1. General
These terms apply whenever we agree to sell our goods to the exclusion of any other or inconsistent -terms unless otherwise agreed in writing by a director.
2. Delivery
custom tailoring items
2.1 Delivery is made to your premises.
2.2 At our option we may deliver the goods in reasonable instalments, in which case you shall accept and pay for the goods in reasonable instalments. Each instalment is to be treated as a separate contract.
2.3 You shall pay our expenses in connection with the carriage or postage.
2.4 You shall notify us in writing of any claim for non-delivery or late delivery of or damage to the goods in transit within 7 days of the date of the invoice for them. Our liability in respect of any such claim is limited at our option to replacement of the goods or refund of the price and does not extend to any indirect or consequential loss.
price
3.1 The price of the goods will be the price ruling at the date of dispatch. All prices exclude carriage and VAT. Any applicable carriage and VAT is payable by the customer in addition to the contract price.
3.2 The price and any other amount due to us under the contract is payable in Euro.
3. 3 You shall pay our reasonable extra charges in respect of:
(a) any special arrangements made at your request in order to expedite delivery;
(b) costs, expenses and liabilities incurred by us where you give inadequate or inaccurate instructions.
delivery time
4.1 We aim to deliver within 28 days of order, but this is an estimate only and time is not of the essence.
Payment
5.1 We will invoice you for the goods together with any applicable carriage and VAT when they or any instalment of them is dispatched to you or to your order.
5. 2 You become liable to pay for goods on delivery of our invoice unless agreed credit terms apply, in which case you shall pay in accordance with them.
5.3 Despite any credit terms all payments for goods supplied, whether or not invoiced, then become immediately due if any of the events set out in terms 7.2(a) to (c) occurs.
5.4 Interest of any overdue account at the rate of 6% per annum above bank base rate accruing from day to day is payable whether or not we have entered judgement for the debt.
6. risk
6.1 The risk in the goods pams to you when the goods are delivered to you or to your order.
7. ownership
7.1 We retain absolute legal ownership of the goods until the price of them, and of any other goods delivered to you subsequently, but prior to the date of payment. has been paid in full.
7.2 If:
(a) you do not pay any invoice of ours within 7 days after it has become due or;
(b) the members of your company pass or call a meeting to pass a resolution for winding up, of if a petition for winding up, administration or bankruptcy is presented;
(c) you become subject to winding up, administration or bankruptcy order, or to any distress of execution on or receivership over any of your assets then you shall cease at once to use any of our goods not then paid for and shall demand return to us any of them remaining in your possession. On making such a demand we are entitled without incurring any liability to you to enter your premises and remove all and re-sell such of our goods as are to be found there.
7.3 Nothing in terms 7.1 or 7.2 gives you the right to return the goods without our consent otherwise than in accordance with our terms policy referred to in clause 10.
8.Force majeure
Where we are unable to perform due to any circumstances beyond our control we may suspend performance while those circumstances subsist, and subject to terms 9.1 any agreed date or period for delivery shall be regarded as extended accordingly.
9. suspension & cancellation
9.1 If any period of suspension of deliveries under term 9.1 lam for more than three months, either of us may cancel the contract by written notice without penalty.
9.2 If any payment due to us from you under this or any other contract is in arrears we may suspend further deliveries under any of those contracts, and if payment is not made within 7 days after we have served a demand in writing to you referring to this term we may cancel any of those contracts and re-sell the goods concerned without incurring any liability to you. Your failure to comply with a demand for payment under this term is to be regarded as a repudiation of the contract and we shall be entitled to damages accordingly.
10. Returns Policy
Where goods are faulty, we will be happy at our option either to replace them of to refund their value provided that:
(a) they are returned to us carriage paid, unused, within 30 days of delivery and
(b) our invoice relating to the relevant goods has been paid promptly and
(c) you would be entitled to reject them.
11. limitation on liability
11.1 Where goods are faulty, we shall not be liable to you for any loss or damage whether directly or consequential or otherwise but in any event our liability (if any) shall be limited to the price of the goods.
11.2 Nothing in these terms affects you on dispatch. The price including any applicable carriage and VAT becomes immediately payable and will be credited in full provided they are returned to us unused within 10 days of delivery.
11. J Cost expenses incurred by you relating to you are not the liability of Acorn fashions unless prior approval is given in writing.
12. Samples
Samples made to order are non returnable. Samples will be invoiced to you on dispatch. The price, including any applicable carriage and VAT becomes immediately payable and will be credited in full provided they are returned to us unused within 10 days of delivery.
13. Set off
You are not entitled to set off any debt or claim against payment of the contract price or other amounts owing to us.
14. Made to order uniform
14.1 Each order must be signed by way of verification to meet your specific requirements. Should you amend of alter your finished garments different to original order, these will be charged accordingly, we endeavour to follow you instructions on first order received only.
14.2 All first orders will be cash on delivery. Thereafter you may apply for credit account. Customers who prefer to open an account with their first order will experience delays while their application is being processed.
14. 3 Customers requiring individual billing must state this when placing the order and a small charge will be applied to each invoice.
14.4 Once your order has been placed we will commence work almost immediately. Once this has started it may not be possible to amend or cancel your order and you will be liable for full com.
14.5 Items made to order and those which have been embroidered are not returnable.