Definitions

(a) The ‘Supplier’ means Trimline Group Ltd, its agents and assigns.

(b) The “Purchaser” means the individual, individuals, firm or company purchasing goods from or otherwise dealing with the Supplier;

Application of Terms

(a) All quotations and price lists are given and all orders are accepted on these terms which supersede any other terms in the Supplier’s catalogue or elsewhere, and shall override and exclude any other terms stipulated or referred to by the Purchaser whether in his order or in any negotiations, and any course of dealing established between the Supplier and the Purchaser. All orders hereafter made by the Purchaser shall be deemed to be made subject to these terms.

(b) No modification of these terms shall be effective unless specifically accepted in writing and signed by one of the partners in the Supplier.

(c) Machine Hire Repair and other Services are also subject to Trimline Conditions of Service, copies of which are available on request.

Representations

The Supplier shall be under no liability whatsoever resulting from or arising out of or in connection with or in relation to any statement report or other representation made by any of its partners servants or agents before the contract between the Supplier and the Purchaser was entered into, unless the Purchaser shall give notice in writing to the Supplier before the contract is entered into that it intends to rely on any such statement report or other representation.

Refusal of Orders

The Supplier reserves the right to accept or refuse any order given on the basis of its quotation or otherwise and in the event of the refusal of any order the Supplier shall not be liable for any loss or damage arising therefrom or in connection therewith or in relation thereto.

Quantities

Some items sold by the Supplier are sold by weight based upon the Supplier’s experience and knowledge that those items when sold by weight will equal a certain quantity. In cases where a Purchaser orders a quantity of such items which are sold by weight the Supplier gives no guarantee or warranty that the precise number of items will be supplied.

Many products are supplied to the Supplier by manufacturers in pack quantities. The Supplier gives no guarantee or warranty that such quantities are accurate and accepts no responsibility for any discrepancies. Any pack quantities stated are approximate and may change without notice.

The Goods

(a) The Supplier undertakes to replace or repair free of charge any Goods supplied which are defective in material or workmanship always provided that :

(i) whether or not Goods are defective in material or workmanship shall be for the sole decision of the Supplier;

(ii) the Supplier’s undertaking shall only apply in respect of Goods in respect of which a complaint is received by the Supplier within three days of delivery to the Purchaser. Any goods in respect of which this condition applies shall be returned to the Supplier in its original packaging within fourteen days of delivery to the Purchaser.

(b) The Supplier shall be under no liability to the Purchaser whatsoever other than that set out in (a) above. Without prejudice to the generality of the foregoing, the Supplier shall be under no liability for any consequential losses howsoever arising.

(c) All conditions, warranties, terms, undertakings and obligations implied by statute, common law, custom, trade usage or otherwise (including without prejudice to the generality of the foregoing, any implied condition, warranty or undertaking as to correspondence of the goods with any contract description given, merchantable quality or fitness for any particular purpose) are hereby wholly excluded

(d) Without prejudice to the generality of the foregoing, the Supplier shall have no responsibility for providing any guard or protection necessary to comply with any statutory requirements in connection with any of the Goods.

(e) Changes may occur to sizes and specifications of goods and in this event the Supplier may provide an approximate equivalent.

Indemnity

The Purchaser hereby undertakes to indemnify and keep indemnified the Supplier its servants and agents against all costs, damages, expenses, penalties, losses and other liabilities whatsoever, including, but without prejudice to the generality of the foregoing, liability for personal injury and death, damage to property and consequential losses, incurred as a result of or arising from or in connection with or in relation to any act, omission, word or deed, whether or not negligent, of the Supplier its servants or agents in pursuance of the supply of Goods hereunder.

Prices, Quotations and Payments

(a) Goods will be invoiced and shall be paid for at the prices ruling at the time of despatch. The price list provided by the Supplier is for guidance only and all prices and quotations are subject to variation at any time without notice to the Purchaser. Unless otherwise stated all prices in the catalogue are exclusive of VAT.

(b) Payment is due at end of month following date of invoice. If payment in full is not received by such date, the Supplier reserves the right to charge interest on the outstanding balance at 3% above Barclays Bank base rate, or the statutory rate of interest if higher. Interest may be charged from invoice date.

(d) The supplier shall be entitled to recover all fees, commissions and other payments incurred from third parties in respect of recovery of any overdue Debt owed by the Purchaser. The Supplier shall also be entitled to a fee of 1% of the Outstanding Debt with a minimum fee of £40.00 to recover the Supplier’s internal overheads in following up the outstanding debt.

