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Terms and Conditions

1. GENERAL

All tenders and quotations are submitted and all orders accepted (inc. Trade, Mail and Website orders) solely upon and subject to the following terms and conditions to the exclusion of all other terms and conditions except such (if any) as are specifically accepted by the Company in writing.

Acceptance of delivery shall be conclusive evidence of acceptance of these terms and conditions.

2. EXCLUSIVE, EXPRESS WARRANTY

Shelford Design Ltd warrants, to the original purchaser, that any standard product it manufactures is free from defects in materials and workmanship.

The duration of this warranty is 5 years from the date of shipment.

In the event that the purchaser discovers the products to be defective in materials or workmanship it must notify Shelford Design Ltd in writing within 14 days and under no circumstances more than 14 days after the end of the 5 year warranty period.

After notification in writing Shelford Design Ltd, at its sole discretion, will correct any defect in materials or workmanship by repair or replacement of the defective product or refund the purchase price of the defective product.

These remedies are the exclusive remedies for the breach of the foregoing warranty.

This warranty covers only such products that are manufactured by Shelford Design Ltd and does not extend to such products used as component parts in equipment.

Shelford Design Ltd specifically excludes all other warranties whether expressed or implied.

This warranty is void for products which operate under other than design load ratings and recommended usage.

3. WARRANTY AND LIABILITY DISCLAIMER

Shelford Design Ltd. liability shall in no case exceed the purchase price of the product or products which gave rise to the claim.

Expenses and delays associated with the removal of any defective product shall be borne by the Purchaser.

Shelford Design Ltd hereby disclaims any liability for injuries which may result from the use of our products contrary to our instructions.

We specifically exclude any and all warranties of MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SHELFORD DESIGN SHALL NOT BE LIABLE IN ANY EVENT FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES.

There is no liability, expressed or implied, on the structural soundness or design of equipment not supplied by Shelford Design Ltd.

4. DELIVERY PROMISES

These are given in good faith and will be adhered to, as far as possible, but no liability will be accepted for subsequent unforeseen delays.

Goods offered ex-stock are subject to their being unsold on receipt of order confirmation.

5. CANCELLATION AND VARIATIONS

  1. Cancellation of an order cannot be accepted, or goods returned for credit, unless previously agreed in writing by the Company.

  2. No variation of any order shall be binding upon the Company unless the same shall be agreed in writing.

  3. Stock items returned by agreement with the Company shall be subject to a re-stocking charge.

Purchaser shall be liable for reasonable costs and expenses incurred by Shelford Design Ltd. prior to notice of cancellation. This amount shall not be less than 20% of the value of the goods ordered and not less than £25.00.

Manufactured products shall be returned prepaid.

Expenses which result from the return of goods must be borne by the Purchaser.

Returned goods are subject to restocking charges of not less than 20% of the value of the order and not less than £25.00 plus outgoing and incoming freight charges.

No cash refunds. Credit applied to future orders.

6. SHIPPING

All claims for merchandise lost or damaged must be handled by the Purchaser.

Shelford Design Ltd will make every attempt to accommodate shipping instructions provided by the Purchaser provided they do not conflict with any of the terms and conditions set herein.

Requests for specific methods of transportation must be made at the time of order placement.

Under no circumstances will Shelford Design Ltd accept responsibility nor may it be held responsible for additional charges which may result from failure to accommodate specific shipping instructions.

7. LOSS or DAMAGE in TRANSIT

Where goods are sent carriage paid the Company will replace free of charge goods damaged or lost in transit provided that written notification is given to the Company within three days of delivery or in the case of total non-delivery notice is given to the carriers and the Company within seven days of the date of notice of despatch.

8. INSPECTION

The customer shall inspect the goods immediately on arrival thereof and shall note shortages or damage on the delivery note and give written notice to the delivery, with full details of the claim, within seven days from such arrival.

