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SP Group Terms and Conditions of Trading

 Definition

The “Company” referred to in these conditions is SP Group.

 1.       Terms: These following terms and conditions shall apply to all customers entering into this sale of goods agreement unless a variation is agreed in writing with the Company.  These terms and conditions shall apply notwithstanding any variance between these conditions and any conditions sent by the customer to the Company.

 2.       Prices: Prices are subject to alteration and will be the price of goods as stated by the Company as per quotation on date of order, providing that quantities have not changed.  Any queries regarding the invoice must be made within 21 days from the date of invoice.

 3.       VAT: In addition to the price of goods, the customer will also pay VAT at the current rate at the date of invoice. 

 4.       Delivery: Any time or date named by the Company for delivery is given and intended as an estimate only and the Company shall not be liable to make good any damage or loss whether arising directly or indirectly out of the delay in delivery.  Where a period is named for delivery and such period is not extended by mutual consent in writing or under the provisions of clause hereof, the customer shall take delivery within that period.  Deliveries maybe wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, disputes, breakdown, accident or any cause whatsoever beyond the control of the Company or the customer respectively.  In the event of an outbreak of hostilities (whether war is declared or not) in which United Kingdom & Ireland is involved, or in the event of National Emergency, or if the Company’s works should become either directly or indirectly so engaged on Government orders or orders under priority directions as to prevent or delay work on other orders, the Company are on an ex works basis.   

 5.       Claims: Claims for loss, short delivery or non delivery of goods will only be valid if the Company is notified within 10 days of the receipt of the invoice.  Customers are advised to examine all deliveries on receipt and claims for damaged goods must be received within 48 hours of the time of delivery.

 6.       Cancellation of Order: Once an official order has been received either verbally or in writing, a contract is deemed to have been entered into between the Company and the customer.  Cancellation of the contract will be at the discretion of the Company.  A cancellation will not be accepted in any circumstances where a product has been specially made to fill the order. 

 7.       Returns: It is our general policy not to accept return of goods.  In exceptional circumstances standard products may be returned to us within 14 days of date of delivery provided that the customer has written agreement from the Company to such a return.  Returns after this time will not be accepted.  Goods are to be returned at the customer’s expense to the original source of supply as specified by the Company and a re-stocking charge of 35% will be made for goods that are of merchantable quality as determined by the Company.  Not all goods may be accepted back into stock for credit. 

 8.       Faults: Goods represented by the customer to be defective shall not form the subject of any claim for work done by the customer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to the Company and accepted by them as defective, will at the request of the customer and if practicable be replaced as originally ordered.  Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.  All materials must be examined as no claim can be entertained after the goods have been cut, marked, used or cleaned.

 9.       Performance: No warranty, condition, description or representation on the part of the Company is given or implied by this agreement, nor is any warranty, condition, description or representation to be taken to have been given or implied from anything said or written in the negotiations between the parties or their representatives prior to this agreement and any statutory or other warranty, condition or description expressed or implied as to the state, quality or fitness of the goods subject to this agreement is hereby expressly excluded.  In particular, but without prejudice to the generality of the foregoing.  The Company does not warrant the fitness for purpose of any of its products even though that purpose be made known by the customer and no warranty or condition may be implied from the name or description of a product.  Where samples have been sent to the customer it will considered that that they have been tested to the customer’s specification for the purposes to which they are to be put. 

In lieu of any warranties on window film only when fitted by the Company’s approved fitting team, the Company liability in respect of any defective goods shall be limited to goods whilst under normal use within 12 months of the date of purchase from the Company.  Any settlement shall be limited to the supply of new goods in exchange for defective goods or the repair at our premises of defective goods.

10.   Liability: The Company cannot be held responsible for any consequential loss, no matter how caused.  Thus any claim will be limited to the value of the goods supplied less any discount taken.

11.   Payment: All goods ordered shall (unless otherwise agreed in writing) be paid at the time order is submitted.  If the customer has an account it will be paid for no later than the 20th of the month following the delivery date.  Accounts will be considered overdue after this date.  Please note if this account becomes overdue it will be passed to our debt collection agency which will incur additional fees.

12.   Risk and Retention of Title: Risk in the products supplied shall pass to the customer when the Company provides the products to the Company carrier delivery to the customer, or where applicable when the customer or its nominated carrier collected the products from The Company’s premises.  Save where the products are collected by the customer or its nominated carrier, the Company will ensure that the products are insured to their replacement value against loss or damage while in transit with the Company.  The Legal and Beneficial Ownership shall remain with the Company until payment of all debts arising from the transaction have been cleared.  This may include any debt balance on current accounts held by the buyer with the company.  If the said payment is overdue in part or in whole, the Company may recover or re-sell the goods or any part of the goods.  The Company agents may enter the customer’s premises for that purpose.

13.   Legal Costs: If the Company has to take legal action to recover a debt, the cost of such action, if successful, will be borne by the debtor.

These conditions form part of any contract concluded with the purchaser and shall be interpreted according to the law, which is declared to be the governing law of Northern Ireland and the customer must submit to the jurisdiction of the courts.

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