TERMS & CONDITIONS

 

OVERVIEW 

This website is operated by South Planks. Throughout the site, the terms “we”, “us” and “our” refer to South Planks. South Planks offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall South Planks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless South Planks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 17 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 18 - GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom. 

SECTION 19 - CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 20 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at info@southplanks.co.uk.

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TERMS & CONDITIONS OF SALES

1. DEFINITIONS
In these terms and conditions ‘The Company’ shall mean South Planks and ‘The Purchaser’ shall mean the firm, company, corporation, person or body by whom an order is given to the company.

2. APPLICATION OF TERMS
These terms and conditions shall apply to all quotations and sales of goods by the company and unless agreed in writing shall be the only terms and conditions relating to any contract arising there from. Any other conditions,
representations, warranties or descriptions, whether written or oral, express, implied, statutory or otherwise are expressly excluded other than such statutory conditions or warranties may not be capable of exclusion.

3. QUOTATIONS
Quotations are given in good faith and are based on up to date information at the time. Quotations are open to acceptance within thirty days of dispatch by the company. Prices quoted by the company are subject to increase
without notice in the event of there being any rise in the market price of the goods after the date of the quotation or order and prior to delivery occasioned by any cause outside the control of the company. We shall be
entitled to add to the invoice price and to recover from the purchaser any value added tax or other tax which is in force at the time of execution of the contract or any taxes which may be added thereafter and which shall
apply to this contract.

4. PRICES
Goods will be invoiced and paid for at the company’s prices current at the date of despatch of the goods, such prices superseding and replacing all previous quotations or other prices unless otherwise specifically agreed in
writing. The company will do its best but shall not be bound to inform the purchaser of any such increase.

5. VARIATIONS
Any variation and/or modification to a contract to be efficient must be forthwith confirmed by the purchaser and approved by us in writing.

6.MATERIALS
All natural materials provided are subject to their natural markings, veining, colour variations, crack, fissures and vents and the purchaser acknowledges that stone / timber is a natural product in which variations in colour,
marking, size and thickness should be expected.
All samples, drawings, specifications and illustrations given by the company and issued or published are intended only to give an approximate description of the goods. Natural stone products will vary in colour and marking
and this is not a sale by example. As some stone contains fissures and vents as part of their natural feature, the company does not give any express or implied warranty that the goods will correspond in every respect with
any description, photograph or sample provided.
Natural stone can change colour and appearance over time due to the natural deposits and minerals contained within the stone units. These deposits may not be visible at the time of cutting or, delivery or installation of the
natural stone product, and the company accepts no liability for any change in appearance of the natural material caused by the natural properties of the stone supplied.
Wood is a natural product that responds to temperature and humidity variations by expanding and contracting. Sometimes these changes may be noticeable in the physical appearance of the product. The company accepts
no responsibility for these changes. Wooden products can experience movements and cracks as it adjusts - this is not a fault, but a natural occurrence within the fibres of a natural product.
Any descriptions of materials offered are for guidance only and do not imply suitability for any particular purpose.
Where the company specifies the size of the goods, a tolerance of +/- 3 millimetres shall be deemed to have been incorporated into any description supplied.
The purchasers use of the goods shall be exclusively at their own risk.

7. AVAILABILITY OF GOODS
Any order may be cancelled by the company without notice if the company are prevented by obtaining, purchasing or manufacturing the goods or from delivering the same by reason or force majeure, civil commotion,
adverse weather conditions, strike, lock-out, fire, accident, breakdown of plant, machinery or vehicles or any other cause outside the control of the company, and the company will not accept liability for delays, damages,
breakages, or any other consequences arising from or contributing to any such matters.

8. LEAD TIMES & DELIVERY TIMES
All lead times/delivery times quoted by the company are estimates only and shall not form a binding part of any contract between the company and the purchaser. The company will use all reasonable endeavours to meet
the quoted lead time/delivery time however The company accepts no liability for any direct or incidental costs incurred by the purchaser as a result of the quoted lead time not being achieved by the company. As the lead
time/delivery time is an estimate only, exceeding the quoted lead time/delivery time does not give any grounds for cancellation of the contract between the company and the purchaser in any circumstances.

