Terms & Conditions
All references to the “Buyer” means any person or entity who place an order with the Seller and whose order is accepted by the Seller.
All references to the “Goods” means any product or service supplied by the Seller in accordance with these terms and conditions
1. Child Safety
1.1 Regulations have been introduced to reduce the strangulation risk to small children posed by looped blind cords. These regulations make it mandatory that all blinds should be fitted with appropriate safety devices. If at the point of fitting you refuse to have such a safety device fitted, then we will be unable to install the Goods. In such circumstances you will remain liable for the full cost of the Goods ordered and you agree that you will not treat our refusal to install the Goods as a fundamental breach of the Contract and you will remain bound under the Contract to take delivery of the Goods. For avoidance of doubt we consider this clause to be reasonable in all circumstances given our obligations under the regulations. This will not affect your legal rights as a consumer in relation to any Goods that are faulty
Any quotation is given on the basis that no contract will come into existence until the Buyer agrees to purchasing and signs these terms & conditions.
A quotation by the Seller does not constitute an offer and the Seller reserves the right to withdraw or revise the same at time prior to the Seller’s acknowledgement of an order.
Any quotation is valid for a period of 30 days only from its date provided that the Seller has not previously withdrawn it.
2.4 All options will be explored for the best and most appropriate fitting of the blinds in line with health & safety. Options explored will be done according to the knowlege of the member of staff.
2.5 The member of staff measuring for the Goods may or may not discuss the measurements with the customer. The customer may ask the member of staff measuring how the Goods will fit and the reason for it.
2.6 The size of the Goods measured at the time of the quotation are final. Once the quote has been agreed, these sizes will also have been agreed and cannot be altered or cancelled after the agreement.
The Seller will endeavour to deliver the goods to be supplied under the contwithin the estimated time given. All lead times are estimates only and not guaranteed and in no circumstances will the Seller be liable for loss, compensation or damages of any kind whatsoever caused directly or indirectly by any delay in the delivery of the Goods.
The Seller may make delivery and install the Goods in instalments.
No claim for damage will be considered unless the Seller is advised in writing within 21 days of the date of the installation of the purchased products.
In the event of failure by the Buyer to give appropriate notice, the Buyers’ claim will be deemed to have been waived and will be absolutely barred.
3.5 The Buyer must accept all Goods as measured at the time of quotation.
3.6 Where the Buyer is not satisfied with the Goods, the Buyer can make a new purchase on a new order to replace these Goods.
3.7 Where the Goods have been mis-measured, faulty in design, build or operation, damaged either by a member of staff, in carraiage or by the manufacturer, the Goods will be replaced by Clitheroe Blinds. Orders cannot be cancelled in the occurence of any of these events. Orders will not be discounted in the occurence of any of these events unless the decided by the management.
3.8 Where the Goods have been mis-measured, faulty in design, build or operation, damaged either by a member of staff, in carraiage or by the manufacturer, the Goods will be replaced within a reasonable time scale. I.e the lead time of the product from the manufacturer plus 2 weeks to arrange an appointment for fitting.
4. Guarantee and exclusion clauses
Where the Seller is not the manufacturer of the Goods the Seller will endeavour to transfer to the Buyer the benefit of any warranty or guarantee given by the manufacturer.
In respect of all Goods manufactured by the Seller the Seller will honour the printed warranties relating to those goods and a copy of the warranty relating to the Goods is attached to these conditions and is available on request. In respect of other goods where there are no printed warranties the Seller will free of charge within a period of 12 months from the date of installation, repair or at it’s option replace any Goods which are proved to the reasonable satisfaction of the Seller to be defective in material or workmanship provided that this obligation will not apply where:-
the Goods have been altered in any way whatsoever or have been subjected to misuse or unauthorised repair; or
the Goods have been improperly installed (unless the Seller carried out such installation and connection); or
the Buyer has failed to observe any maintenance requirements relating to the Goods
Any Goods replaced will belong to the Seller. Any repair or replacement Goods will be guaranteed on these terms for the unexpired portion of the twelve month period.
