1. Definitions:
"The Company" means Wall Effects Limited 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, design, labour 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, email, 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) Prices quoted may be in either Sterling or Euros. The actual currency will be clearly stated on the Quotation.
(c) On acceptance of a quotation from the Company, the Buyer will pay a non-refundable deposit of 40% of the quotation price.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.
(f) If any situation or circumstance arises which causes the Buyer to delay payment of the Company's invoice shall be notified to the Company in writing immediately and no later than 7 days after the buyer becomes aware of it.
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 identifiable due to the exclusive nature of the products.(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.
(c) 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.
(d) 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 2 days of supply and confirmed in writing within 7 days. Any alleged damages shall be photographed by the Buyer and should accompany the written notification.
(e) 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.
7. Storage, Handling and Installation
(a) The Company will not be held liable for any damage or loss of goods stored on the Buyers premises (Or site, as per quotation) Replacement product will be invoiced as extra to the agreed quotation amount.
(b) The Purchaser shall ensure that all electrical, plumbing or other hazardous conduits are clearly marked before installation takes place. The Company will not be held responsible for any damage or claim for damages caused by the installation process.
(c) All environmental conditions required for the installation of the product shall be specified in the Technical Data supplied in the Quotation.
8. Alterations and Cancellations
(a) Any error resulting from alterations or instructions from the Buyer outside that already agreed in the Quotation will be at the Buyers responsibility.
(b) Any request for alterations, changes in colour or any other amendment outside the Quotation should be done in writing & by Fax to the Company. The Company will provide a further quotation to cover the alterations or amendments.
(c) 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 or installation 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 product only sale from the company will be backed by a product only replacement guarantee. No claims for labour will be entertained. In the event of a product not being paid for in full a product replacement guarantee will not apply.
(d) Any claims whatsoever to the extent that the total amount thereof exceeds more than twice the total original price of the goods under this contract.
10. Buyers responsibility:
(a) It is the buyer's responsibility to ensure that any colour samples provided by The Company are suitable to the area to which the product is to be applied. This should include Natural & artificial lighting conditions. The Company will not be responsible for any local environmental lighting changes which may affect the appearance of the product once it is applied.
(b) As most products are natural always try a test area to ensure you get the desired end result. If in doubt try various tests.
11. Copyright:
Copyright, intellectual or otherwise, on all Walleffects Logo's & Colours, artwork & design work 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.
12: Samples:
All samples & Marketing material 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. Walleffects reserve the right to request samples are returned. Bespoke samples may be subject to extra charges.
13. 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.
14. GeneralAll information on the Walleffects website was created to help with general specifications and help in using the products. We have taken a great deal of care when
creating this but can not guarantee that all information is correct.
No responsibility will be taken for any actions taken as a result of this advice.
Walleffects will not be responsible for any claims or libel actions taken as a result of the web site content.
Walleffects own the copyright to all the content on this website and do not allow any part to be copied or modified.
All images belong to Walleffects or they have permission to use them, no copies of images are to be taken without written permission of the company.
Any text or images taken or copied in any way with out permission will be libel to legal proceedings being taken. 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 to the terms and conditions only
in so far as theyare consistent with their statutory rights.