Terms & Conditions
1. Definitions
1.1 Buyer means the person who buys or agrees to buy the Goods
from the Seller
1.2 Conditions means the terms and conditions of sale set out in
this document and any special terms and conditions agreed in
writing by the Seller
1.3 Delivery Date means the date specified by the Seller when
the goods are to be delivered
1.4 Goods means the articles which the Buyer agrees to buy from
the Seller
1.5 Price means the price for the goods including VAT
1.6 Seller means Whistle & Flute Tailoring Limited
2. Conditions Applicable
2.1 These Conditions shall apply to all contracts for the sale
of Goods by the Seller to the Buyer to the exclusion of all other
terms and conditions including any terms and conditions which the
Buyer may purport to apply under any purchase order confirmation of
order or similar document
2.2 All orders for Goods shall be deemed to be an offer by the
Buyer to purchase Goods pursuant to these Conditions
2.3 Acceptance of delivery of goods shall be deemed conclusive
evidence of the Buyers acceptance of these Conditions
2.4 Any variations to these Conditions (including any special
terms and conditions agreed between the parties) shall be
inapplicable unless agreed in writing by the Seller
2.5 Nothing in these Conditions shall affect the statutory
rights of any consumer
3. The Price and Payment
3.1 The Price shall be the price set out overleaf. The Price is
inclusive of VAT at the rate ruling on the date of the Sellers
invoice
3.2 Payment of the Price shall be made as to between 50% and
100% upon the date of order and any balance upon delivery of the
Goods (which shall also be the date of the invoice where
applicable). Time for payment shall be of the essence
3.3 Interest due on overdue invoices shall accrue from the date
when payment becomes due until the date of payment at a rate of 4%
above Lloyds TSB Bank plcÕs base rate from time to time in force
and shall accrue at such a rate after as well as before any
judgement
4. The Goods
4.1 The quantity and description of the Goods shall be as set
out in the description overleaf
5. Warranties and liability
5.1 The Seller warrants that the Goods will at the time of
delivery correspond to the description given by the Seller. All
other warranties, conditions or terms relating to fitness for
purchase, merchantability or conditions of the Goods and whether
implied by statute or common law or otherwise are excluded. The
Seller may from time to time make changes in the specification or
description of the Goods which are required so as to comply with
any applicable or statutory requirements or which do not materially
affect the quality or fitness of the Goods
6. Delivery of Goods
6.1 Delivery of the Goods shall be made at the discretion of the
Seller either to the SellerÕs address or at an address notified by
the Buyer to the Seller as set out overleaf. The Buyer shall make
all arrangements necessary to take delivery of the Goods whenever
they are tendered for delivery. The risk in the Goods shall pass
upon delivery being made or upon tender for delivery
6.2 Time shall not be of the essence in the delivery of Goods
unless specifically agreed by the Seller in writing
7. Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted the Goods 48
hours after delivery to the Buyer
7.2 After acceptance the Buyer shall not be entitled to reject
any Goods which are not in accordance with the contract
8. Title and Risk
8.1 The Goods shall be at the BuyerÕs risk as from delivery or
tender of delivery
8.2 In spite of delivery or tender of delivery having been made
the property in the Goods shall not pass from the Seller until:
8.2.1 the Buyer shall have paid the Price in full; and
8.2.2 no other sums whatever shall be due from the Buyer to the
Seller
9. Remedies of Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have
no further rights whatever in respect of the supply to the Buyer of
such Goods or the failure by the Seller to supply Goods which
confirm to the contract of sale
9.2 Where the Buyer accepts or has been deemed to have accepted
any Goods then the Seller shall have no liability whatever to the
Buyer in respect of those Goods
9.3 The Seller shall not be liable to the Buyer for late
delivery of the goods
9.4 The Seller shall be under no liability whatever to the Buyer
for any indirect loss and / or expense (including loss of property)
suffered by the Buyer arising out of a breach by the Seller of this
contract
9.5 Under no circumstances shall the liability of the Seller
exceed the price of the Goods
10. Proper laws of Contract
10.1 This contract is subject to the laws of England and Wales
and all disputes arising thereunder shall be subject to the
exclusive jurisdiction of the courts of England and Wales