TERMS AND CONDITIONS
[Terms & Conditions of Sale of Goods]
These conditions apply to all contracts between the Seller ("The Seller" shall mean Eurox UK T/A Future Garments Limited and its associated trading divisions) and the Buyer referred to in the order and overrides all conditions stipulated by the Buyer (even if submitted in a later document); any other agreements between the parties relating to the subject matter of this order are terminated (except an agreement into which these conditions can be incorporated).
No variation of these conditions is permitted unless agreed in writing by an authorised employee of the Seller.
The price to be paid for the goods will be the Seller's price at the date when the goods are despatched or the services are provided. Carriage if applicable will be charged at the prevailing rate.
Payment for the goods or services must be 30 days end of month following invoice, unless otherwise stated on the invoice.
The Seller reserves the right to charge interest on overdue sums at the rate of 8% per annum above the Base Rate for the time being of HSBC Bank calculated on a daily basis from the due date of payment in Clause 3.1 until the date upon which payment is made.
The Seller may at any time require the Buyer to make payment in advance of delivery or require security for payment.
If the Buyer fails to make payment by the due date or when required, the Seller may (without prejudice to any other remedy which it may have) cancel this contract and/or any other contract between the Buyer and the Seller and/or suspend delivery under this or any other contract until payment is made.
Delivery dates are approximate only and the Seller shall not be responsible for any loss or damage arising from any delay in delivering all or part of, any goods ordered or delay in the provision of any services.
Without prejudice to Clause 4.1, the Seller will not be liable for any delay in delivery or non-delivery of goods or services or any other breach of these conditions caused by any circumstances beyond the Seller�s control including without limitation, any Act of God, explosion, fire, flood, war, hostilities, accident, delay in delivery or non-delivery by the Seller�s suppliers, breakdowns or accidents to machinery, labour strike or dispute, order or decree of any court or action of any governmental authority, or any other circumstances beyond the Seller�s control; on the occurrence of any of the above events the Seller reserves the right to cancel or suspend the whole or part of any delivery.
[Risk, Property & Retention of Title]
Goods supplied to the Buyer will remain the property of the Seller until full payment in cash or cleared funds has been received by the Seller for those goods and for all other goods delivered or services supplied by the Seller to the Buyer in respect of which payment is outstanding.
Until title to the goods passes to the Buyer by way of payment:
*The Buyer will hold those goods as the Seller�s Bailee.
*The Buyer will protect, store and identify the goods by reasonable means so that they can be recognised as the property of the Seller.
*The Buyer may use the goods or sell them in the ordinary course of its business.
If the Buyer is in breach of any of its obligations to the seller, or the order or the contract for the supply of goods is cancelled or capable of being cancelled under Clause 8 below, and provided the goods are still in existence and have not been resold, the Seller may (a) by notice to the Buyer require redelivery to it of the goods; and/or (b) with or without previous notice, retake possession of the goods and sell the goods. For the purpose of this clause the
Buyer irrevocably authorises the Seller�s representatives to enter the premises on which the goods are situated and remove the goods at the Buyer�s expense.
Risk in all goods supplied to the Buyer will pass to the Buyer upon delivery.
If the goods or any of them are damaged or lost while in the custody of a carrier, the Seller will (at its option) either replace such goods or refund to the Buyer the cost or price of them, but the Seller�s liability in connection with any such goods will not exceed the cost of replacement of them or the price paid by the Buyer for them.
The Seller will not be under any liability under 6.1 above unless the following conditions are strictly complied with:
In the event of non-delivery of a whole consignment of goods the Buyer must inform the Seller in writing within seven days of the date of the invoice.
In the case of damage to goods or loss of part of a consignment, the consignment must be inspected in the presence of the carrier. If any goods are damaged or lost the consignment note must be endorsed accordingly and the Buyer must notify the Seller within forty eight hours of delivery, such notification to be confirmed in writing within the following five days.
[Liabilities and Warranties]
Nothing in this clause will be deemed to exclude or restrict the Seller�s liability for death or personal injury resulting from the Seller�s negligence.
If any of the goods supplied or processed or any services supplied or provided by or on behalf of the Seller prove on inspection to be defective in material or workmanship, the Seller will (at its option) replace the same or refund to the Buyer the price of the goods or services.
The Buyer will determine the suitability of the goods for its intended use and will not rely upon any representations, not made by or on behalf of the Seller.
The Seller will not be liable for any consequential or indirect loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever suffered by the Buyer whether this loss or damage arises from a breach of duty, in contract or in tort or in any other way (including loss or damage arising from the Seller�s negligence).
Except as set out in these conditions, all warranties and conditions, whether express or implied, statutory or otherwise are excluded to the fullest extent permissible at law.
If there is appointed a Receiver, Administrator or Administrative Receiver of the Buyer�s property or assets or any part of them, or a court order is made or a resolution is passed for the winding-up of the Buyer (except for the purpose of amalgamation or reconstruction) or if the Buyer commits any act of bankruptcy petition is presented against the Buyer (or any analogous proceedings under the law of any country outside the United Kingdom are commenced), the
Seller may by notice in writing to the Buyer cancel all orders and contracts between the Seller and the Buyer or any part of the remaining unfulfilled.
All contracts between the Seller and the Buyer where the goods are shipped to or services are provided in the Republic of Ireland shall be governed and construed in accordance with the Laws of the Republic of Ireland, and the Buyer agrees to submit to the jurisdiction of the Courts of Law in the Republic of Ireland in respect of them.
Except as provided above, all contracts, between the Seller and the Buyer shall be governed and construed in accordance with the Laws of England and the Buyer agrees to submit to jurisdiction of the Courts of Law in respect of them.
Colour reproductions of goods featured in our online catalogue and colour are as accurate as electronic process will allow and may vary slightly from those delivered. Unless specified on the contract, no guarantee is given or implied as to the quality, washing stability, colour � fastness, wearability, or making up quality of goods supplied, nor as to their fitness for any purpose expressed. The customer shall in no case be taken to have relied upon the skill or expertise of the company, or its agents.
Information, Literature and other contents on the website are in accordance and accurate at the point of print.
[Patents, Trademarks, etc.]
The company does not give, or imply any warranty that the goods sold do not infringe the patent right of a third party. If goods are manufactured to the customers design, or according to customers� instructions, the customer shall indemnify the company in respect of all claims, damages, costs and expenses in respect of any alleged infringement. On discovery of such infringement, the seller shall be at liberty to terminate the contract and receive payment of all the goods supplied, manufactured or allocated to the customer, even if not actually delivered to, or collected by the customer.
[License to use website]
Unless otherwise stated, Future Garments Limited and its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
*republish material from this website (including republication on another website);
*sell, rent or sub-license material from the website;
*show any material from the website in public;
*reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
*edit or otherwise modify any material on the website; or
*Redistribute material from this website, except for content specifically and expressly made available for redistribution
Future Garments Limited T/A EUROX reserve the right to amend the Terms and Conditions without giving prior notice.