The following conditions shall apply to all orders placed with the firm of Ascalon Design Limited (“the vendor”) overleaf by any person, firm or company without variation (save only such variations as are agreed in writing by both parties) and they shall prevail over any other terms sought to be incorporated herein.
All purchases made from the vendor (including any subsequent sales) are subject to these conditions, and on receiving any goods supplied by the vendor, the purchaser shall be deemed to be on notice thereof.
PRICES given are exclusive of VAT and can be subject to alteration without prior notice. Price Lists do not constitute an offer to supply.
DELIVERY is free on NON Furniture orders over £500 (ex VAT) and on Furniture Orders over £1000 (ex VAT), to the UK mainland, otherwise all additional delivery costs incurred will be charged to the purchaser. All goods are subject to availability, and we reserve the right to make part shipments. Minor differences in colour, material or dimension between the goods supplied and any sample of such goods which may have been shown to the purchaser shall not entitle the purchaser to return the goods, in whole or in part, and will not constitute any failure to supply on our part.
Damages or shortages must be notified within 3 working days of receipt and confirmed in writing. The vendor will not accept goods for credit or rectification, unless such return has been authorised by a Senior Manager or Director, and the goods are received by the vendor in stock condition, with original packaging. The vendor retains the right at its sole discretion whether to rectify the goods or whether to accept the return of the goods and to issue a credit note in respect thereof. The vendor reserves the right to charge a restocking fee on goods returned for credit, which are not in stock condition. The purchaser shall, unless otherwise stated, be responsible for the cost of outward and return carriage of all goods returned by the purchaser to the vendor for credit, which goods shall be at the risk of the purchaser until actual receipt of the goods, by the vendor. The onus of safe delivery shall rest with the purchaser. No credit shall be allowed for goods until they have been received complete. (This does not apply to items received damaged by purchaser).
The extent of the vendor liability to the purchaser for any default or breech whatsoever arising shall in no case exceed the invoice value of the goods and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any customer of the purchaser and whether direct, indirect, consequential, or however else arising.
PAYMENT is on a Pro-forma basis unless an account has been opened. New accounts are subject to reference. Our payment terms for account customers are strictly net cash within 30 days of receipt of goods, unless otherwise negotiated previously and given on our Invoice. We reserve the right to cancel or suspend any outstanding orders to account customers if payment has not been made in accordance with the above terms, or if any amounts exceed those given in their references. We reserve the right to charge interest at 0.75% per calendar month on all overdue accounts, and to charge for any exceptional costs incurred in obtaining payment. Accounts over 90 days will be subject to a re-financing fee of 1.5% per calendar month until paid in full.
ALL GOODS supplied remain the property of Ascalon Design Limited until payment has been received in full and we reserve the right to demand that the purchaser keeps such goods physically separate from all other goods and holds same to our order. We reserve the right to enter the purchaser’s premises for the purpose of removing such goods. If the purchaser shall have purported to sell such goods before payment has been made in full, they shall hold the proceeds of the sale as trustee on behalf of Ascalon Design Limited.
Orders placed with Ascalon Design Ltd can only be cancelled with the written consent of a Director of Ascalon Design Ltd. Cancellation of an order will incur a penalty equivalent to 20% of order value in the middle of a selling season, increasing to 50% of order value near the end of each season Christmas Selling season 15th April to 31st August (20% cancellation fee, 1 Sept onward 50% fee.)
If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions. This contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law.