Small Orders

Orders for Goods for which the total price is under £100.00 excluding VAT are subject to a carriage and packing charge. Minimum order level subject to change is at present £15.00 excluding VAT + delivery.

Retention of Title

(a) The title and property in the Goods, including full legal and beneficial ownership, shall not pass to the Purchaser until all sums owed to the Supplier on any account whatsoever have been paid for in full in cash or cleared funds. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Supplier and the Purchaser. Until such time the Purchaser agrees:

(i) to insure the good against the usual risks with an insurance company of repute.

(ii) to keep and retain the goods free from any charge, lien or other encumbrance thereon.

(iii) if the Purchaser shall sell the Goods that all monies and consideration received either before or the onsets of any act of insolvency are held in trust for the Supplier as bailee.

(iv) if so required by the Supplier to register a formal charge in favour of the Supplier in the form recognized by the Companies Acts.

(b) In the event that the Purchaser shall purchase further goods or shall incur any other debt in the future then the Purchase irrevocable agrees that the provisions of clause shall apply to any Goods previously supplied by the Supplier notwithstanding that full payment shall already have been received.

(c) The representatives of the Supplier shall be entitled to all rights of access to the Premises of the Purchaser where the goods are stored or the Supplier believes the Goods to be stored for the Purpose of repossessing the Goods.

(d) The Purchaser shall store the Goods separately from other goods or shall in some other way ensure that the goods are readily identifiable as the property of the Supplier. In the case of fungible Goods, any goods which match the invoice description shall be regarded as the property of the Supplier.

Delivery and Risk

(a) Unless otherwise stipulated and subject to Clause 2(b) above all Goods for delivery will be dispatched by the conveyance of the Supplier’s choice. Where the purchaser requires a different means of conveyance any cost must be paid by the Purchaser.

(b) Whilst every effort will be made to avoid delay no responsibility is undertaken for meeting any specific delivery dates. Accordingly no liability will be accepted for any direct or indirect loss which may be caused by delayed delivery.

(d) The Supplier reserves the right to charge carriage to all destinations outside mainland England and Wales.

(e) Claims for damaged or missing goods may only be accepted if signed as such on receipt, and confirmed in writing enclosing a copy of the delivery note within three days.

(f) The supplier reserves the right to charge a haulage and packing charge on the following goods:- Electrical items weighing 30kg or over, tile adhesives, grouts, floor screeds and similar products, Dukkaboard and accessories. This may be imposed irrespective of the order value.

(g) The ‘Free 6 Hour Delivery’ service is a promotion offered for deliveries to the local area, which is subject to type and quantity of goods ordered, postcode, account status, time of day and vehicle availability. The Supplier reserves the right to withdraw or make a charge for this service.

Returned Goods

(a) Subject to (d) below, Goods may be returned to the supplier for credit or exchange for up to ten working days after the date of delivery provided that the delivery note or invoice number is quoted.

(b) Save for Goods returned under clause 6(a) above, returned Goods will only be accepted by the Supplier if they are in a sound and resaleable condition. Whether Goods are sound and resaleable shall be for the sole decision of the Supplier. Any goods which the Supplier deems to be not re-saleable will only be returned to the Purchaser at the specific request of the Purchaser and at the Purchaser’s expense. Notwithstanding the discretion of the Supplier in deciding whether goods are sound and resaleable, goods will not be deemed resaleable if they are returned in anything but their original packaging or the quantities of the goods returned are different from those originally supplied. It is the responsibility of the Purchaser to ensure returned goods are well packed as credit may be refused for goods damaged on the return journey.

(c) Where goods returned for credit or exchange are goods which have been supplied in boxes or in quantities credit notes or exchange of goods will only be given if the goods are returned in their boxes and/or in the same quantities supplied to the Purchaser. Credit notes will normally only be issued if the Suppliers Collection Note has been issued to the Purchaser.

(d) Save for goods returned under clause 6(a) above, Trimline reserves the right to make a charge for handling and restocking equal to 35% of the sale price of the goods returned plus the return carriage charge.

(e) Goods especially obtained for the Purchaser may not be returned for credit or exchange.

(f) When making a request to return products to us it should be made within the following timescales:

Shortage and damaged goods 24 hours if signed such on receipt

Picking errors (i.e. wrong goods) 3 working days Faulty goods 3 working days

Goods no longer required 10 working days

You should always obtain a signature (i.e. proof of collection) from the person collecting goods for return.

This Contract Is Governed By English Law

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Terms and Conditions