In these conditions:
“Company” means Ultimate Styling Limited
“Customer” means the person or Company with whom or with which the Company supplies;
“Contract” means the Contract made to or to be made between the Company and the Customer subject to these conditions;
“Goods” means all or any of the Goods which the Company is to sell in accordance with the Contract and any samples to be provided by the Company;
“Services” means any services to be performed by the Company for the Customer under the Contract;
“Act of Insolvency” shall be deemed to mean and include any one or more of the following namely the passing of a resolution or the presentation of a petition for winding-up the presentation of a petition for the appointment of an administrator, the appointment of a receiver and/or manager or administrative receiver over the whole or any part of the Customers undertaking and assets, the making of a proposal for a voluntary arrangement within Part 1 Insolvency Act 1986 or a proposal for any other composition scheme or arrangement with or the calling of a bankruptcy order, an application for an interim order in connection with any proposals for a voluntary arrangement of the Customer’s affairs, anything analogous to any of the forgoing under the law of any jurisdiction.
2: BASIS OF CONTRACT
- 2.1: Any quotation submitted by the Company amounts to an invitation to treat and not an offer.
- 2.2: Prices displayed online are fixed.
- 2.3: Postage prices displayed online are fixed.
- 2.4: Subject to any alteration or qualification agreed to in writing by the Company only supplies Goods and Services on the basis of these Conditions to the exclusions of any terms preferred by the Customer.
- 3.1: Any time or day quoted by the Company for delivery of all or any of the Goods and/or performance of all or any of the Services is an estimate only. Time of delivery or performance of all or any of the Services shall not be of the essence. The Company shall not be liable for any failure to meet any such estimate, nor for any loss, whether financial or otherwise, resulting directly or indirectly therefrom. All or any of the Goods may be delivered and/or all or any of the Services may be performed in advance of the quoted date for delivery or performance (as the case may be).
- 3.2: Notification of non-delivery must be made in writing to the Company within three working days after the date of the Company’s invoice.
- 3.3: Subject to compliance by the Customer with the foregoing Conditions, the Company shall make good by reimbursement of the price, repair or replacement (at the Company’s option) any such non-delivery short delivery or damage and apart from such reimbursement or repair or replacement and in the absence of notification as aforesaid the Company shall not be liable for any such non-delivery short delivery or damage in transit nor for any loss, financial or otherwise resulting directly or indirectly therefrom. Any such damage or non-delivery shall not entitle the Customer to reject the Goods or rescind the Contract.
- 3.4: The Company shall be under no liability to the Customer in connection with the damage or loss in transit where delivery takes place by post or by collection by the Customer or its carrier.
- 4.1: All descriptive and technical specifications, figures for performance, drawings, catalogues, promotional materials, display stands, illustrations and particulars of weight and dimensions supplied by the Company are approximate only and the Company reserves the right without notice to the Customer to alter such matters and to supply the Goods as so altered in performance of the Contract.
- 4.2: Any alterations or modifications made by the Customer shall be at the Customer’s risk and the Customer ensure that the Goods are only used in a manner and purpose for which they are appropriate and that any instructions are passed on to any party whom the Customer supplies the Goods.
- 5.1: The Customer shall make payment in full in advance of the goods being dispatched.
6: RISK AND TITLE
- 6.1: Risk in the Goods shall pass to the Customer immediately on dispatch to the Post Office, delivery to the Customer or collection by the Customer or it’s carrier (as the case may be)
- 6.1: Notwithstanding delivery, property in and title to the Goods shall remain in the Company (which reserves the right to dispose of them) until the Company has received payment (in cleared funds) of the full price of a) all Goods or services the subject of the contract and b) all other Goods and services supplied by the Company to the Customer under any other contract whatsoever.
- 6.3: Subject as herein provided, the Customer shall nevertheless be entitled to deal with the Goods to which the Company retains title in the ordinary course of business provided that:a) The Customer shall not purport to dispose of property in and title to the Goods until delivery to its own Customer
b) The Customer shall first deal with the Goods that it has paid for and any payments received by the Company from the Customer shall first be appropriated to Goods dealt with by the Customer.
c) If Goods are altered or any Goods become attached to the Goods or if any part of the Goods is replaced such alteration, attachment or replacement shall not affect the Company’s property in and title of the Goods.
- 6.4: The Customer shall not make any modification to the Goods or their packaging or alter, remove or tamper with any marks, numbers or other means of identification used on or in relation to the Goods
The Company shall make good as its option by reimbursement of the whole or part of the price or by repair or by replacement:
- a) Subject to condition in 4.1 any failure by the Goods to correspond with their specification at the time of delivery;
- b)Any defect developing under normal use in the Goods to correspond with their specification at the time of delivery;
- c) Provided that Goods are clearly identifiable as products supplied by the Company
- d)Goods must be accepted subject to inspection by the Company, particularly in the case of breakage or failure under stress
- e) Goods must be deemed by the Company either to have failed, or the defect to have manifested itself within 12 months of purchase. Alternatively, either of the aforementioned criteria must be deemed to have been fulfilled within the first 12,000 miles of road usage. The decisive factor in determining whether or not the 12-month rule or the 12,000-mile rule in respect of a particular warranty claim shall be whichsoever of the two aforementioned circumstance occur sooner.
Provided that any such failure or defect is upon discovery promptly notified to the Company in writing and in any event within twelve months of delivery or collection (as the case may be)
8: DATA PROTECTION
- 8.1: The Company is committed to protecting the privacy and security of the Customer’s personal information.
- 8.1: The Company require to collect, store and use your personal information to form a Contract between the Company and the Customer in order to receive Services and supply of Goods.
- 8.3: Information may be passed to third parties in order to complete our contracted obligations.
- 8.4: Personal information will be monitored continuously and kept secure at all times, upon information becoming irrelevant the correct disposal method will be undertaken.