terms & conditions

terms & Conditions

Prices
The prices payable for the goods shall be those in the price list current at the time of order.  Many Beautiful Designs reserves the right to revise all prices and specifications.

Delivery
a) Delivery dates mentioned in any acknowledgement of order or elsewhere are approximate only and are not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on particular date or dates. Unless otherwise expressly agreed the Seller may effect the delivery in one or more installments. Each installment shall be treated as a separate contract.


b) Delivery shall be at the Buyer’s premises unless otherwise agreed by Many Beautiful Designs. Goods dispatched by Many Beautiful Design’s normal next day carrier services are subject to a standard carriage charge, goods dispatched by special delivery of whatever kind at the Buyer’s request are subject to a carriage surcharge.


c) If the Buyer refuses or fails to take delivery of goods tendered Many Beautiful Designs, Many Beautiful Designs shall be entitled to terminate the contract with immediate effect or to dispose of the goods as it may determine and Many Beautiful Designs reserves the right to recover from the Buyer a minimum handling fee of 15% of the total price of such goods  which shall be paid by the Buyer within 15 days of the date of invoice.

Variation and Returns
Many Beautiful Designs shall be deemed to have fulfilled its contractual obligations in respect of any delivery though the quantity may be up to 10% more or less than the quantity specified in the contract (seconds stock only) and in such event the Buyer shall pay for the actual quantity delivered. Save as provided herein no return of goods will be accepted unless authorized by Many Beautiful Deigns prior to dispatch and Many Beautiful Designs reserves the right to charge the minimum handling fee specified in 4 (c) above except in the case of faulty goods.

Liability
a) Many Beautiful Designs shall not be liable to the Buyer:
i) For shortages in quantity delivered unless the Buyer notified Many Beautiful Designs of such claim within 2 days of receipt of the goods.
ii) For damage to or loss of the goods or any part thereof in transit unless the Buyer shall notify Many Beautiful Designs of any such claims within 2 days of receipt of the goods.
iii) For defects in the goods caused by fair wear and tear, abnormal condition of storage or use or any act, neglect or default of Many Beautiful Designs or of a third party and
iv) For other defects in the goods unless notified to Many Beautiful Designs within 2 days of receipt of the goods by the Buyer provided that no liability shall be attributed to the Seller where goods have been embroidered/printed on or have changed their form in any way what so ever.
v) Where liability is accepted by the Seller under 7 (a) Many Beautiful Designs only responsibility shall be at its option to make good any shortage or non-delivery and/or to replace any goods found to be damaged or defective and/or refund the cost of such goods.
vi) Many Beautiful Designs aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods which give rise to such liability as determined by the net price invoiced to the Buyer in respect of any occurrence or series of occurrences.
b) Subject to the foregoing all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the goods are hereby excluded and the Seller shall be under no liability to the Buyer for any loss damage or injury direct or indirect resulting from defective material, faulty workmanship or otherwise however arising and whether or not caused by negligence of the Seller, its employees or agents.

Force Majeure
Many Beautiful Designs shall not be liable to the Buyer for loss or damage suffered by the Buyer as a direct/indirect result of the supply of goods by Many Beautiful Designs being prevented, hindered, delayed or rendered uneconomical by reason of circumstances or event beyond Many Beautiful Designs reasonable control.

Insolvency and Default
If the Buyer enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or if an order is made or a resolution passed for the winding up of the Buyer or if a receiver is appointed over any of the Buyers assets or undertakings or if the Buyer takes or suffers any similar or analogous action in consequence of debt or commits any breach of this or any other contract between Many Beautiful Designs and the Buyer Many Beautiful Designs may without prejudice to any of its other rights stop any goods in transit and/or suspend further deliveries and/or determine the rights of the Buyer under condition 5 and/or by notice in writing to the Buyer determine the contract.

Governing Law
The contract shall be governed by and constructed in accordance with English Law; the parties submit to the jurisdiction of English Courts.

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