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TERMS & CONDITIONS OF SALE
LINDA MACDONALD DESIGNER JEWELLERY
1. SELLER'S TERMS & CONDITIONS PREVAIL & ACCEPTANCE OF QUOTATIONS
1.1 No conditions or stipulations in or attached to the buyer's form or order which are inconsistent with the seller's terms and conditions of sale or which purport to add to them or modify them in any way, shall be deemed to have withdrawn or waived the said conditions or stipulations and to contract solely on the seller's terms and conditions of sale. Only a duly authorised employee of Linda Macdonald Jewellery has the authority to vary these terms and conditions.
1.2 The seller's quotation is subject to correction for errors or adjustments and should not be considered as an offer capable of acceptance by the buyer and a contract shall not come into existence until a delivery date has been agreed upon and price confirmed.
2. AVAILABILITY AND SUPPLY
2.1 Acceptance of the buyer's order is subject to supplies being available and unsold. The seller reserves the right to refuse at any time an order for goods or any part thereof to which these conditions apply on the grounds of non-availability, and the seller shall incur no liability therefore.
2.2 The seller reserves the right to make instalment deliveries to the buyer, when and where it is deemed to be necessary for logistical or financial reasons.
2.3 Where instalment deliveries are made by the seller, the buyer shall accept and make payments on a pro-rata basis.
2.4 Delivery periods, except where otherwise stipulated, are effective from the date of receipt of the buyer's official order in writing by the seller.
2.5 The seller will endeavour to comply with dates or periods quoted to the buyer for delivery of goods or for the supply of services but no such date or period shall be contractually binding on the seller and the buyer shall have no claim whatever against the seller in the event of the sellers failure or inability for whatever reason, to perform the contract by such date or within such period, unless specifically agreed to in writing by the seller.
2.6 Delivery periods stated in the quotations are those current at date of quotations and are subject to confirmation at time of order.
3. PRICE
3.1 The Price charged will be that ruling on the date of dispatch and will be subject to the addition of Value Added Tax and any other government duty or tax applicable.
3.2 All prices quoted or agreed by the seller are dependent upon and liable to variation in accordance with:-
3.2.1 The performance of work not expressly covered by the contract specification but necessary for the due provision of goods and/or services contracted for.
3.2.2 Mistakes and/or omissions in the contract specifications provided by the buyer.
3.2.3 Special expedition in the completion of a contract at the request of the buyer.
3.2.4 Other matters of any kind whatsoever outside the control of the seller.
4. PAYMENTS / SETTLEMENT
FIRST ORDERS WILL ALWAYS BE ON A PRO FORMA BASIS.
4.1 The settlement terms offered by the seller are subject to the receipt by the seller of satisfactory credit references from the buyer. The seller reserves the right to vary the settlement terms if satisfactory references are not forthcoming.
4.2 Payment for goods must be received by the seller no later than 30 calender days from the date of invoice.
4.3 If the buyer shall fail to pay the seller on the due date any sum to the seller, or if the seller considers on reasonable grounds that the buyer will be unable to pay or be prevented from paying for goods delivered, the seller may suspend further deliveries.
4.4 If for any reason the buyer or their agent has any claims or queries arising from any delivery of goods or goods received, the buyer must notify the seller within ten days of the invoice date concerning the item or items in question.
4.5 If an instance of non or late payment should occur resulting from any sale to a third party by the buyer, the seller has the option to recall any goods or monies still in the keeping of the buyer with immediate effect.
4.6 We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to our agreed credit terms.
5. PAYMENT OF COMMISSIONED WORK
5.1 Commissioned work covers any order for goods not included in the Linda Macdonald Designer Jewellery brochure or for goods in the brochure being made in different materials.
5.2 A 50% deposit is required for commissioned work and no such work will be carried out until the deposit has been received.
6. FRUSTRATION / FORCE MAJEURE
6.1 The seller shall have the right to cancel or delay delivery and will be released from all liability under any existing contract between the seller and the buyer if it is prevented from, hindered or delayed in delivery by normal route / means through any circumstances beyond its reasonable control, including but not limited to:-
6.1.1 Act of God, strike, lockout, any other labour disputes, fire, flood or drought, anomalous working conditions, accidents to machinery and delays en-route.
6.1.2 The effect of any statute, rule, regulation, order, directive, recommendation issued by the government, government department or other competent authority including restrictions of export and other licenses.
6.1.3 The non-availability of suitable materials or labour or of necessary power or other services.
6.1.4 Any other contingency whatsoever beyond the seller's control, including war, to be sufficient excuse for any delay or non-fulfilment traceable to any of these clauses.
7. DELIVERY
7.1 The buyer shall pay extra charges to cover extra costs to the seller, in the event of:-
7.1.1 The buyer or its agent failing or refusing to take immediate delivery of goods tendered for delivery, as per the contract, or delivery being abortive for any other reason not being due to the fault of the seller and as a result whereof such goods have to be redelivered.
8. RETURNS
8.1 To qualify for a full refund the buyer must return the faulty goods to the seller within 30 days of receipt.
8.2 When the seller has agreed with the buyer to swap jewellery for alternative designs this will be up to a value of no more than £200 (not including VAT) unless the buyer is placing an order for a minimum of £200 worth of jewellery in addition to the pieces being swapped at the same time.