In these conditions the following expressions have the following meaning:-
‘SSP’ means Stage & Studio Projects Ltd
The ‘Customer’ means the person, firm, company and/or any other organisation who accepts a quotation from SSP for the sale of Goods or Supply of Services or whose order for such is accepted by SSP
The ‘Goods’ means the goods (including any instalment of the goods or any parts of them) and/or services which SSP is to supply in accordance with these conditions
The ‘Contract’ means the contract for the purchase and sale of the Goods
These Terms and Conditions supersede any Terms and Conditions proposed by the Customer and these conditions shall govern the Contract to the exclusion of any other Terms and Conditions. These Conditions may not be varied except with the written consent of SSP.
All and any business undertaken by SSP is transacted subject to the Conditions hereinafter set out. Should the Customer wish to contract with SSP otherwise than subject to these Conditions, special express arrangements shall only apply and be binding on SSP if made in writing and signed by a Director or Secretary of SSP. Should any of these Conditions conflict with any conditions stated in the Customer’s order then these Conditions shall prevail. Any conduct by the Customer in confirmation of any transaction with SSP after receipt by the Customer of an acknowledgement of order shall constitute unqualified acceptance by the Customer of these conditions.
Published prices are ex-works and are subject to change without notice. The prices of the Goods shall be SSP’s quoted price or, where no price has been quoted, the price listed in SSP’s published ex-works price list current at the date of despatch.
VALUE ADDED TAX
Prices quoted exclude Value Added Tax, or any other tax or duty payable by the Customer, and will be charged and paid by the Customer in accordance with the Value Added Tax and other appropriate legislation when the goods are despatched.
All orders require written confirmation. SSP reserve the right to refuse acceptance of an order particularly if an account is in arrears. No order may be cancelled without written consent. Such cancellation shall only be made upon terms that the Customer will indemnify SSP for any loss or damage resulting from such cancellation. Customers may be required and shall sign an order acknowledgement form detailing cancellation charges.
Customers without an account must make payment for the Goods and carriage by cash, cheque or bank transfer upon making the order. If payment is made by cheque, Goods will be released/delivered once the payment has cleared.
Where an order is £5,000 or less (net of VAT) 100% of the total contract value is required on receipt of the order. Where an order is in excess of £5,000 (net of VAT) PGSE require a deposit of 75% of the total contract value on receipt of order.
For new customers deposits are required with first order as above. Account facilities may be provided to Customers after completion and return of an application form; trade references may be required.
SSP reserves the right to refuse credit at any time and to withdraw credit facilities without notice. Where credit terms are granted, invoices are due for payment within 30 days of the invoice.
Where payments are not made on the due date SSP will be entitled to interest on the amount that is overdue at the Natwest Bank plc base rate prevailing for the period for which such monies are overdue together with 4% on a day to day basis.
SSP reserve the right to transfer the debt to a third party at any time. Any legal or other charges incurred in the recovery of monies or equipment shall be paid by the Customer
Notwithstanding delivery and passing of risk in the Goods or any other provision in these Conditions, the property of the Goods shall not pass to the Customer until SSP has received in full in cash or cleared funds the price of the Goods and the price of any other Goods supplied to the Customer in respect of which payment is outstanding. Until property in Goods passes from SSP to the Customer as aforesaid the Customer shall hold the Goods as bailee of SSP. Acceptance of Goods is deemed to be an acceptance of the clause and of these Conditions.
The risk in the Goods shall pass to the Customer immediately on delivery or handover to the Customer.
Goods correctly supplied may not be returned without SSP’s prior agreement. All returns require SSP’s Authorisation Number which must accompany the Goods and be quoted in any matters arising. Goods returned for credit should be in the original, unopened product packaging and in ‘as new’ condition. Under no circumstances will Goods that have been used be considered for credit. A returned Goods handling charge may be made particularly if the product packaging is opened. Goods are not supplied on a sale or return basis.
NON-DELIVERY, SHORTAGE AND DAMAGE CLAIMS
Any damage to Goods in transit should be notified within 2 days of receipt by the Customer; damaged goods and their packaging should be held for inspection. If Goods are not received within 7 days of the date of invoice, SSP should be notified immediately. SSP will replace any Goods which are found to be faulty or short-shipped provided that SSP are notified in writing detailing the fault or short shipment within 7 days of receipt by the Customer. SSP will not be liable for rectifying any such discrepancy or damage if notification is made more than 7 days after delivery.
Goods returned for repair are entirely at the Customer’s risk and should be notified to SSP in writing in advance. Repairs will only be undertaken upon written acceptance of our quotation. SSP does not accept responsibility for carriage. Repair of Goods under warranty can only be undertaken if a description of the fault is supplied.
SSP warrants to the Customer that the Goods supplied in accordance herewith will be free from defects in workmanship and materials for a period of 12 months from the date of despatch of the Goods. This warranty does not apply in the event of misuse or abuse of the Goods or as a result of unauthorised alterations or repairs. It is void if an original serial number is altered, defaced or removed. Any Goods for repair under warranty must be delivered carried paid to our premises with details of the SSP invoice identifying the sale thereof and the description of the fault.
SSP will endeavour to ensure that the information in any sales literature is correct. However, SSP cannot accept liability for discrepancies arising from the sale or use of Goods supplied. SSP shall be under no liability in respect of any defect arising from wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow SSP or manufacturer’s instructions, misuse, alteration or repair of the Goods without SSP’s written approval. SSP will be under no liability in respect to any defect if the total price of the Goods has not been paid by the due date.
SSP will not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is caused by circumstances outside the reasonable control of SSP. Without prejudice to the generality of foregoing the following shall be regarded as causes beyond SSP’s reasonable control: ‘Act of God’, explosion, flood, tempest, fire or accident, sabotage, civil disturbance or requisitions, acts, resolutions, by-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority, strikes, lock-outs or other industrial actions or trade disputes, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
The Customer shall indemnify SSP against all duties, taxes, payments, fines, expenses, losses, damages (including physical damage) and liabilities in excess of the liability of SSP in accordance with these Terms and Conditions suffered or incurred by SSP in the performance of its obligations under any Contract to which these Terms and Conditions apply including any liability to indemnify any other person or company including the customer.
These conditions and the Contract to which this document relates shall in all respects be construed and operate in accordance with English Law. These Conditions do not reduce or diminish any statutory rights or duties under the Sale of Goods Act (1979) and Supply of Goods and Services Act (1982) or Common Law rights of either party. All Contracts concluded with SSP shall be governed by English Law and any dispute arising out of any such act or Contract shall be within the exclusive jurisdiction of the English Courts.