KFSD Limited Conditions of Sale
All dealings including all quotations and any other order placed following such quotation are subject to the following conditions of sale in which KFSD Limited is referred to as "the Company"
1. Validity of quotation No order received from a customer by the Company and no purported variation of these terms shall constitute a contract until accepted in writing by the Company. The company reserves the right to refuse any order, including subsequent to the sending of an order acknowledgement email.
2. Prices Prices quoted by the Company are current but we reserve the right to make adjustments if necessary due to currency fluctuations, raw material or factory increases. Unless otherwise stated, all prices are exclusive of any applicable value added tax, for which the customer shall be additionally liable to the Company.
3. Payment Payment must be received for the whole of the price of the Goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing.
3.1 No payment shall be deemed to have been received, until the Company has received cleared funds.
3.2 Unless otherwise agreed payment is required prior to delivery of the goods. For so long as any amount to be paid for goods remains owing to The Company, goods will remain with The Company and will not pass to The Customer until the full payment has been received, subsequent orders and deliveries will be refused until such payment is received.
4. Delivery and Returns Provided the items to be returned are not excluded from this policy*, are unused and in original packaging and condition, then a client may at any time within 7 days of receipt, request these goods are collected by Klaremont for credit. *Some products are excluded from this agreement and cannot be returned under any circumstances. The client will be notified of this when ordering these items. Should goods be delivered faulty, incorrect or damaged, please report to us immediately and confirm in writing within 3 days of delivery. If we make arrangements with you to have goods collected, it is your responsibility to ensure that they are available for collection on the agreed day, as otherwise a charge may be made to rearrange the collection. Please call our customer helpline on 0330 123 9191 to obtain details on how to return your product.
5. Warranty The Company warrants that all goods supplied by it will correspond to their specification and will be free from defects in materials or workmanship for a period of 12 months from the date of delivery. The Company's obligation in the event of a breach of this warranty is limited to the repair or replacement of any defective goods, which shall be returned to the Company by the customer. This warranty is given in lieu of all other warranties or conditions expressed or implied (whether by statue or otherwise) and is subject to the following conditions:
5.1 Claims must be notified in writing to the Company within seven days from the date of delivery.
5.2 The Company shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
5.3 The Company shall be under no liability if the defect or failure, in the reasonable opinion of the Company, arises from wilful damage or misuse, negligence by the customer or any third party, failure to follow the Company's instructions, or alteration or repair of the goods without the Company's prior approval.
5.4 The Company shall be under no liability if the price for the goods has not been paid by the due date for payment.
5.5 The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the customer shall be entitled only to benefit of any such warranty or guarantee as is given by the manufacturer to the Company.
5.6 Except in the case of death or personal injury caused by the Company's negligence, the Company shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation.
5.7 A restocking charge of 15% of the goods or £15 whichever is the greater will apply to any orders returned having been ordered in error.
6. Carriage No delivery charge for orders over £60 within the M25, or £100 elsewhere - otherwise a charge of £5.89 or £11.89 respectively. No minimum order.
7. Risk The risk in the goods shall pass to the customer on delivery to the customer or (if earlier) when possession of the goods is taken by a carrier for delivery to the customer.
8. Force majeure The Company shall not be liable to the customer, or deemed to be in breach of any contract with the customer, 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 force majeure or to any other cause beyond the Company's reasonable control.
9. Reservation of title The goods sold under these Conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the Company until payment in full of all amounts invoiced or due to the Company in respect of the Goods, or until the goods are resold by the customer, whichever shall first occur. If the customer shall enter into liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the Goods has passed in accordance with this condition, the Company shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any Goods to which it has title under this condition. No liquidator, receiver, administrator administrative receiver of the Customer shall have authority to sell goods to which the Company has title without the prior written consent of the Company.
9.1 Until such time as the property in and legal title to the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as the Company's property. Until that time, the customer shall be entitled to resell or use the Goods in ordinary course of its business, but shall account to the Company for the proceeds of sales of the Goods, including insurance proceeds, and shall keep all such proceeds separate from any moneys of the customer and of third parties.
9.2 The Customer shall not be entitled to pledge or charge, by way of security for any indebtedness, any of the goods which remain the property of the Company but, if the Customer does so, all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the reseller) forthwith become due and payable.
9.3 The Company shall be entitled to maintain an action for the price of the goods notwithstanding that title in them has not passed to the customer.
10. Insolvency of customer If the customer, being a body corporate, shall pass a resolution or suffer an order of the Court to be made for winding-up, or if a receiver, administrator or administrative receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then the Company shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.
11. Trademark rights The acceptance of a quotation includes the recognition by the customer of the right of the Company under any patent rights, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced. 12. Publicity Material and Description of Goods
12.1 The descriptions and illustrations contained in the catalogue and price list of the Company are intended to and only present a general idea of the Goods described in them and such descriptions and illustrations shall not form part of the contract.
12.2 All weights, dimensions and capacities shown in the catalogue or price list of the Company are for guidance only and due to the inherent variations in the manufacture of (in particular ceramic) Goods such as weights, dimensions and capacities cannot be and are not guaranteed by our Company.
12.3 The Company does not accept responsibility for the accuracy of any capacity dimensions or measurements stamped or imprinted on Goods by a governmental department or agency.
13. Applicable Law These conditions shall be governed by and construed in accordance with English Law and the parties acknowledge the exclusive jurisdiction of the English Courts.
