In Case Solutions
TERMS AND CONDITIONS OF SALE
These terms and conditions shall apply to all orders accepted from customers with or without credit facilities available from In Case Solutions Limited and shall override all other terms and conditions inconsistent therewith, expressed, implied or otherwise. First time customers and non-account holders are respectfully asked to send remittance with the purchase order. Initial orders from new customers are always conducted on a pro-forma basis. Full credit account facilities may be made available at a later date, at the discretion of the company.
Quotations whether written or verbal may be withdrawn at any time before receipt of the customers acceptance and shall be deemed to be withdrawn if acceptance is not received within 30 days of the quotation.
Unless the sale is on a proforma basis, for cash or other special credit terms have been expressly agreed, all funds are due for payment net within 30 days of the date on which the goods were delivered. Credit limits will be applied to all accounts as appropriate and any purchase order that exceeds this amount should be accompanied by the outstanding excess remittance, relevant to that purchase order.
We reserve the right of refusal to cancel any order or the balance of any uncompleted contract if the customer has not conformed to the foregoing payment terms of, if event of non payment of an account when due or if there shall be any default or refusal on the part of the customer to take due delivery of goods, or in the case of default, incapacity, bankruptcy or insolvency of the customer or in the case of liquidation the appointment of a Receiver if the customer is a limited company then the purchase price of all goods invoiced and/or delivered by us shall immediately become due and payable from the customer to us and in addition we have the right to cancel every contract made with the customer and either to suspend or to continue delivery at our option but without prejudice to our right to recover any loss sustained.
The customer shall not be entitled to withhold payment of any amount due to us under the agreement to us by reason of any dispute, or claim by the customer, nor shall the customer be entitled to set off against any amount payable or due to us as aforesaid or against any amount which is not then due or payable by us for which we dispute liability.
Our quotations are based on prevailing costs at the time when they are given. We shall be entitled to adjust the price or prices as at the time of delivery by such amount as may be necessary to cover any costs whether sustained by us whether statutory or otherwise. Our prices are based on the quantities specified and we reserve the right to adjust the prices in the event of the customer placing order for lesser quantities.
Delivery dates when given are estimates only and shall not be of the essence of the contract and we shall not be liable to compensate the customer for any late delivery or non-delivery or for any loss to the customer consequential or otherwise. Delivery timescale can vary from 2-3 days if items are in stock, to 4-6 weeks if bespoke cases have to be manufactured. Customers will always be advised of delivery timescale, applicable to their order, when the order is processed
If the customer claims that there is any shortage or damage to the goods when in transit he shall give notice in writing to us and to the carriers by whom the goods were delivered within three days after the delivery is made failing which and a clear signature having been received by us, the goods shall be deemed to have been delivered undamaged and in accordance with the delivery documents.
Within ten days of the date of delivery the customer shall notify us of any shortage, damage or other reason by which he may allege that the goods are not in accordance with the order of the delivery documents. In the absence of such notification the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be deemed to have accepted the goods accordingly.
Sample cases submitted and illustrations in catalogues, trade literature or on websites must be accepted as showing type and general character only, without warranty or guarantee as to substance, performance, colour, size, thickness or shape. All samples are chargeable.
Any customer samples which are submitted to In Case Solutions for the purpose of supplying information or to allow a special case / case interior to be designed, are loaned at the customers risk and while all efforts will be made to ensure the safety and security of these items on loan, no responsibility shall be borne by the company and customers should cover all risks
The goods are supplied by us on the basis that they conform to the description contained on the delivery documents and in accordance with all these terms and conditions, and no other representations purporting to vary them whatsoever whether written or oral alleged to have been made or entered into by us or by any of our servants shall be of any force or effect. Any additional cost due to change of design after a bespoke format has been agreed and tooling manufactured shall be borne by the customer. Small orders for non-standard product may be subject to a set up charge: this will be advised prior to the commencement of the order.
The property in the goods shall not pass to the customer but shall remain vested in us until all sums owing from the customer to us on whatsoever grounds shall have been paid and until such time the customer shall hold the goods on trust for us. Such sums will not be treated as paid until all cheques, bills or other instruments of payment given to us have been met or honoured in accordance with their terms.
If the customer shall default in the punctual payment of any sums due to us in the context of the preceding sub clause 11(a), we shall be entitled to repossess any goods which remain our property and the customer shall for that purpose afford us access to any premises in the occupation of the customer or to which he has access and where the goods may then be situated.
All quotations are exclusive of carriage & Value Added Tax. Carriage will be charged at cost. VAT will be added to the total on all invoices at the rate applicable at the appropriate tax point unless exemption can be proven.
Every Contract to which these conditions apply shall be construed as an English Contract and in accordance with English Law.
At no time may products supplied be returned to In Case Solutions, if the product is discontinued or no longer required, for what so-ever reason.
In Case Solutions can not be held responsible for any subsequent losses due to failures, breakages or late arrival of any of the products, or part of the products, supplied against customers orders or instructions. In Case Solutions will always endeavour to rectify any problems as quickly as possible but will not be held responsible for any consequential losses incurred by customers or third parties.
Account holders terms are strictly 30 days net. Accounts overdue for more than 30 days SHALL ATTRACT INTEREST ON A DAILY BASIS AT THE RATE OF 5% per month. Credit accounts that remain dormant & unused for a 12 month period will automatically revert to a pro-forma account basis.
Customers ordering completely bespoke products, new customers and non-account holders are respectfully asked to send remittance with your purchase order. If subsequently a monthly trading profile is established we may offer credit facilities subject to the normal searches & references and at the discretion of In Case Solutions Limited.
CARRIAGE CHARGES. All prices are quoted ex-works and delivery is chargeable as cost. The customer will be responsible for all additional carriage charges where, at the customer’s request, goods are dispatched other than by our normal carriers.
PROCEDURES FOR RETURNING GOODS. Customers should inspect goods on delivery so that any complaints may be brought to our attention within fourteen days after which we cannot accept responsibility. Customers wishing to return goods should observe the following procedures.
Please advise us precisely the nature of the complaint BEFORE returning goods.
When returning the goods, please state Invoice Number under which they were dispatched and carriers.
Bespoke items made to agreed specifications are not returnable, unless for fault of manufacture. Standard items delivered correctly, if returned in perfect condition, may be refunded but will be subject to a 30% restocking charge. Carriage will not be refunded.
CLAIMS FOR NON-DELIVERY OR SHORT DELIVERY. Your attention is drawn to the time limits indicated in Paragraph 8 (a) and 8 (b) on these terms and conditions.
Credit Notes will only be issued subject to the compliance of Condition .3