9. MIXING COLOURS
Where materials are delivered in pack form the purchaser shall in accordance with recognised practise and/or manufactures recommendations ensure that several packs are used simultaneously to obtain, as far as possible,
an even blend colour and size.

10. PAYMENT
1. The purchaser is required to pay in cash or in cleared funds prior to delivery, unless they have an approved account.
2. If the purchaser has an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.
3. If the purchaser fails to pay the company in full on the due date they may:
1. Suspend or cancel future deliveries;
2. Cancel any discount offered to the purchaser
3. Charge the purchaser interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998;
1. calculated (on a daily basis) from the dated invoice until payment
2. before and after any judgement (unless a court orders otherwise)
4. Claim fixed sum compensation from the purchaser under s.5A of that Act to cover our credit control overhead costs and recover (under clause 8.3.8) the cost of taking legal action to make the
purchaser pay.
5. If the purchaser has an approved credit account, we may withdraw it, reduce the credit limit or bring forward the due date for payment. The aforementioned actions may occur at any time
without notice.
6. The purchaser does not have the right to set off any money they may claim from the company against anything they may owe the company.
7. Whilst the purchaser owes money to the company, it will have a lien on any of the purchaser’s property in the company’s possession.
8. The purchaser is to indemnify the company in full and hold the company harmless from all expenses and liabilities they may incur (directly or indirectly including financing costs, including legal
costs on a full indemnity basis and the cost of instructing a debt recovery agency to recover a debt due to the company if any) following any breach by the purchaser of any of their obligations
under these terms.

11. TITLE TO GOODS
Ownership of goods shall not pass to the purchaser until payment in full of the same has been made to the company. If the goods concerned remain unsold in the custody of the purchaser they shall belong to the company
and be returnable to us on demand. If the goods have already been used and form a building construction of part thereof then it is agreed that ownership of the building construction will pass to the company to the extent
of the amount owed. The purchaser will, as guaranteed for payment to the company. If the building or construction is sold the company’s claim will attach to the proceeds of sale in the same manner as if the company was
a secured creditor in respect of the sale proceeds.

12. DELIVERY
1. All quotations exclude delivery unless otherwise stated. Where delivery is not included it is deemed that the purchaser will arrange collection of the goods from the company. Any goods being collected by the purchaser are to be collected from “South Planks Farm, Garstang Road, Barton, PR3 5AB” unless otherwise stated. The purchaser is responsible for all costs relating to the collection of goods from the company. The company agrees to provide access to the premises for the purpose of the collection of goods during the company's standard working hours. These hours are normally Monday-Friday
(inclusive), 8.00am to 17.00pm. Access to the company premises for the collection of goods is not normally available on UK bank holidays or during scheduled periods of closure of the company premises such as annual breaks, maintenance and development and any other activity where closure is deemed necessary. The company will notify the purchaser of any scheduled closures of the company premises on request by the purchaser.


2. All deliveries are kerbside delivery. Delivery instructions must be provided by the purchaser and any access restrictions must be disclosed at the point of order. Failure to provide this information will result
in a failed delivery (items will be returned the company’s premises and further deliveries will be charged at the purchaser's expense). It is required that the purchaser is available on the date of delivery to
sign for the delivery, otherwise the goods will be returned to the company premises and the delivery charge will be payable in full for a consecutive time by the purchaser for a second delivery attempt.


3. The company will not be liable for any damage done to goods from unloading or handling on site, unless such damage is occasioned by the act or neglect of the company’s agent or servant.


4. Although the company will use its best endeavour to comply with the purchaser’s delivery requirements, the company will not be liable for delay in delivery howsoever occasioned and time shall not be
deemed to the essence of the contract.


5. If there is/are access restrictions and/or no
storage space or unloading facilities the company reserves the right to withdraw delivery and charge for a wasted journey.


6. If the company holds goods pending for more than 14 days from receipt of delivery instructions from the purchaser or the purchaser does not accept the goods within the 14 day period the company reserves
the right to charge the customer up to the sum of £25 (excluding taxes) per pallet per day for the storage of goods.


7. If the company stores goods on behalf of the purchaser, the purchaser acknowledges that any invoice relating to the goods being stored will be treated as due as if the Goods were collected/delivered on the
date the purchaser is notified that the goods are available for collection/delivery. The purchaser will be advised of this date by the company so that collection/delivery can be arranged. It is the responsibility
of the purchaser to provide contact details that will allow the company to provide this date, and the company accepts no liability for consequences arising from the purchaser not providing suitable contact
information (via email).


