Terms and Conditions
July 2010 Terms of Sale
See alsoDeliveries and carriage
1) All Prices are valid on day quoted and need to be confirmed if transaction is to be in the future.
2) All items marked with prices in our showroom are correct for stock items only.
3) All items marked with prices on our website are correct at time of publication. Whilst every effort is made to ensure accuracy, limitations in time may cause temporary errors whilst updating. These will be advised before processing orders.
4) Prices marked on non-stock items are an indication only and are subject to requote at the time of enquiry.
5) Special Items are only put into production once full payment is received and where required a signed drawing has been returned to us.
6) Lead times are a best estimate from time of order acceptance and we can not be held liable for any delays beyond our control.
7) When we have created a “PICKINGS LIST” for supply from your drawings or description we endeavour to include the correct parts but can not be held liable for any errors. However, in all instances you are only charged for items listed on the “PICKINGS LIST”.
8) All items are checked with whoever collects them (the buyer or buyer’s representative) and are deemed correct and in good condition once they have been accepted and left our premises (or signed for In Good Condition if delivered).
9) Items sent out on carrier/courier can only be claimed lost or damaged within 1 week of dispatch (1 day for courier). If damaged claims can only be made if signed for as ‘damaged’. Any damage occurring after offloading is the responsibility of the customer and this can not be claimed for under any circumstances.
10) Normal courier deliveries are driver only deliveries (i.e. F & G Smart is responsible for loading the courier’s vehicle and you (the customer) are responsible for offloading. In most instances the driver may assist with offloading. The customer will be responsible for any additional costs incurred when offloading is not possible, delayed and/or refused. In such instances goods will be held until costs have been paid by the customer and are subject to the conditions below in particular (but not limited to) 11/12/14/15/16. Additional persons can be sent with the driver to assist offloading if requested and paid for by the customer at least 24hr prior to dispatch. Any cancellations less than 48hrs from dispatch will be charged in full. Any other cancellations will be charged at courier/carrier prevailing cancellation rates. see also Deliveries and carriage
11) As a company policy we do not accept returns. However, in some instances we may but the following conditions must be adhered to:
a) All items must be returned within 3 working days of invoice/collection.
b) Invoice must be shown on return.
c) Returns must be pre-arranged.
d) All items must be in perfect condition as sold and still packaged in original packaging (where applicable).
e) No refunds are given. A credit is given which can be used immediately or at any time in the future (i.e. does not expire).
f) Any special ordered, cut, assembled or sold as seen (sas) item is non-returnable without exception.
g) Our director’s decision on returns is final.
h) A handling charge may be charged to cover restocking.
12) In some circumstances it may be necessary to take a deposit for orders before they have been picked. In these circumstances the deposit will be used as part payment against the invoice for the said goods. If cancellation occurs (this includes change of specification), some or all of the deposit will be taken to cover time expended for picking, restocking and for any items which have been altered and any other incidental or consequential costs including but not limited to cancellation of couriers. Any remaining deposit will be held for future orders.
13) When a deposit is taken prior to quoting the deposit is returnable at any time prior to acceptance of quotation.
14) Any orders reserved from standard stock without a deposit will be held for 24hrs from the agreed collection time, after which it may be sold to others.
15) Where goods are not collected within a reasonable time period of the agreed collection date, a storage charge may be levied.
16) If goods have not been collected within 3 months of the invoice date (unless otherwise formally agreed in writing) the order will be deemed cancelled and therefore subject to clause 12 above. If order is re-initiated we cannot guarantee availability.
17) When drawings or samples are supplied for production the buyer shall indemnify F & G Smart (Shopfittings) Ltd against any loss, damage, cost, claim or expenses arising from or incurred in consequence of the goods infringing or allegedly infringing any registered design, patent, trademark or copyright.
18) Before using any product supplied by us, the customer shall determine the suitability of the product for its intended use, and the customer assumes all risks and liability whatsoever in connection therewith – F & G Smart shall not be liable in tort or in contract for any loss or damage – direct, incidental or consequential, arising out of the use of, or inability to use any parts supplied.
19) Any advice, information or opinion given by any employee whether verbal or written is given without any legal responsibility (unless otherwise agreed in writing and signed by a director of F & G Smart (Shopfittings) Ltd), and it is up to the customer to satisfy themselves of the suitability of articles.
20) We reserve the right to change any specification, without prior notice, for any item to an equal or better quality product where necessary due to circumstances beyond our control or due to product improvement. In this instance the customer may cancel any stock item at any time until they leave our premises. Special order items are deemed accepted when payment is received. Drawings and/or samples can be provided where required.
21) Pack quantities and dimensions are nominal, while every care is taken to maintain standards. Illustrations, descriptions, weights and measurements are a guide only and are not binding in detail.
22) Title of goods remains with F & G Smart (Shopfittings) Ltd until paid for in full.
23) The above conditions apply to the sale of materials or equipment by F & G Smart (Shopfittings) Ltd. No alterations or additions, nor exclusions of, any part of these conditions shall be valid in law unless specifically agreed to in writing by a director of the company
24) Nothing in the buyers terms of purchase shall override, cancel or modify any of the company Terms of sale.
25) For the avoidance of doubt these terms to be read in conjunction with the provisions of the Unfair contract terms act 1977, the sale and supply of goods act 1974 and the unfair terms in consumer contracts 1994 or any statutory modification there of. Nothing in these terms shall affect the statutory rights of a consumer.
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