Terms and Conditions

1. Interpretation
In these Conditions:
'Buyer' means the person who accepts a quotation for the sale of the Goods, or whose order for the Goods is accepted by the Seller.
'Goods' means the goods that the Seller is to supply in accordance with these Terms and
Conditions of Sale.
'Seller' means Acanthus Ltd

2. Basis of Sale
All orders are accepted on the following conditions unless expressly varied or amended by the Seller in writing.
Any stipulations or conditions contained in the Buyer's order form which would conflict with any of these terms and conditions or in any way qualify or negate the same shall be deemed to be inapplicable to any order placed with the Seller, unless expressly agreed to by the Seller in writing when acknowledging the order in question.
A quotation for the sale of the Goods shall remain open for acceptance by the Buyer up to within twenty eight days of the date appearing thereon. Any typographical, clerical or other error or omission in any sales literature, price list, quotation, order acknowledgement, invoice or other information document issued by the Seller shall be subject to correction by the Seller without any liability on the part of the Seller,
Each and every statement made by the Seller concerning the Goods is a statement of opinion and is not intended as a representation of fact. Any advice or recommendation given by the Seller to the Buyer as to the Goods which is not confirmed in writing by the Seller is acted upon or followed entirely at the Buyer's own risk and the Seller shall not be liable for any such advice or recommendation.

3. Orders
All orders are accepted by the Seller subject to the materials or the Goods ordered being available when required in the quantities needed.
No order shall be deemed to be accepted by the Seller unless and until confirmed in writing by way of an order acknowledgement or otherwise. The only Goods or work included in a quotation are those specifically referred to and it shall be assumed that before placing an order the Buyer has checked, approved and accepted the quotation Including specifications, descriptions, model and all measurements wherever applicable.
Any amendment to an order accepted by the Seller or cancellation thereof is subject to the written agreement of the Seller and on terms that the Buyer shall pay the Seller's administrative or cancellation charges and any costs relating to loss of profit, labour and materials used, and indemnify the Seller against loss or damages incurred by the Seller as a result of cancellation.

4. Cancellation
No cancellation or postponement of any order can be accepted unless agreed to in writing by the Seller and on terms that the Buyer shall pay the Seller's administrative or cancellation charges and any costs relating to loss of profit, labour and materials used, and indemnify the Seller against loss or damages incurred by the Seller as a result of cancellation,
Goods shall not be returned without the Seller's prior agreement.

5. Price
The price of the Goods shall be that listed in the Seller's published price list current at the date of acceptance of the order, or the Seller's quoted price. The Seller reserves the right, after notice at any time before delivery, to increase the price of the Goods to meet any increase in cost to the Seller due to any significant increase in the costs of labour, materials or other manufacturing costs, any foreign exchange fluctuation or any delay caused by the Buyers instructions or inadequate information provided by the Buyer.
The price of the Goods in any price list of the Seller, or quotation provided by the Seller is on an ex-works basis. Where the Seller agrees to deliver the Goods, the delivery price shall include for transport, packaging and insurance and be to the nearest kerbside.
Placement or erection is NOT included unless previously agreed in writing.
The Buyer shall provide additional labour for unloading if required- The delivery price is for delivery on normal working days during normal working hours. All deliveries made at the Buyer's request on Public Holidays, Sundays or Saturday afternoons or at any other time outside normal working hours will be subject to an extra charge. It is the responsibility of the Buyer to make available personnel to receive and confirm deliveries made during and outside working hours. When deliveries are made and no personnel are available to confirm receipt, delivery will be made at the entire risk of the Buyer.
The price of the Goods is exclusive of any applicable valued added tax, which shall be additional and the Buyer will be liable to pay to the Seller.

6. Payment
Unless otherwise agreed in writing by the Seller, payment for the Goods must be made to me Seller prior to dispatch or collection of the Goods. If credit terms are agreed, invoices are
payable within 30 days of the invoice date and whether or not further deliveries are still to be made. In default of due payment, the Buyer will also be liable to pay interest at 2 over National Westminster Bank PLC current base rate.
Where the Buyer is in arrears with payments already due, the Seller reserves the right to delay or cancel further deliveries at the Seller's discretion, without any liability to the Buyer on the Seller's part whatsoever and regardless of when such further deliveries were ordered. The Seller reserves the right to refuse to execute any order if the arrangements for payment or the Buyer's credit are not satisfactory to the Seller and to suspend or discontinue delivery of any goods or materials to any Buyer whose account is overdue for payment.
Payment In respect of export orders shall be made in advance and cleared funds must be in the possession of the Seller prior to dispatch or collection of the Goods.

