T: 01937 589 188 E: sales@smart-trading.co.uk

Terms & Conditions

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CONDITIONS OF SALE

1. Definitions
“The Company” means Smart Trading Eu Ltd and /or its subsidiaries or associated companies.
”The Purchaser” and “The Buyer” means the other party in any quotation/contract placing an Order with The Company.
“The Goods” shall mean all the articles, products and materials supplied or otherwise dealt in by the Company. Including the provision of any other service which the Company has agreed to provide to the Buyer.

2. General
All purchase Orders (Orders) are subject to these terms and conditions of sale (Conditions). The placing of an Order, either verbally, in writing or by the placement of a deposit, by the Buyer shall be considered an acceptance of these conditions. The conditions may not be modified or varied unless the Company agrees in writing and the Company shall not be deemed to have accepted any other conditions contained in any Order or any other
communication from the Buyer.

3. Prices and Invoicing
(a) Goods will be invoiced at prices ruling on the date of supply.
(b) All prices quoted are in Sterling unless otherwise stated. Quotations may or may not include VAT However this will be clearly noted on the quotation. VAT, where appropriate, will be charged at the rate ruling on the date of supply.
(c) Prices quoted on acceptance of order are liable to amendment prior to delivery to meet any variations in current published prices or costs, subject to any written agreement to the contrary.
(d) Written price quotations are only valid for a period of 28 days from the date appearing on the quotation.
(e) The Company requires a Deposit to be paid before work commences. The deposit will be dependent on the value of the Order and will be
specified on the Company quotation.

4. Payment Terms
(a) Credit accounts are due for payment 30 days from date of Invoice.
(b) Should the buyer default on their payment terms, The Company reserve the right to cancel or suspend any future deliveries without prejudice to our right of payment of the outstanding debt.
(c) In accordance with late payment legislation, we reserve the right to charge interest at 8% above Bank base rate on overdue accounts, together with any costs associated with recovery of the outstanding debt. Where applicable, the Company shall charge Interest & costs under The Late Payment of Commercial Debts (Interest) Act. These amounts shall be calculated using the calculator on www.payontime.co.uk
(d) Nothing herein shall confer any rights to return the goods to the company. (e) Where an Invoice remains unpaid by the Buyer, the Company will not be liable for any previous Warranty or Guarantee already given for the goods or product relating to the Invoice.

5. Retention of Title
(a) The Company applies an ‘All Monies’ Retention of Title. Goods supplied by the company shall remain the sole and absolute property of the company until such time as payment of all sums due to the company has been made, although the risk in the goods passes to the buyer on delivery.
(b) The Goods are identiable by the Smart Trading Eu Ltd copyright mark and other identifying marks normally found on the reverse side of the goods.
(c) The company may recover the goods at any time from the buyer and for such purpose the company and its servants or agents may enter into any land or building upon which the goods are situated.
(d) If the purchaser incorporates the goods into other products (with the addition of his goods or those of others) or uses the goods as material for other products (with or without such addition) the property in those other products is upon such incorporation or use transferred to the company and the purchaser will store the same for the company in a proper manner without charge.
(e) In the event of the purchaser who has contracted to buy goods from the company purporting to sell the whole or any part of such goods to a third party, the purchaser shall be accountable to the company as agents for any sums received by the purchaser from the third party in respect of the whole or any part of the goods.

6. Delivery, Transit Risks and Breakage
(a) The Company will use all reasonable endeavors to keep to agreed
Delivery dates which are quoted on the basis of existing commitments,but will not be liable for delay however caused. The time of delivery shall not be of the essence. The company may deliver or complete any order in stages or installments.
(b) No guarantee of any kind is given as to the time and dates of delivery.
(c) No claim in respect of any failure or lateness of delivery will be entertained or payable by the company.
(d) All goods must be examined either on receipt or as soon as possible thereafter and any damage, short delivery or any other discrepancy must be notified to us within 3 days of supply and confirmed in writing within 7 days. With Digital Photographic evidence of any damage.
(e) Failure to comply with our damage, loss, or non-delivery procedures will prevent the customer from recovering the costs of same.
(f) In the event of any delay to completion of work, or temporary cessation of work for reasons due to the Buyer. The Company reserves the right to charge an Interim invoice for materials & Labour used.

8. Alterations and Cancellations
(a) Any error resulting from alterations received other than by fax, e-mail or post shall be the buyer’s responsibility.
(b) Cancellations or alterations, if for any reason other than default or negligence on the part of the company, may incur cancellation charges or additional costs if manufacture has commenced.

9. Limitations of Liability
The Company will not be under any liability in respect of or in connection with:
(a) Defects in the goods that should reasonably have been discovered by the buyer on inspection or test prior to acceptance.
(b) Any claim under or in connection with this contract to the extent that it relates to loss or damage which is not directly or immediately consequent upon the matter complained of.
(c) Any claims whatsoever to the extent that the total amount thereof
exceeds more than the total price of the goods under this contract.

10. Copyright
Copyright, intellectual or otherwise on all artwork supplied by the
Company, remains the sole property of the Company. Artwork may not be reproduced or copied in any way without the permission of the Company.

11. Samples
All samples supplied by the Company remain the property of the Company. The delivery and installation of samples does not imply in any way that they will be free of charge.

12. Governing Law
This contract is made and shall be governed according to the laws of
Northern Ireland and the parties shall submit to the exclusive jurisdiction of the Northern Ireland Courts.

13. General
The above terms and conditions are intended to apply to business
transactions and shall not in any way prejudice the statutory rights of a consumer who shall be bound their terms and conditions only in so far as they are consistent with their statutory rights.