The Price shall be the price quoted on the Seller’s confirmation of order.
Payment and Interest
Payment of the Price and VAT shall be due upon placement of an order.
Delivery of the Goods
Delivery of the Goods shall be made to the Buyer’s (shipping) address.
The Seller undertakes to use its reasonable endeavours to despatch the Goods as soon as is possible after placement of the order. Time of delivery shall not be of the essence of the contract.
The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.
Acceptance of the Goods
The Buyer shall be deemed to have accepted the Goods 14 days after delivery to the Buyer.
The Buyer shall carry out a thorough inspection of the Goods within 14 days and give notice in writing to the seller of any defect or short delivery, the Buyer must return the Goods to the Seller at the Buyer’s cost and the Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.
Where the Buyer has accepted, or has been deemed to have accepted the Goods, the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
The Seller warrants that for a period of 12 months commencing on the date of delivery of the Goods (Warranty Period), the Goods shall:
conform with their description;
be of satisfactory quality with the meaning of the Sale of Goods Act 1979; and
Title and risk
Risk shall pass on delivery of the Goods to the Buyer’s address.
Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
Carriage of Goods
Carriage will be chargeable on all sales. The price of carriage will be clearly displayed when placing an order.
Goods may be returned only by prior written consent from the Company. They must be sent carriage paid, we recommend that you use a signed for service to return goods to ensure that they are received by us.
The Buyer shall carry out a thorough inspection of the Goods within 14 days and give notice in writing to the seller of any defect, short delivery or incorrect items received, the Buyer must return the Goods to the Seller at the Buyer’s cost and the Seller shall repair, replace or make good any Goods that are defective, or refund the price of such defective Goods. In addition, the Seller will refund the postage costs for the returned items within 14 days of receipt of the Goods.
Please note that Kay Pictures reserve the right to charge a restocking fee if the goods that are returned are not faulty. The restocking fee will be £25.00.
KAY PICTURES LTD
Unit 39, Silk Mill Business Park,
Upon receipt of the returned goods a credit note will be issued, minus any restocking fee.
Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).