TERMS AND CONDITIONS
1 DEFINITIONS“Customer” means any person or business who purchases Goods and Services from the Supplier.“Goods” means the articles specified in the Proposal, whether by means of sale, hire, rental or otherwise and whether the property of Ty-Mawr Lime Ltd or distributed by Ty-Mawr Lime Ltd as agents foranother.“Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier.“Supplier” means T ˆy-Mawr Lime Limited of Llangasty, Brecon, Powys LD3 7PJ.
2 GENERALThese Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shallprevail over any other documentation or communication from the Customer.
3 THE ORDERThe Proposal remains valid for a period of 90 days. The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified above.The Supplier reserves the right to accept or refuse any order given on the basis of its quotations. In the event of the refusal of any order, nodamages or expenses of any kind shall be payable by the Supplier.
4 PRICE AND PAYMENTThe price for the Goods and Services is as specified in the Proposal.The goods shall remain the property of the Supplier until payment hasbeen received and cleared through the Suppliers bank, but they shall be at the risk of the Customer from the date of delivery.If the Customer fails to make any payment within the agreed terms,the Supplier shall be entitled to charge interest on the outstandingbalance at the rate of 3% above the HSBC base rate. Account facilities are available on application. The Supplier reservesthe right to refuse to extend account facilities.All major debit and credit cards are accepted. Credit card payments are subject to a 2.5% processing charge, there is no processing charge for debit cards.Printed price lists are subject to alteration without notice by the Supplier. The price charged shall be that ruling at the date of order irrespective as to when the goods arrive at the Customers premises.All printed prices exclude VAT and Delivery. All orders under the value of £150.00 net cost are subject to a £3.50 plus VAT packaging charge (excluding books and swatches).
5 DELIVERYThe Supplier cannot accept any responsibility for the way in which goods are used or stored or for any consequential loss of any description incurred by the Customer or for any damage caused directly or indirectly by the goods. The Supplier reserves the right to change the specified delivery date.The Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods. The Supplier will not be responsible for any re-delivery charges incurred as a result of any access restrictions, unsuitable surface tooffload on to, or for any other reason outside of its control. The Customer is responsible for ensuring that the Supplier has fullinformation concerning the delivery. The Customer must check the goods upon receipt and note any discrepancies, damages etc on the delivery note. All risk in the Goods shall pass to the Customer upon delivery.
6 CANCELLATIONS, RETURNS AND REFUNDSAny complaint about the goods must be notified in writing to the Supplier within 3 days of delivery of the goods. The decision by the Supplier about any alleged defect shall be final and conclusive. The Supplier can only assist with the estimate of quantities of goods required. It is the Customer’s responsibility to check any calculations before determining the actual quantity ordered. The Supplier cannot accept any responsibility for any costs incurred or any consequential loss as a result of incorrect quantities being ordered. The Supplier does not accept returns as most of the goods aretime and environment sensitive. If returns are authorised, they may be subject to a collection charge at cost and a handling charge of 10%.
7 LIMITATION OF LIABILITYThe Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence,breach of contract or otherwise in excess of the price for the Goods and Services.The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.