Group Limited account to commence production and/or before dispatch of goods.
Opening an account :New customer credit account for strictly 30 days credit can be opened after completion of three jobs and when the client's cumulative spending with us has surpassed £1000 + VAT.
When all of these conditions have been met application forms are available upon request.
The strictly 30 day credit account can only be opened once the application form has been completed and the following conditions have been met in full as follows:
1. Full name of the business, and whether the business trades under a different name.
2. Registration number, if it is a limited company.
3. How much credit is required.
4. Who is the contact for payment queries, address, telephone, fax and e-mail address.
5. Where to send invoices.
6. Bank address sort code and account number.
7. Details of at least 2 trade references, which must be regular suppliers.
8. Request for consent to obtain a bank reference and request to obtain credit references, if a fee is charged for this facility it will be charged to the client.
9. Full payment must be received within 30 days of date of invoice for account holders.
10. Denzel Group Ltd reserves the right to charge an additional percentage per month on overdue accounts in line with commercial debt regulations for small businesses. This charge is calculated at the current Bank of England base rate plus 8%.
11. All invoice queries must be notified to Denzel Group Limited in writing within seven days of the invoice date.
12. Denzel Group Limited retains title to the goods until all amounts due from the Client are paid in full. In the event of the client being unable to pay his debts, Denzel Group Ltd may enter the Client¹s premises and recover the goods, which are its property by virtue of this clause.
13. Any costs incurred in recovering debt by third party will be passed onto the debtor.
14. Denzel Group Limited in line with other organisations incorporate creditworthiness through a professional credit company to establish credit ratings and we are obliged/committed to act upon their information to ensure "Good and Fair Credit Management".
Privacy Policy
Denzel Group Ltd do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies.Data collected by this site is used to:
a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery purposes
Return Policy
The easiest way of letting us know about a problem is to telephone us immediately upon receipt of goods on 0141 418 0088 and our helpful staff will be happy to assist you with any query you may have. Confirmation of the “reason for return” should be sent in writing to Denzel Group Ltd, 22 Milnpark Street, Glasgow, G41 1BB or via fax on 0845 226 7228 within 5 working days of the receipt goods by client or his agent.
If the goods were refused due to damage in transit and signed for as “DAMAGED”, the cost of return should be borne by the courier company. Otherwise, the cost of the return will be borne by the client and the goods will be repaired or replaced . In all cases Denzel Group Ltd reserve the right to repair or replace goods over refunding monies.
Should the goods be rejected purely under the distance selling regulations (applies to consumer purchases only) then delivery costs and financial costs (e.g. credit card charges) incurred by Denzel Group Ltd will be borne by the consumer. Refunds in these cases will be refunded upon the receipt of written confirmation of cancellation from the consumer.
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