CONTRACT DIVISION Terms & Conditions
- No contractual obligation exists until an acceptance of an order has been issued. The vendor may revise or withdraw a quotation without incurring any liability.
- All Sales Contracts entered into by the Vendor are subject to these Terms & Conditions. There will be no variation to these Terms & Conditions unless agreed in writing by the Vendor.
- A delivery charge of £10 plus VAT will be made on orders under £250 (excluding VAT). Deliveries overseas (including offshore islands) and remote areas will be charged at cost.
- Expressed delivery dates are estimates. The Vendor shall not be liable for any damage as a result of delivery schedules not being met.
- There may be slight colour differences between the fabrics shown in the Vendor’s pattern book and the goods supplied. Samples cut from current stocks are available on request. If no sample has been requested prior to placing an order, the Buyer agrees to accept the colour variation.
- Slight colour variations can occur between fabric batches. Fabric should be examined for faults before cutting, make-up or further processing. No claim for liability can be accepted thereafter.
- Website images represent the goods they depict to a reasonable degree. Samples cut from current stocks are available on request. If no sample has been requested prior to placing an order, the Buyer agrees to accept any perceived variation in the goods.
- Where the quantity ordered is ≤ 30 metres the Vendor will despatch the exact meterage. Where the quantity ordered is ˃ 30 metres the Buyer will accept a delivery and invoice for a fabric quantity +/- 10% of that ordered.
- All claims must be made in writing within the following time limits:
- In the case of shortage or damage, 2 days from the receipt of goods. Damage in transit must be noted on the delivery document.
- In the case of non-delivery, 14 days from invoice date.
- Pavilion Textiles Ltd. does not offer a sale or return service. Faulty goods may be returned after prior approval and the issue of a return form by Pavilion Textiles Ltd.
- All goods are supplied on the condition that liability for any fault or defect in quality, condition, description or fitness for purpose, or any claim in connection therewith, is limited in amount to a sum not exceeding the purchase price of the particular goods.
- Prices are those in force at the time of acceptance of order. They may change thereafter without notice. VAT, new or increased taxes or duties will be charged at the rate in force on the day of despatch.
- The Buyer may be required to pay a non-refundable pre-production deposit for goods before an order is deemed to be accepted.
- Settlement terms on approved credit accounts are 30 days net from date of invoice. No settlement discounts are offered. Deliveries may be suspended if credit limits are exceeded.
- The Buyer will be invoiced for goods on or after the day of despatch whether the goods are the whole or part order.
- Payment of invoices by the Buyer will be made without deduction for counterclaim, set-off or discount.
- If the Buyer defaults on any payment the Vendor shall be entitled to suspend or cancel any contract with the Buyer for undelivered goods.
- Pavilion Textiles Ltd. reserves the right to charge interest on overdue accounts at the rate of 3% above Lloyds Bank base rate.
- Pavilion Textiles Ltd. remains the owner of all goods it has supplied until full payment has been made of the total outstanding account. However, risk in the goods passes at the point of acceptance of the delivery.
- Until the total outstanding account has been settled, the Buyer is the Vendor’s bailee with fiduciary responsibility over the goods.
- As bailee, the Buyer is entitled to sell or further process the goods in the normal course of the Buyer’s business.
- The goods are to be stored separately from other goods so that they can be easily identified.
- The Buyer agrees to maintain identifying marks present on the goods at the point of delivery.
- The Buyer grants the Vendor irrevocable licence to enter any premises where the Vendor’s
goods may be stored in order to recover the goods in the event that:
- Payment is overdue
- The Buyer encumbrances any of the goods
- A bankruptcy order is made against the Buyer
- A petition is presented to court for the winding up of the Buyer
- A petition is presented to court to place the Buyer in administration
- Proceedings commence relating to the insolvency of the Buyer
- Deliveries may be discontinued or suspended without prior notice due to exceptional circumstances and in the event of an epidemic/pandemic.
- Pavilion Textiles Ltd. will not be liable for any loss consequent on its not performing any part of a contract.
- Any dispute or claim arising from the Terms and Conditions above will be governed by English Law in the exclusive jurisdiction of the English Courts.
Delivery & Inspection
Title & Risk