Terms & Conditions
1. Definitions 1.1 “The Company” means Art Collector Ltd 1.2 “The Buyer” means the individual or individuals or un-incorporated body (including subsidiary or associated company as defined in the Companies Act 1985) with whom the company contracts to supply goods subject to these conditions. 1.3 “The Goods” means the products agreed to be supplied or actually supplied to the Buyer subject to these conditions. 1.4 “The Contract” means the contract made between the Company and the Buyer subject to these conditions. 1.5 Where the context so admits the singular includes the plural and the masculine gender includes the feminine and neuter genders.
2. Prevalence 2.1 These conditions shall prevail over and supersede any inconsistent terms or conditions in or referred to in the Buyer’s order or any other correspondence or elsewhere. The Buyer hereby agrees to be bound by these conditions and no addition to or variation or exclusion (including by any statements contained in any brochure, catalogues or other documents) or any terms herein shall be effective unless agreed in writing and signed by a director of the Company.
3. Payment 3.1 Accounts are due and become payable on the date of the Company’s invoice, unless the Company varies this in accordance with Clause 2 above. 3.2 Interest on overdue accounts will be claimed under the Late Payment of Commercial Debts (interest) Act 1998. 3.3 Claims for shortage or non-delivery must be made to the Company in writing within five days of delivery or notified date of delivery, otherwise the delivery will be taken to be complete. 3.4 The Company reserves the right to use a credit reference agency to assess the credit worthiness of the existing or potential Buyer and to keep such data, to which the Buyer gives his consent under the provisions of the Data Protection Act by entering into the contract. 3.5 Should the Company use an outside collection agency or solicitors to collect any sums due of whatever amount, the Buyer agrees to pay all court costs and solicitors fees regardless of whether such are recoverable under the Civil Practice Rules. 3.6 Should the Buyer fail to make payment when due under any contract, the Company shall have the right in addition to any other remedy forthwith to suspend all further deliveries and to withdraw any credit facility afforded to the Buyer by the Company.
4. Delivery 4.1 The Buyer’s order may not be cancelled or amended unless instructions to do so are received in writing by the Company prior to shipment. 4.2 Goods may be returned for a full refund within 14 days of delivery (minus the delivery costs of postage and packing). The Company does not operate a sale or return or an exchange or return policy. 4.3 The Company shall not be liable for any failure to deliver the Goods by a particular date or for any consequential loss sustained by the Buyer as a result of such failure.
5. Title 5.1 Risk in the goods shall pass to the Buyer on delivery. 5.2 Title to the Goods and any packing materials remains with the Company until payment in full for the same has been received. In the event of payment by cheque, payment received is not effected until the cheque has been honoured and funds applied to the Company’s bank account. 5.3 The Seller shall exercise all reasonable care over the goods and insure them against loss or damage at least until title has transferred to the Buyer.
6. Bankruptcy and Liquidation 6.1 Without prejudice to any other remedy the Company may have against the Buyer, the Company shall at any time have their right to cancel or terminate any of its obligations to the Buyer if the Buyer being an individual shall become bankrupt, or suffers any similar action as a result of the Buyers inability to pay its debts as and when they fall due, or if the Buyer being a company goes into liquidation or administration or has a receiver appointed over its or any part of its business or assets or makes any arrangements with its creditors or the Company has reasonable grounds to suspect the Buyer will be unable to pay for the Goods.
7. Limitation of Liability 7.1 The Company shall not be liable under any circumstances for any loss, loss of anticipated profit, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Buyer arising from or in any way connected with the Company as a result of or incidental to the performance or non-performance of the contract. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence. 7.2 The Company gives no indemnity to the Buyer in respect of claims against the Buyer by third parties and the Buyer agrees not to seek contribution from the Company in respect of such claims. 7.3 Time shall not be of the essence in respect of deliveries.
8. Law 8.1 These terms are governed by the Law of England and Wales and are subject to the exclusive jurisdiction of the English Courts. 8.2 The Buyer agrees to commence any proceedings in the Clerkenwell Court (unless that Court does not have jurisdiction having regard to the type or quantity or relief sought) or shall consent in writing to any action commenced in any different Court (if the Company so requests in writing), being transferred to the Clerkenwell Court.