Terms and Conditions
These conditions do not affect the Customer’s Statutory rights
01. INTRODUCTION & DEFINITIONS: 1.1 “Twin Design”, “Twin” or Company is Twin Design Limited 1.2 “Buyer” is the end company or individual receiving the final products or services as defined by the quotation or proposal 1.3 “Goods” means the products or services which Twin Design is to supply in accordance with the Buyer’s order 1.4 “Terms” means the terms and conditions unless otherwise specified 1.5 “Price” means the price payable in accordance with clause 5
02. Ordering / Cancellation 2.1 Orders must be received to Twin Design in writing with a Purchase Order number on headed paper or by return at the order confirmation. Twin Design reserve the right not to proceed on electronic confirmation alone. 2.2 Twin design will only accept order cancellations within 24 hours of Order confirmation providing manufacturing, material and any other associated costs have not occurred and the order will stand. 03. Specification 3.1. All Dimensions and specifications listed are for guidance only, and are not binding on Twin Design in anyway, please contact Twin Design for precise specification and samples for specific products before ordering 3.2. Twin Design reserve the right to alter the detailing and specification of Products at any stage 3.3. Colour variations may occur on separate orders due to dying process for each Material 3.4. When manufacturing products to buyers own specification / designs Twin Design accepts no responsibility for any infringement of intellectual property rights of any third party and the buyer will fully indemnify Twin Design against claims, costs and liabilities 3.5. The Buyer, whether acting directly for themselves or as an agent for another party, shall be responsible for the correct specification of goods including work to be carried out. 3.6. The Buyer shall be responsible for giving the Company any necessary information or samples relating to the specification of the goods within a sufficient time to enable the Company to perform the contract in accordance with these conditions or within any other agreed lead time. 3.7. The Company reserves the right to make without notice any changes in the materials, specification or design of the goods which may be required to conform with any safety or statutory requirements, or, having regard to all the circumstances, considers them reasonable or desirable. Such changes will not affect the validity of the contract.
04. Bases of Terms 4.1. The terms shall constitute the entire agreement between Twin Design and the Buyer to the exclusion of all terms and conditions (including any terms and conditions which the buyer purports to apply under any purchase order, order confirmation or specification supplied). The Buyers confirmation of order shall be deemed to incorporate Twin Design terms.
05. Pricing Terms / Payments 5.1. Twin Design reserve the right to make changes to the price list at any stage 5.2. Orders received and confirmed will not be subject to price change 5.3. All prices are listed in GBP (£) and are exclusive of VAT charged at the current rate 5.4. Unless stated otherwise, all prices are ex works, but include the cost of packaging. 5.5. Firm price quotations are valid for a period of 30 days only from the date of quotation. The Company may at its absolute discretion, accept or reject any Order placed by the Buyer. 5.6. In the event of any alteration to any Order being requested by the Buyer and agreed by the Company, the Company shall be entitled to make and adjustment to the contract price fairly effecting such alteration or addition. 5.4. Unless otherwise agreed, payments are in full on a Pro-Forma Basis 5.5. Payments to be made by BACS/CHAPS transfer 5.6. Products remain the property of Twin Design and won’t be dispatched until full Payment has cleared 5.7. Twin Design accept no responsibility or liability for any delays due to non-cleared funds 5.8. Where the Buyer is an existing customer with an approved credit account, payments will shall Be made within 30days from date of invoice 5.9. in the event of late payment to the company, then without prejudice to any other right or remedy a surcharge currently 2% per month maybe added to the account unless otherwise agreed in writing. 5.10. Payment terms are strictly as stated. In addition to the surcharge above becoming payable, non-Payment of an invoice within the stated terms will result in legal action and any costs incurred in securing Payment of overdue accounts will be meet by the buyer. 5.11. All quotations are valid for 30 days.
