Terms & Conditions

CONDITIONS OF SALE

In these conditions "Seller" refers to D & J Simons & Sons Ltd and "Buyer" refers to the individual firm or company to whom a quotation is addressed or whose order is accepted by the Seller. These conditions shall apply in respect of all Contracts between the Seller and Buyer for the purchase of goods or services from the Seller. No other conditions are incorporated or implied into any Contract between the Buyer and the Seller unless expressly accepted in writing by the Seller.

1. APPLICATION OF CONDITIONS

All quotations, offers and tenders are made subject to the following conditions. Except as otherwise provided in these conditions, all other terms, conditions, representations or warranties are excluded from any Contract between the Seller and the Buyer unless expressly accepted in writing by the Seller.

2. RETENTION OF TITLE

3. PRIVACY POLICY

4. CREDIT CARD SECURITY

5. DISCLAIMER / LIABILITY

6. CREDIT TERMS

7. RETURNS POLICY

8. CLAIMS DELIVERIES

9. BACK ORDERS

10. PRICING GUIDE

11. COPYRIGHT NOTICE

12. GUARANTEE

13. IMAGES

Whilst every effort is made to produce the exact tones of the mouldings featured throughout this catalogue, graphic limitations can effect the illustrations shown. For actual moulding samples please contact us.

14. Trade Marks etc

All trade marks, registered or unregistered design rights, copyrights, confidential information such as colour schemes, knowhow and other intellectual property rights of any nature ("Intellectual Property") in all goods or services supplied by the Seller are owned by the Seller and/or its suppliers. The Seller reserves the right at any time to require Buyer forthwith to discontinue the use in any manner whatsoever any such trade marks or other Intellectual Property.

15. Variations

No variation to any Contract shall have effect unless signed in writing on behalf of the Seller by an Officer of the Seller.

16. Assignment

The Contract is between the Seller and the Buyer as principal and is not assignable without the consent of the Seller.

17. Termination

The Seller shall be entitled forthwith to terminate any Contract between it and the Buyer by written notice if the Buyer fails to pay any invoice in accordance with these conditions, where the control of the Buyer changes during the period of the Contract or where the Buyer commits any continuing or material breach of these conditions of sale or makes any composition with its creditors or suffers any distress or execution to be levied upon its assets or is wound up either compulsorily or voluntarily or suffers a receiver of any of its assets to be appointed or otherwise ceases or threatens to cease to carry on business.

18. Force Majeure

The Seller shall have the right to cancel or delay performance of the services or deliveries of the goods if it is prevented from or hindered in or delayed in manufacturing or delivering the goods or services or any part thereof through any circumstances beyond its reasonable control, including but not limited to war, riot, government requisitions of any kind, suspension or loss of means of transport, strikes, lock outs, labour disputes, fire, explosion, flood, accident, failure of any third party to supply the Seller, breakdown of machinery or anything directly or indirectly interfering with the goods or services (including but not limited to the price or supply of raw materials, services or any other goods relating to the contract) or the manufacture, supply, shipment, arrival or delivery of the goods. During any such period of cancellation, the Buyer shall have the right to purchase elsewhere at his own risk and cost such quantities of the goods or services as may be necessary.

19. Jurisdiction

The Contract shall be governed and interpreted according to the laws of England and shall be subject to the jurisdiction of the English Courts.

20. Rights of Third Parties

A person who is not a party to the Contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

21. Severability

If any of these terms, conditions, clauses or sub-clauses are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these terms and conditions, which will remain in full force and effect.

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