7. Delivery
Delivery dates quoted are approximate only and the Seller shall not be liable for any delay in the delivery of the Goods howsoever caused. Where the Goods are delivered by instalments, the Buyer will not be entitled to treat the late delivery or non delivery of any one instalment as a repudiation of the contract as a whole.
The Seller reserves the right to deliver the Goods in instalment without any adjustment in
the price.
If the Buyer fails to give delivery instructions to take delivery of the Goods within 14 days of it being notified Goods are ready for delivery, the Seller shall (without prejudice to any other rights or remedies available to it) be entitled to store the Goods at a convenient place at the Buyer's expense. If the Buyer fails to accept delivery of the Goods for a period of three months, the Seller may sell the Goods at the best obtainable price and after deduction of all costs relating to storage, transport, packing and unpacking, charge the Buyer for any shortfall below the agreed price in the contract.
The delivery of the Goods shall be to the nearest kerbside and the Buyer agrees to provide at his expense additional labour for the assistance of the Seller's driver or its carriers in off-loading the Goods.
The Seller does not undertake to deliver any load over roads or other ground which the drivers of the Seller or its Carriers consider to be unsuitable. If a vehicle of the Seller or its Carriers used in the performing of the Contract with the Buyer delivers a load to a place situated off a public road, the Buyer is to be solely responsible for any accident or damage resulting in consequence.
When a Seller's vehicle or its Carriers vehicle delivers the Goods to a Buyer's premises or site, the Buyer is to ensure that the vehicle is unloaded with all reasonable despatch. If a vehicle is detained for an unreasonable period, the Seller reserves the right to make an extra charge.

8. Risk and Ownership
The Goods shall remain the property of the Seller until the Seller has received in cash or cleared funds payment in full of the price of the Goods, Where arrangements have been made for the sale price to be paid after delivery then the Buyer shall be responsible for and shall indemnify the Seller against all loss or damage to the Goods from whatsoever cause occurring.
The risk in the Goods shall pass to the Buyer at the time of delivery, which in the case where the Goods are to be collected from the Seller's premises shall be the time when the Seller notifies the Buyer that the Goods are available for collection.
Until such time as the property in the Goods passes to the Buyer, the Seller shall expect the Buyer to hold the Goods as bailee for the Seller and store, protect and insure the Goods separately from the Buyer's other goods. The Seller during this period has the right to enter upon any premises of the Buyer or any third party where the Goods are situated and repossess the Goods.

9. Liability
No complaint of any kind can be entertained (except in special circumstances justifying delay) unless it is made in writing within twenty four hours after the time of supply of the Goods of which complaint is made. Although the Seller makes every effort to supply the Goods strictly in accord with the quality or specifications agreed to supply the Goods strictly in accord with the quality or specifications agreed in writing with the Buyer or as described in the Selter's Brochure or Catalogue, if any of the Goods supplied by the Seller should be defective or not of correct quality or specification ordered, the liability of the Seller shall be limited to free replacement of the goods shown to be unsatisfactory. The Seller shall not under any circumstances be liable for any consequential loss or damage caused or arising by reason of late supply or any fault, failure or defect in the Goods supplied or by reason of the same not being of the quality or specification ordered, or by reason of any other matter whatsoever. It is the Buyer's sole responsibility to satisfy itself as to the specification of items ordered, their description, suitability for any purpose, performance, or acceptability or approval by any third party.
The Seller can accept no responsibility for failure to supply or delay in supplying any materials or goods which may be due directly or indirectly to any act of God or force majure, or-any war in which Her Majesty is engaged, invasion, riot, civil commotion, military or usurped power, any legislation, Government Order, Regulation or Direction, any strike or lock-out, any fire, accident, breakdown in machinery, any shortages of labour, raw materials, equipment or spare parts affecting the production or transit of such materials or goods or any cause or circumstances beyond the Seller's control or any abnormal conditions arising from any of the foregoing causes.
The Seller reserves the right to alter any ornament or part of a whole composite design of an ornament at any time. The Seller reserves the right to withdraw any ornament or part thereof from sale.

10. Safety
The Buyer shall have sole responsibility for the erection and installation of the Goods,
The Buyer undertakes that he will ensure compliance with any instructions where provided by the Seller for the purpose of ensuring a safe proper installation of the Goods.

11. General
In the event that an order from the Buyer results in the Seller having to produce a special mould for the manufacture of the goods, then the Seller reserves the right to charge for the costs incurred and may require the Buyer to pay such costs upon acceptance of the order.
The Contract shall in all respects be construed and operate as an English Contract and in conformity with English Law.

Acanthus
Wimsey Way, Somercotes. Derbyshire DE55 4LS
Tel: 01773 540707
Fax: 01773 540727