06. Lead Times / Delivery 6.1. Twin Design standard lead time is 4-6 weeks unless otherwise stated 6.2. Where a target or anticipated date of delivery may be agreed between Twin Design and the Buyer at the times of the order, no period stipulated for delivery shall commence until all details shall commence until all details have been agreed and payments have been made and cleared with our bankers 6.3. While Twin Design will in every case strive to meet stated deadlines, the nature of the companies work is such that there may be occasions where unforeseeable circumstances of products or services 6.4. Twin Design will not be liable for any earning, turnover, sales or other loss to the buyer should an order incur unforeseeable delays 6.5. Prices do not include delivery unless clearly indicated. 6.6. All Deliveries are tail gate unless otherwise agreed in writing. The buyer is responsible for ensuring arrangements are made for lifting and placing of goods into the delivery address. 6.7. The Company reserves the right to deliver Goods by instalments and in such event each instalment shall be treated as a separate contract save that the further delivery of further instalments maybe withheld until Goods contained in earlier instalments have been paid for in full. 6.8. The Buyer’s signature on the delivery note shall constitute acceptance of the goods within the meaning of S.35 of the Sale and Supply of Goods Act 1994.
07. Guarantees / Returns 7.1. All Twin Design products come with a standard 12-month frame guarantee against manufacturing defects 7.2. Twin Design accepts no responsibility for damage or wear caused by misuse, accidents or damage arising as a result of the environment the products are placed within
7.3. Any Product grievance suspected of being delivered damaged or worn must be reported to Twin Design immediately with supported photography before Twin Design can take action 7.4. Due to the bespoke nature of our products, Twin Design operates a no return policy unless deemed to be faulty or otherwise agreed by the company 7.5. Where samples of Goods or colour charts are provided, these are submitted only as indicative of the class, size or colour of the Goods quoted for, and sales of Goods shall not be by reference to any such samples or colour. 7.6. Whilst all descriptions and illustrations of the Goods in (Inter alla) catalogues, brochures and price lists provided by the Company have been carefully prepared, they are intended never the less for general guidance only and do not form part of any contract for sale of Goods, and no responsibility is accepted for any errors or omissions therein or for any loss or damage resulting from reliance on such descriptions and illustrations. 7.7. If the Buyer claims or detects a defect in the goods or part thereof, the Buyer will either return those Goods to the Company, or if the Goods are retained by the Buyer, indemnify and keep the Company indemnified against all liability and claims which may arise out of or incidental to the defect. 7.8. The Company assumes that all Goods ordered from it are suitable for the purpose for which they are required. The Company is not required to enquire further from the Buyer as to the use to which the Buyer wishes to put the goods. 7.9. The Buyer acknowledges that the Goods will be used only in accordance with the specific instructions included with the packaging of the Goods and the Company will not be liable for any fault or defect caused as a result of the Buyer not following the specific instructions.
08. General / Force Majeure / Jurisdiction 8.1. All designs are exclusive to Twin Design Limited and are protected by international copyright 8.2. Storage charges may be incurred if a delivery is delayed by the client causing storage implications to Twin Design 8.3. Twin Design may suspend the whole or any part of an order if by reason of Force Majeure either party is preventing or hindered from performing their obligations or performance of those obligations, is to a substantial degree rendered difficult. These reasons include flood, fire, failure of power supply, acts of terrorism, strikes and any employer disputes 8.4. All Work requested by the Buyer will be chargeable, unless, otherwise agreed 8.5. The Company may subcontract the whole or any part of parts of the performance of the contract. 8.6. The Buyer must obtain the Company’s consent before transferring or assigning benefit under this contract to any other person or firm. 8.7. These terms shall be governed by English Law and the Buyer shall submit to the exclusive jurisdiction of the English Courts 8.8. Unless expressly stated to the contrary by the Company in writing their conditions shall be deemed to be incorporated into any contract between the Company and the Buyer and shall be deemed to override any terms and conditions which are inconsistent with them which the Buyer may attempt to introduce. 8.9. Unless otherwise agreed in writing by the Company these Conditions supersede any earlier sets of conditions of sale appearing on the Companies price list, quotation forms, invoices or on any other document whatsoever. 8.10. All quotations and contracts are made and Orders are accepted subject to these Conditions of Sales. All other conditions are hereby excluded unless expressly accepted in writing by The Company. 8.11. in entering into contract with Company, the Buyer acknowledges that the contract has not been induced by any representations orally or in writing made by the Companys, their servants or agents.