Save as provided in clause 5 the seller will be under no liability under the contract of any injury, death, loss or damage of any kind whatsoever (other than death or personal injury resulting from the seller’s negligence) whether consequential or otherwise including but not limited to loss of profits and the seller hereby excludes all conditions, warranties and stipulations express or implied, statuary, customary or otherwise which but for such exclusion would or might subsist in favour of the buyer except that
Such exclusion will not apply to:-
any implied condition that the seller has or will have the right to sell the goods when the property is to pass; or
when the buyer deals as a consumer (as defined in section 12 of the unfair contract terms act 1977), any implied term relating to the conformity of the goods with their description or sample or as to the quality or fitness for a particular purpose.
in no circumstances will the seller or it’s employees, agents or sub-contractors be liable for any loss or damage of any kind whatsoever (other than death or personal injury resulting from the seller’s negligence) whether consequential or otherwise caused directly or indirectly by any negligence or other tortuous act or breach of statuary duty on the part of the seller or on the part of any of it’s employees, agents or sub-contractors in connection with or arising out of the manufacture or supply of the goods or in connection with any statement given or made (or advice not given or made) by or on behalf of the seller.
6. Property in goods
The property (both legal and equitable) in the Goods shall not pass to the Buyer until
The purchase price of the Goods has been paid in full; and
Payment to the Seller of any sum which is at the date of the contract or may thereafter become due or owing from the Buyer to the Seller.
Nothing in the contract will constitute the Buyer the agent or the Seller in respect of any re-sale of the Goods by the Buyer so as to confer upon a third party rights against the Seller.
The contract price is based on the costs of materials, labour, sub-contracts, transport, taxes and duties and ruling at the date of the quotation. The Seller reserves the right to amend the contract price to take account of any variations in these costs or the imposition of any new taxes or duties occurring from whatever cause before the Buyer has accepted a quotation.
The Seller’s usual terms require a deposit of 50% of order value at the time of order with the balance payable on the date of installation. Different terms may be imposed to any Buyer at the sole discretion of the Seller:
Where no account has been agreed by the Seller the Goods will not be delivered until the Seller is paid the amount shown on the pro-forma invoice relating to the Goods.
Where an account has been agreed the Seller may at its absolute discretion set and alter the Buyer’s credit limit and the Seller reserves the right not to deliver the Goods if the price thereof increases the amount owed by the Buyer to the Seller beyond the Buyer’s credit limit.
When an account has been agreed and the price of the Goods together with all other indebtedness of the Buyer to the Seller does not exceed the Buyer’s credit limit the price will become payable upon delivery and payment will be made by the Buyer within 30 days of the date of the Seller’s invoice otherwise agreed in writing.
8.2 For all made to measure goods, the remaining payment after the first deposit payment, must be paid for within 7 days after the installation of blinds.
Notwithstanding any Contract Term allowing the Buyer credit payment shall become due and payable to the Seller immediately upon the termination of the contract.
Where the Buyer makes default under the contract or any other contract with the Seller in payment on the due date of any sum to the Seller, the Seller without liability may postpone any delivery or may cancel the contract or any other contract between the Seller and the Buyer but without prejudice to any right or remedy which the Seller may have against the Buyer in respect of such default.
The Seller will be entitled to payment for all instalments of Goods delivered to the Buyer whether under a blanket order or otherwise.
The Seller shall at any time be entitled to appropriate any payment made by the Buyer in respect of any Goods in settlement of such invoices or accounts in respect of such goods as the Seller may in its absolute discretion think fit notwithstanding any purported appropriation to the contrary by the Buyer.
9.1 The Seller will (without prejudice to any other remedy available to it) have in respect of all unpaid debts due from the Buyer a general lien on all goods (whether or not the property of the Buyer) in the possession of the Seller for whatever purpose and whether worked upon or not and be entitled upon the expiration of not less than 14 days notice in writing to the Buyer to dispose of such property and to apply the proceeds towards the satisfaction of such debts.
