The Cambridge Shutter Company Ltd. – Conditions of sale
All arrangements are made subject to the following conditions and the buyer’s signature on this order form is confirmation that the buyer accepts and agrees to be bound by these conditions.
‘The seller’ means The Cambridge Shutter Company Ltd. and ‘the buyer’ means the person, persons, firm or company placing an order for goods or services with The Cambridge Shutter Company Ltd. These conditions of sale together with the particulars contained in the order constitute the entire contract between the buyer and the seller.
All quotations by the seller represent an invitation to the buyer to place an order and do not constitute a legal offer. This sales order will be regarded as the offer and the seller’s order acceptance will be regarded as binding. The seller reserves the right to refuse to accept this order and return any deposit paid.
All prices are quoted without commitment and are subject to alteration or withdrawal by the seller without prior notice. Orders can only be accepted on the condition that the prices charged are those ruling at the date of dispatch unless the seller specifically agrees in writing to engage a fixed price contract.
Delivery times stated are estimates only and time is not of the essence. Whilst every effort is made to ensure due performance, the seller cannot accept responsibility for damages or consequential loss arising out of delay or failure to deliver by the specified date.
All shutters and other goods are sold to the buyer on the following conditions. The seller does not accept any responsibility arising from the buyer’s failure to comply with these conditions.
All goods should be fully inspected by the buyer prior to installation. The buyer must check that the goods are in accordance with the purchase order both for colour and design. The seller cannot accept responsibility in circumstances where the buyer is not present at the installation / delivery address.
The buyer must check that all items are to colour sample. The seller cannot guarantee precise colour matching against samples as our products are made from natural materials. Exact colour matching of finishing products (e.g. paints and stains) cannot be guaranteed although every effort will be made to ensure the accuracy of the finished product.
Minor imperfections not readily apparent at a distance of four feet under ordinary lighting conditions will not be accepted as defects.
The seller cannot guarantee the goods against fading especially as a result of exposure to sunlight where some fading will occur. Our goods are not guaranteed against damp or other extremes of moisture or temperature.
The seller reserves the right to withdraw any product and/or colours at any time without prior notice and cannot be held responsible for any consequences caused by the withdrawal of such products.
Under no circumstances, except in respect of death or personal injury caused by the seller’s negligence, does the seller accept liability for consequential loss, damage costs or expenses howsoever arising and any liability for such consequential loss damage is hereby specifically excluded. Should a claim be made the seller’s liability is limited to the value of the order placed by the buyer.
The seller gives no warranty as to the fitness of the product supplied for any purpose other than that of an internal window dressing as surveyed by the seller. Other installations or uses are the risk of the buyer.
Tolerance levels of overall panel specifications are plus or minus 3mm, and the product will not be considered defective if falling within the size range. Warp on any component part, vertical or horizontal, shall not exceed 1mm per 300mm and shall not be considered defective if within this tolerance.
It is recommended that panels be ordered within our normal specification range. For example, that panels above 1400mm in height are ordered with a divider rail and that panel widths do not exceed 550mm. We may exceed the limitations at your request, but in doing so we cannot accept responsibility for problems that result.
If the buyer is not on site when property is surveyed or during installation the shutters will be fitted in accordance with our standard practices unless agreed prior to confirmation. If the buyer chooses to install against our recommendation then liability will be theirs. The foregoing is in substitution for all other terms, express or implied relating to the quality or fitness for purpose, and all such items are hereby excluded. This does not, however, affect the buyer’s statutory rights.
Contracts with the seller shall in all respects to be constructed and operate as a contract made in England. The buyer and seller hereby accept the exclusive jurisdiction of the English or European Courts in relation to any dispute which may arise out of or in connection with the contract for the goods supplied hereunder save that either party to the contract may refer any dispute thereunder to the tribunal of arbitration of the London Chamber of Commerce.
All items supplied by the seller remain the property of the seller until paid for in full by the buyer.