GALLERY 34 LIMITED - TERMS OF SALE
DEFINITIONS
1. Any reference to Company/Seller/We/Us shall mean GALLERY
34 LIMITED CROSS CHAMBERS, 9 HIGH STREET NEWTOWN POWYS,
SY16 2NY Company No. 04749026 (Registered Office) who sell or supply specialist
artwork, art equipment and accessories in the course of their trade or business.
2. Any reference to You/Buyer/Purchaser shall mean any
person, sole trader, partnership, business, body corporate or other entity detailed
in the appropriate section of the sales invoice/order form and shall include
all successors, heirs and assigns. Where the Buyer purchases in the course of
a trade, profession, vocation, hobby or for profit, it is agreed that such a
buyer shall mean a trade buyer. Where a person deals entirely as a consumer,
statutory rights shall remain unaffected. Where the term buyer appears within
these terms it shall mean both trade and consumer buyer/purchaser unless specified
as relating to a trade buyer or consumer buyer individually.
3. Goods or equipment ordered shall mean the items detailed
in the appropriate section of the sales/order form and it shall be a core term
of this agreement that all additional parts, connecting components or ancillary
items, not detailed within the sales order form, shall be additional to this
agreement.
4. Price shall mean the consideration due for purchase
and shall exclude VAT, which shall be added (for applicable purchases) at the
prevailing rate prior to order confirmation by the Buyer. All Buyers within the
EEC shall be liable for VAT unless VAT registered within the EEC whereupon the
Buyer shall include, prior to any order placed, Company documentation which must
contain a valid VAT registration number. For all Buyers, certain other duties
or levies may be applicable to any purchase which shall be identified prior to
order confirmation by the Buyer. Such taxation price indications shall be in
relation to the taxation liability of the Company within the United Kingdom only
and shall not include any liabilities of the Purchaser who shall remain liable
for any levies or duties placed upon orders within originating Countries. For
Purchasers outside the EEC, VAT shall not be applicable. In respect of all contracts
outside the United Kingdom, certain local taxes or import levies may be charged
by originating Countries which are not within the control or liability the Company.
Purchasers should note that prices quoted may vary during the currency of brochures
(upwards or downwards) and current prices are quoted at the time of order.
5. In respect of orders placed via the Internet, such
orders shall be mere offers to purchase and shall not be accepted or binding
upon the Company until confirmed or acknowledged in writing by the Company by
means of invoice or statement. Order acknowledgement shall not amount to confirmation
of order and the Company reserve the right to refuse any offer to purchase prior
to
written confirmation.
GENERAL
6. "Working day" shall mean any day excluding
Saturdays, Sundays and public holidays.
7. These conditions shall apply to all of the company's
quotations and contracts, orders (including telephone, facsimile transmittal,
postal and internet orders) for the sale or supply of goods accepted by the
company. For the trade buyer, any other terms or representations, whether implied
by statute, made prior to, collateral with or subsequent to the contract or
order are hereby excluded and shall not be binding upon the company. For the
consumer buyer, representations shall only be binding upon the company if confirmed
within the order form or other acknowledgement from the Company.
8. Brochure descriptions and colour reproductions
therein, Web Site information, representations and artwork on display are
indicative
only and any specifications, origins, measurements and technical data have
been prepared by artists and are for guidance only. Buyers are therefore required
to check current specification, colours and measurements with the Company,
prior to order, as art representations are subject to printing limitations.
9. The company reserves the right to amend technical
or clerical errors in any order without notice. In addition, the buyer shall
ensure that all details contained within the order are correct prior to submission
to the Company. Subsequent to delivery, the Company shall accept no liability
for any error or inaccuracy in order unless notified of such error within seven
days of delivery/receipt of any document containing the said error.
LIMITATIONS UPON LIABILITY
10. For trade buyers, the company is hereby excluded
from any liability, howsoever arising, in respect of any express or implied
condition, warranty or term, statement, representation whether statutory or
otherwise, relating to the goods supplied. The trade buyer accepts that he
is best placed to insure against losses which arise by virtue of any breach
of this agreement and warrants that he carries adequate insurance in this respect.
11. Where goods purchased by the buyer are alleged
to be defective, the purchaser agrees to return such goods to the seller for
inspection and report (without the seller replacing the said goods prior to
such inspection). The purchaser also accepts that it is reasonable to inform
the seller of any interruption, defect or other failure prior to contacting
independent third parties or incurring expense and, in addition, to allow the
seller to remedy the defect, failure or interruption. Goods modified or adapted
by the purchaser shall no longer be warranted by the manufacturer.
12. Where goods are defective, incorrectly supplied,
delayed or otherwise in breach of the implied terms of the buyers’ statutory
rights, all losses that directly result therefrom are excluded and shall not
be reclaimable from the Company. In addition, the company shall accept no liability
for death or personal injury unless caused directly by the Companies own negligence.
13. The company accepts no liability in respect
of failure to supply or other interruptions caused by matters beyond the
reasonable
control of the company, including but without limitation, strikes, lockouts,
civil disputes, acts of God, war or actions by third parties.