If the Buyer cancels, extends or delays or purports to cancel, extend or delay the Contract, or part thereof, or fails to take delivery of any Goods at the time period of 24 hours or if no time is agreed within a reasonable time, then the Buyer will be liable (without prejudice to any other rights of the Seller to claim damages) to indemnify and keep indemnified the Seller against any resulting loss, damage or expense incurred by the Seller in connection with the supply or non-supply of the Goods including the cost of any material, plant or tools used or intended to be used therefor and the cost of labour and other overheads including a percentage in respect of profit.
If the Seller is unable (whether temporarily or permanently) to procure any services or goods necessary to enable it to supply the Goods or if the supply of the Goods is prevented or hindered by reason of any cause beyond the Seller’s reasonable control which for the avoidance of doubt and without prejudice to the generality of the foregoing shall include governmental action, war, riot, commotion, fire, flood, epidemic, labour disputes including labour disputes involving the work force or any part thereof of the Seller, restraints or delays affecting shipping or carriers, currency restrictions and Act of God, the Seller may cancel or suspend the contract by notice in writing to the Buyer so far as it relates to Goods not then supplied or work not then done or extend the time of its performance by a period equivalent to that during which performance by the Seller has been prevented by the circumstances hereinbefore referred to, in the case of any cancellation, suspension or extension by the Seller this will not give rise to any claims by the Buyer provided that the Buyer shall remain liable to pay for Goods delivered prior to the date of such cancellation.
11.1 If the Buyer fails to take delivery of the Goods when they are ready for delivery the Seller may, at its option, either store them itself or have them stored by third parties on such terms as the Seller may in its absolute discretion think fit. In any event the cost of storage will be borne by the Buyer and insofar as the storage is done by the Seller then such cost will be the Seller’s storage charges current at the time of storage. The cost together with any additional insurance or double handling charges will be added to and form part of the price for the Goods.
11.2 The seller will not be liable for any damage or theft of the Goods in storage in the case of the buyer failing to take delivery of the goods.
12. Right of re-sale
12.1 If the Buyer defaults in accepting delivery of or paying for the Goods, the Seller reserves the right to re-sell the Goods or any of them to a third-party without giving notice to the Buyer of the Seller’s intention to re-sell.
13.1 The Buyer will have no right of set-off, statutory or otherwise.
The Contract will terminate immediately upon the happening of any one or more of the following, namely, that the Buyer has had a bankruptcy order made against him or has made an arrangement of composition with his creditors or otherwise taken the benefit of any Act for the time being in force for the relief of insolvent debtors or (being a body corporate) has had convened a meeting of creditors (whether formal or informal) or has entered into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver manager administrator or administrative receiver appointed of its undertaking or any part thereof or a resolution has been passed or a petition presented to any Court for the winding-up of the Buyer or for the granting of an administrative order in respect of the Buyer or any proceedings have been commenced relating to the insolvency or possible insolvency of the Buyer.
The contract will terminate immediately upon service of written notice of termination by the Seller on the Buyer on the happening of any one or more of the following, namely that the Buyer has suffered or allowed any execution whether legal or equitable to be levied on his/its property or obtained against him/it or has failed to observe or perform any of its obligations or duties under the contract or any other contract between the Seller and the Buyer or is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Buyer has ceased to trade.
The Seller’s rights contained in the clause headed “Property in the Goods” (but not the Buyer’s rights) shall continue beyond the discharge of the parties primary obligations under the contract consequent upon its termination.
The termination of the contract howsoever arising will be without prejudice to the rights and duties of either party accrued prior to termination.
The Seller will be entitled to assign sub-contract or sub-let the contract or any part thereof.
Failure by the Seller to enforce any of the Contract Terms will not be construed as a waiver of any of its rights hereunder.
In relation to all obligations of the Buyer under the contract the time of performance is of the essence.
The legal construction of these clauses shall not be affected by their headings which are for convenience or reference only.
16. English Law
16.1 The formation, interpretation and operation of the contract will be subject to English Law and the Buyer submits himself to the non-exclusive jurisdiction of the English Courts.