Fireplace Scotland
625 Dumbarton Road
Glasgow
G11 6HY
Company Number 266220
VAT Number 845377400
1. Price
* The price of the Goods shall be the price listed in the price list of the seller current at the date of acceptance of the Buyer's order or such other price as may be agreed in writing by the Seller and the Buyer.
* Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are exclusive of the Seller's charges for packaging and transport.
* The price is exclusive of any applicable value-added tax excise, sales, or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.
2. Payment
* Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
* The Buyer shall pay the price of the Goods (without any other deduction credit or set-off) by the last day of the month following the date of the Seller's invoice or otherwise in accordance with such credit term as may have been agreed in writing between the Buyer and the Seller in respect of the Contract. Receipts for payment will be issued only upon request.
3. Delivery
* Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the United Kingdom specified in the Buyer's order or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.
* The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.
4. Non-Delivery
* If the Seller fails to deliver the Goods or any of them on the Delivery Date other than for reasons outside the Seller's reasonable control or the Buyer's or its carrier's fault:-
* if the Seller delivers the Goods at any time thereafter the Seller shall have no liability in respect of such late delivery;
* if the Buyer gives written notice to the Seller within 10 Business Days after the Delivery Date and the Seller fails to deliver the Goods within 5 Business Days after receiving such notice the Buyer may cancel the order and the Seller's liability shall be limited to the excess (if any) of the cost of the Buyer (in the cheapest available market) of similar goods to those not delivered over the price of the Goods not delivered.
* Costs incurred to the seller for re-delivery of goods either to the buyer or due to no one being at the premises resulting in them being returned to the seller will be passed onto the buyer. This will either be carriage costs or restocking charges
5. Inspection/Shortage
* The Buyer is under a duty whenever possible to inspect the Goods on delivery or on collection as the case may be.
* Where the Goods cannot be examined the carriers note or such other note as appropriate shall be marked “not examined”.
* The Seller shall be under no liability for any damage or shortages that would be apparent on reasonable careful inspection if the terms of this clause are not complied with and, in any event, will be under no liability if a written complaint is not delivered to the Seller within 10 days of delivery detailing the alleged damage or shortage.
* Notification of damage or shortages must be received within 48hrs of receipt of goods. The seller cannot be held responsible for any delivery note signed for ‘in good condition’ which is then subsequently reported to have been damaged in transit.
* In all cases where defects or shortages have complained of the Seller shall be under no liability in respect thereof unless an opportunity to inspect the Goods is supplied to the Seller before any use is made thereof or any alteration or modification is made thereto by the Buyer.
* Subject to condition 5.3 and condition 5.4, the Seller shall make good any shortage in the Goods and where appropriate replace any goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage or damage.
6. Risk and Retention of Title
* Risk of damage to or loss of the Goods shall pass to the Buyer at:
* in the case of Goods to be delivered at the Seller's premises, the time when the Seller notifies the Buyer that the Goods are available for collection; or
* in the case of Goods to be delivered otherwise than at the Seller's premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
* Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the legal and beneficial title of all Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of all Goods.
* Until payment has been made to the Seller in accordance with these Conditions and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Seller and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Seller and shall insure the Goods against all reasonable risks.
* In the event that the Buyer sells or transfers the Goods to a third party before legal and beneficial title has passed to him under these Conditions, the proceeds of the sub-sale or transfer (or such proportion as is due to the Seller) shall be held by the Buyer on behalf of the Seller. The Buyer shall ensure that such moneys are held separately from, and are in no way mixed with any other moneys or funds and that all moneys held on the Seller’s behalf are identified as such.
* The Seller reserves the right to repossess any Goods in which the Seller retains title without notice. The Buyer irrevocably authorizes the Seller to enter the Buyer’s premises during normal business hours for the purpose of repossessing the Goods in which the Seller retains.
7. Defective Goods
* No Goods may be returned to the Seller without the prior agreement in writing of the Seller. Subject thereto any Goods returned which the Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Seller's sole discretion the Seller shall refund or credit to the Buyer the price of such defective Goods but the Seller shall have no further liability to the Buyer.
* The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration of the Goods without the Seller's approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.
* Any goods returned to the seller having a change of mind or returned back damaged (unless advised of damaged prior to return) will be charged a restocking fee.
* Any goods returned faultily and no fault is found or returned and the seller is unable to test them due to damage with be charges a restocking fee
* Restocking charges are as follows: 25% Restocking charge for single or multiple items returned,must be in original perfect condition and checked by Fireplace Scotland members of staff.
Fireplace Scotland reserve the right to charge up to 75% restocking charge for any and all bespoke items ordered and sized by customers, items must be in original perfect condition and checked by Fireplace Scotland members of staff.
8. Buyer's Default
* If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-
* cancel the order or suspend any further deliveries to the Buyer;
* appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
* charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of two percent per annum above National Westminster Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
* This condition applies if:-
* the Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or
* the Buyer becomes subject to an administration order or makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or
* an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
* the Buyer ceases, or threatens to cease, to carry on business; or
* the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9. Your privacy and personal information
* Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our “Privacy Policy”, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
10. Governing Law and Jurisdiction
The Contract shall be governed by the laws of Scotland and the parties agree to submit to the exclusive jurisdiction of the Scottish courts.