If the customer should fail to give such notice within the said period the goods shall be deemed to be in all respects in accordance withthe contract and the customer shall be bound to accept and pay for them accordingly.

9. RETENTION OF TITLE

  1. Risk in the goods shall pass to the customer immediately on delivery to the customer or into custody on the customer's behalf whichever is the sooner.

  2. Notwithstanding delivery, the goods shall remain the property of the Company (which reserves the right to dispose of this contract) until the Company has received payment of the full price of (a) all goods the subject and (b) all other goods supplied by the Company to the customer under any other contract whatsoever.

  3. Payment within 30 days of Invoice date.

  4. Until property in the goods passes to the customer the customer shall hold the goods as bailee for the Company and shall store the goods in such a way that they are readily identifiable as the property of the Company.

  5. If payment of the price or any part of it under this or any other contract is overdue or if the customer is in breach of any contractual term of this or any other contract with the Company or if a Receiver is appointed over all or any part of the undertaking of the customer or commences to be wound up or become bankrupt, then (without notice): -

  6. All sums payable by the customer to the Company under this or any other contract shall become immediately due and payable.

  7. The customer shall cease to be entitled to sell, use in manufacture or otherwise deal with the goods.

  8. The Company shall be entitled to recover and resell the goods (without prejudice to its right to damages) and for that purpose the customer hereby irrevocably grants the Company its servants or agents a licence to enter upon the customer's premises for the purpose of removing the goods.

  9. The Company shall be entitled to stop all further deliveries of goods to the customer under this or any other contract.

  10. If any of the foregoing provisions shall be invalid or unenforceable such invalidity or unenforceability shall not affect the remaining provisions.

  11. 10. STANDARD CONDITIONS OF SALE AND ORDER ACCEPTANCE

    Purchaser assents to the terms and conditions contained herein and acceptance of this order is expressly limited to same.

    Any additional terms and conditions, including those contained in the buyers purchase order or order acceptance will not be binding upon Shelford Design Ltd unless such terms and conditions are specifically agreed to in writing by an authorized representative of the seller.

    All past due accounts shall be assessed a service charge equivalent to 1-1/2% per month (18% annual rate).

    In the event that Shelford Design Ltd hires an attorney to assert any of its rights or defences in connection herewith or to collect amounts due, Purchaser agrees to be responsible for all of Shelford Design Ltd. legal fees and expenses as well as costs of collection.

    11. SAFETY

    Shelford Design Ltd disclaims any liability and Purchaser agrees to fully indemnify Shelford Design Ltd and its employees for all loss and expense, including attorneys fees, relating to any claim or liability or injury resulting from product misuse, product alteration, or the use of the product contrary to written instructions.

    Shelford Design Ltd provides only those products and equipment identified on the invoice.

    Shelford Design Ltd insists that all safety regulations be adhered to during installation and operation.

    Product installation information, including data sheets provided on any TUSK product manufactured by Shelford Design Ltd are for guidance only and it is the customers responsibility or its agents to determine the merchantability and fitness for purpose of any TUSK product to be installed supplied by Shelford Design Ltd.

    12. SPECIFICATION

    In accordance with our policy of constant improvement we reserve the right to modify or amend without notice the specification of any of our products.

    13. LIABILITY

    1. The Company's liability whether in respect of one claim or in the aggregate arising out of any contract shall not exceed the purchase price payable under the contract.

    2. Except as specifically provided in these Conditions, no liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the Company.

    SHELFORD DESIGN LTD
    Unit 7, Riverside Workshops
    Riverside Way, Seaton
    Devon
    EX12 2UE


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TUSK is a registered Trade Mark of Shelford Design Ltd. Company Reg No: 1905093 VAT Reg No: 393261640
J.Morley: MD. Design/Production D.J.Harris: Director Admin/Marketing D.Morley: Director/Company Secretary
These instructions are for guidance only - see Terms & Conditions for further detail.