8. If the purchaser chooses to stor
e goods at the company premises without the agreement of the company, the company accepts no liability for any damage caused to the goods due to the day to day activities
of the company. It is the responsibility of the purchaser to check the condition of any goods being stored by the company without a formal agreement being for the storage of goods being in place, and the
purchaser acknowledges that should goods be stored at the company premises, it may become necessary for these goods to be relocated around the company premises for storage. The company accepts no
liability for any damage caused to the goods due to the relocation of the goods for storage where a formal agreement is not in place.


9. Where goods are collect ex-works by the purchaser of his servants or agent the company’s responsibility ceases when the goods are handled over to the purchaser or his servants or agent.


10. Goods delivered by rail will be despatched at owner risk rates unless the purchaser expressly requests.


11. For the purposes of this clause the company agrees to allow the purchaser to store completed goods at the company premises for a period of seven days from the date of completion of the goods. Following
this initial period any additional storage will only have indemnity from this clause with the written agreement of the company.


13. SUITABILITY OF GOODS
The company will accept no liability as to the suitability of the goods for the purpose for which the purchaser may require them.

14. SAMPLES
Samples submitted by the company are an indication of texture, colour and general appearance only. Bulk suppliers cannot be guaranteed to correspond in every respect. Any reference is a quotation to British Standards.
Technical data or other specifications are intended as a guide only, and if the purchaser wishes to rely on any such matter as a term of contract the same must be in writing by him and agrees to in writing be the company
prior to or at the time or entering into any such contract.

15. QUALITY OF GOODS
The company warrants that the goods shall be of sound materials and workmanship, and in the event of a defect in the goods being notified to the company in writing within 7 days of the date of delivery, in respect of which
notification time shall be of essence, and the company being satisfied that the defect is the result of unsound materials or workmanship the company will at its own cost replace the goods delivered with goods of sound
materials and workmanship or otherwise reach as agreed settlement with the purchaser. In the event of the goods being delivered note those ordered by the purchaser and of the purchaser notifying the company thereof
in writing within 7 days of delivery, in respect of which notification time shall be of essence, the company will at its own cost and speedily as practicable replace the said goods with a like quality of goods of the nature ordered
by the purchaser. Save as foresaid the company shall not be liable in contract tort or however otherwise in respect of any loss or damage suffered by the purchaser as a result of any defect in the goods supplied. Whilst
every effort will be made to avoid variation of shades and sizes in goods delivered, the company neither guarantee not warranty that such variations will nor occur or that they will conform to sample, either in quality or
colour.

16. CLAIMS
1. Any claim for alleged faults or short delivery must be notified by the purchaser in writing to the company within 7 days of the date of delivery, time to be of the essence.
2. The company shall have the right to require the purchaser to return such goods to the company at the purchaser’s cost for examination.
3. The liability for the company shall be restricted to replacing any goods found to be faulty or at their option to refund to the purchaser only that part of the contract price relating to such faulty goods.
4. All liability for direct or consequential loss whether from delay in dispatch, delivery, failure of goods to meet specifications or performance, defects in manufacture or otherwise hereby expressly
excluded.
i) Loss or damage in transit in the purchaser’s own transport or on site.
ii) Force majeure, act of god matters beyond company’s control
iii) Where goods have been improperly used, stored or protected.
iv) Where goods are not suitable for the purpose to which the purchaser has or wishes to put the same

17. ASSIGNMENT
Any contract entered into between the purchaser and the company shall be non-assignable.

18. CANCELATION
Contracts with and others placed with the company may only be cancelled with the company’s prior written consent. In cases where the company has been required to pay a deposit to a manufacturer or supplier in respect
of the purchasers order the company may require reimbursement of such sum from the purchaser as a condition of consenting to cancellation. In every case where the company consents to cancellation the company at its
absolute discretion see fit to charge for any suffered consequential losses and or deposits held, by the company as a result of such cancellation
19. JURISDICTION
Every contract to which these terms and conditions apply shall be constructed on accordance with English Law and any dispute shall be submitted to the jurisdiction of the English Courts.
20. GENERAL
Errors and omissions excepted.