8.12. No quotation, estimate or tender given or made by the Company shall form an offer capable of acceptance by the Buyer. A binding contract for sale shall only be created upon the acceptance in writing by the company of the Buyer’s Order. 8.13. Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the company. 8.14. If any of the provisions of these terms and conditions are held by any court or other competent authority to be void or unenforceable in whole or in part, the other provisions of the terms and conditions and the remainder of the affected provisions shall continue to be valid. 8.15. 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 obligations in relation to the Goods, if the delay or failure was due to any cause beyond the company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s control: a) Act of God, explosion, flood, tempest, fire or accident b) War or threat of War, Sabotage, Insurrection, Civil Disturbance or requisition; c) Acts, restrictions, regulation, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; d) Import or export regulations or embargoes; e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the company or of a third party); f) difficulties in obtaining raw material, labour, fuel, parts or machinery; g) power failure or breakdown in machinery; h) theft 8.16. Correspondents Address: Unit 1, 8 Tenby Street, Jewellery Quarter, Birmingham, B1 3AJ 8.17. Registered Office: 70 Summers Lane, Jewellery Quarter, Birmingham, B19 3NG 8.18. Twin Design Limited is a Company registered in England 06130816 8.19. VAT Registration: 930 2835 40 0.9. THE BUYER’S RESPONSIBILITIES: 9.1 Unless the Company agrees otherwise in writing, the Buyer is responsible for obtaining any required consents for carrying out the contract, including planning permission, building control, listed building consent, conservation area approval, fire certification and any other statutory consents, and for serving any notices and paying any fees for any such consents. 9.2 The Buyer must give the Company unimpeded access to the site during normal working hours from Monday to Friday for carrying out the contract work and incidental matters. 9.3 The Buyer must provide at his own expense effective heating, ventilation, lighting and power at all times during the period of the contract. 9.4 Unless no-one other than the Company’s workmen can gain access to the site during the period of the contract work, the Buyer must make adequate secure on-site storage available for materials awaiting fixing and for plant, equipment and loose tools, or be liable for any loss or damage unless due to any act or default on the Company’s part
0.10. Damage, Loss or Short Delivery
10.1. On delivery, the Buyer shall examine the Goods for completeness or defects. Thereafter no claim for damage in transit, for shortage in delivery or for loss of Goods will be entertained unless, in the case of damage, a separate notice in writing if given to the Carriers or to the Company within 48 hours of receipt of the Goods followed within 10 days of the date of advice of dispatch by a complete claim in writing; or in the case of loss of Goods, a separate notice in writing and a claim is given to the Company and Carriers within 14 days of the date of the Company’s advice of dispatch to
the Buyer. A signature “unexamined” is only acceptable where any claims are notified within 48 hours of signature. 10.2. The Company shall not in any circumstances be liable, whether in contract or tort, to the Buyer for any indirect or consequently loss or damage (including without limitation, loss of profits or damage to property) or for any claim against the Buyer by any third party and the guarantee given by the Company hereunder shall not be transferable to any person. 10.3 The Company’s liability for damage or non-delivery of Goods duly notified in accordance with the above shall in any event be limited to replacement of the Goods or repair, within a reasonable time, weather the damage or non-delivery is due to the Company’s negligence or not.
11.1. The Company shall not be liable for any consequentle, loss of profits or special loss arising out of any breach of condition, warranty or contract on the part of the Company in respect of the Goods. The Company’s liability for such breach in respect of the Goods shall be limited to the net invoice value or at the Company’s absolute discretion to the replacement of the Goods.
12.1 No liability whatsoever shall be incurred by the Company in respect in any representation made by the Company or its agents to the Buyer or the Buyer’s agents before the Order was made where such representation related or referred in any way to (i) the correspondence of the Goods to any description or (ii) the quality of the Goods or (iii) the fitness of the Goods and for any purpose whatsoever. 12.2. No liability whatsoever (other than expressly set out in these terms and conditions) shall be incurred by the Company to the Buyer in respect of any express term of the Order whether a condition, warranty or intermediate stipulation (including any liability arising from the breach of such term) where the said term relates or referees in any way to (i) the correspondents of the goods to any description or (ii) the quality of the Goods or (iii) the fitness of the Goods for any purpose whatsoever.
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