Registered office – 196 Old Shoreham Road
Hove, East Sussex BN3 7EX
Company Registration Number – 1755284
VAT number 190484157
TERMS & CONDITIONS
Terms of Business
Definitions: “The Company” is Kensett Ltd. “The Customer” means the party, or any Person acting on their behalf, with whom the Company contracts.
- Price Variation
Estimates are based on the Company’s current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
Except in the case of a Customer who is not contracting in the course of a business nor holding himself out as doing so, the Company reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
- Preliminary Work
All work carried out, whether experimentally or otherwise, at Customer’s request shall be charged.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
- Delivery and Payment
(a). Delivery of work shall be accepted when tendered and thereupon or if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
(b). Unless otherwise specified the price quoted is Ex-works. A charge may be made to cover any costs involved in delivery.
(c). Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
(d). Should the work be suspended at the request or delayed through any default of the Customer for a period of 30 days the Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
Any queries on jobs completed or quality issues must be raised within 14 days of delivery date for us to be supplied with sample of the issue in question and then full recovery of job.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company and the carrier within three clear days of delivery.
(a) Delivery times are intended as indications only, and cannot in any case be considered to constitute a formal commitment. Their non-observance cannot in any circumstances give rise to an allowance, to cancellation of the order, or a penalty for delay.
(b) The Company shall not be liable for any loss to the Customer arising from delay in transit.
(c) In case of error or defective workmanship the Company’s responsibility will be limited in all cases to the carrying out of necessary corrections or the replacement of the unsatisfactory material or at the Company’s sole discretion by reimbursement by credit or a sum of money not exceeding the actual cost of defective materials as judged by the Company. The Customer is requested not to make use of goods or materials supplied by the Company without first examining and approving them. The Company accepts no responsibility for printing work carried out with defective goods or materials supplied to the Customer.
(d) Repair or revision work requested on existing or finished materials will be executed at the Customers risk and on his responsibility.
If the Customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the Company without prejudice to other remedies shall
(i) have the right not to proceed further with the contract or any other work for the Customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due to him, and
(ii) in respect of all unpaid debts due from the Customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as he thinks fits and to apply the proceeds towards such debts.
- Force Majeure
The Company shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may by written notice to the Company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
- Terms of Credit
Unless otherwise agreed in writing full payment must be received by the Company not later that 90 days after month end of the date of invoice.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.