14. Notwithstanding any other provision of this
Agreement, nothing in this Agreement shall confer a benefit on any person
or persons not
named as the purchaser herein (for the purposes of the Contract (Rights of
Third Parties) Act 1999 or for any other purpose).
PAYMENT TERMS
15. Quotations are given on the assumption that no
variation in the price will be made by the manufacturer/sole importer and that
Government levies remain unaltered. In the event of such changes, the trade
buyer shall be liable for the full cost of any change without notice from the
Company. A Consumer Buyer shall be contacted by the Company and consent for
any price increase obtained. Where no such consent is obtained, the Consumer
Buyers agreement to purchase shall be treated as cancelled. Buyers are hereby
informed that calling down of smaller quantities of material than ordered may
increase the overall price per unit, there being reduced economies of scale
in order. The resultant additional cost shall be the buyers.
TITLE AND DELIVERY
16. Ownership or Title to the product shall not pass
to the buyer until the company has received payment in full. In the event that
sums owing in respect of other items ordered remain due, apportionment by this
company shall take place without prejudice to the right to retain title or
ownership in respect of all goods ordered.
17. Delivery times will be quoted at time of order
and all times given for despatch or delivery are approximate and time shall
not be of the essence. The buyer agrees to give 20 days in any written notice
making time of the essence, such notice to commence subsequent to the last
time for delivery quoted by the Company. The Buyer further agrees to accept
full liability in respect of delayed or late delivery or dispatch prior to
the expiry of any such notice. In respect of special order goods, the buyer
acknowledges that further delays may occur and allows the company 30 days in
any written notice, such notice to commence subsequent to the last time for
delivery quoted by the Company. In any event, delivery times are approximate
and variable. When delivery is effected to the purchaser directly or to an
independent delivery contractor as agent for the purchaser, risk shall pass
to the buyer immediately.
18. The Buyer is required to notify the company, in
writing, of any shortage, misdelivery or other discrepancy immediately, or
at the latest within seven days of such shortage, misdelivery or failure, thereafter
the buyer shall be liable for any such discrepancy. Where delivery is effected
to the buyers own independent delivery contractor, loss or damage in transit
claims should be made directly to the carrier. The company will assist purchasers
in making their claim. Buyers should retain all packaging in the event of a
claim or return within the terms of this agreement.
19. Delivery and packing prices indicated within the
Companies Brochures and Internet Site are subject to change and will be confirmed
at the time of order. Buyers outside the United Kingdom and Europe shall be
quoted approximate prices for delivery and packing prior to order confirmation.
If required the Company shall quote for delivery and packing in such instances
and confirmation of acceptance shall be required from the Buyer prior to acceptance
of order.
CANCELLATION OF ORDERS AND LIABILITY
25. Clauses 26, 27, 28 and 29 below shall only apply
to a person who purchases goods as a consumer buyer and is resident within
European Economic Community where rights which accrue by virtue of the Consumer
Protection (Distance Selling) Regulations, apply.
26. A Consumer Buyer shall have the right to cancel
any contract for goods made by means of distance communication, in accordance
with these Terms and Conditions, within seven working days of delivery of the
goods. Special order goods shall not be returnable under the terms of this
clause. Cancellation of the contract can be effected by service of a Written
Notice signed by the Consumer Buyer which details clearly the Companies Sales
Order Number and the name and address of the Consumer Buyer, and delivered
either by fax to the number printed on the Invoice or by post to the Company's
registered office.
27. If a Written Notice of Cancellation is received
by the Company in accordance with clause 25 the Consumer Buyer shall become
liable to return the goods to the Company forthwith, to such address as directed
by the Company in their original packaging (and without having been installed
or used and with all relevant seals and enclosures intact) and at the consumer
buyer's sole expense.
28. If the Consumer Buyer fails to return the goods
in accordance with clause 26 within 7 days of the cancellation of the contract,
the Company shall be entitled to collect the goods from the consumer buyer
and to recover any reasonable costs involved in such collection from the consumer
buyer.
29. The Company shall then affect a refund of any monies
owing to the consumer buyer in respect of the goods within 30 days from the
date of cancellation or receipt of goods by the Company. Such a refund will
be subject to any set off of monies to which the Company is entitled under
clause 27.
30. The Trade Buyer shall indemnify the company against
all actions, claims, demands, penalties and cost brought by or incurred by
third parties or this company in tort, contract, infringements of or alleged
infringements of patents, copyright or registered designs or otherwise arising
in connection with the goods or their delivery or unloading or with work done
by the company in accordance with the buyers specifications.
JURISDICTION
31. These terms and this agreement (including an agreement
concluded by means of distance communication) shall be interpreted in accordance
with English Law and industry custom and practice, and English and Welsh courts
shall have sole jurisdiction in respect of any dispute arising therefrom.
Any
personal information provided to or to be collected by Animal Awareness
is controlled primarily by:
GALLERY
34 LIMITED,
CROSS CHAMBERS,
9 HIGH STREET,
NEWTOWN,
POWYS,
SY16 2NY
Sales: Tel/Fax: 01978 869 444
Accounts: Tel/Fax: 01490 440 227
Despatch: Tel/Fax: 01678 520 918
e: contact@animalawareness.co.uk
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