DAVID SCOTT (AGENCIES) LTD
Terms and Conditions of Sale
Introduction
These Terms and Conditions govern the sale of all goods and services supplied by David Scott (Agencies) Ltd. ("DSA", "we", "us" or "our").
By placing an order with DSA, you agree to be bound by these Terms and Conditions.
Nothing within these Terms and Conditions affects your statutory rights.
- Agreement and Definitions
These Terms and Conditions form the agreement between David Scott (Agencies) Ltd. ("DSA", "we", "us" or "the seller") and the customer.
A customer includes any company, employee or individual who communicates with DSA, verbally or in writing, with the intention of purchasing goods or services, whether for themselves or on behalf of another party.
These Terms and Conditions replace any previous agreement, understanding or arrangement, whether verbal or written.
- Prices, VAT and Exchange Rates
• All quotations are based on supplier prices, freight costs, import costs and the Sterling/Euro exchange rate applicable at the date of quotation. DSA reserves the right to amend prices before an order is accepted where supplier prices, freight charges, import costs or exchange rates have changed.
• Unless stated otherwise, all quoted prices exclude Value Added Tax (VAT), which will be charged at the applicable rate when invoiced.
• Compound interest at 2.50% per month may be charged on overdue accounts.
- Orders, Authority and Quantities
• By placing an order with DSA, you confirm that you have the authority, permission and sufficient funds required to enter into and complete the contract.
• Quantities included within quotations are provided as estimates only and are based on the information supplied by the customer. It remains the purchaser's responsibility to verify all measurements, quantities and product suitability before placing an order.
• If additional goods are required, DSA will endeavour to supply them at the original quoted rate. However, where supplier prices, freight costs, haulage charges or other supply costs have increased, the purchaser will be responsible for any resulting increase in price.
- Product Variation, Samples and Natural Materials
Tiles and other products manufactured from fired or natural materials may vary in shade, size, finish and appearance from batch to batch. Showroom displays and samples may not match the stock held by DSA or the manufacturer at the time of order.
• Customers should purchase sufficient material from a single batch to complete their project, as matching shade or calibre may not be available at a later date.
• The purchaser must inspect all tiles and ensure an acceptable blend before fixing. No claim can be accepted once tiles or other materials have been installed.
• Where tiles or special pieces are cut to order, DSA will make every reasonable effort to meet the specification. However, acceptable manufacturing tolerances may apply.
• Natural stone is a naturally occurring product and may vary from displays or samples due to geological variation.
• Natural stone is porous to varying degrees and must be sealed appropriately. DSA can provide technical data sheets on request; however, the customer remains responsible for ensuring the correct treatment and maintenance procedures are followed.
• Scratching, natural pitting, veining, fossilisation and minor chipping are inherent characteristics of natural stone and shall not be regarded as defects or grounds for rejection.
- Deposits, Payment and Account Facilities
• Customers without approved account facilities must pay a 50% deposit to confirm an order. The remaining balance must be paid in full before goods are despatched.
• DSA reserves the right not to order special-order items or reserve stock until cleared funds have been received.
• Use of DSA's monthly account procedure shall be deemed acceptance of these Terms and Conditions.
• Where a customer with account facilities has an overdue balance, DSA may withhold delivery or refuse to despatch any order, in whole or in part, until the outstanding balance has been paid in full.
• DSA reserves the right to require payment in advance for goods awaiting despatch and may amend trading terms or withdraw account facilities where considered necessary.
- Lead Times, Stock Reservation and Storage
• DSA recommends allowing a minimum lead time of six weeks for goods requiring special order.
• Lead times are estimates only and are based upon information provided by manufacturers and suppliers. Whilst DSA will make every effort to keep customers informed, lead times may change without notice and do not form a binding commitment.
• Customers should not arrange installation until all goods have been received, inspected and confirmed as satisfactory.
• Stock items may be reserved for a maximum period of eight weeks and must be paid for in full before despatch.
• If an order is not completed within the eight-week reservation period, DSA may cancel the reservation and make the goods available for sale.
• Special-order goods must be collected or delivered within eight weeks of arrival at DSA's warehouse. Goods remaining beyond this period may, at DSA's discretion, incur storage charges of £5.00 per pallet per week, excluding VAT.
• Where delivery has not previously been quoted or invoiced, delivery charges may be applied separately.
- Delivery, Risk and Inspection
Delivery times are estimates only and do not form an essential term of the contract. DSA shall not be liable for any loss, damage or costs arising from delays, prevention or hindrance caused by circumstances beyond its reasonable control, including delays relating to supplier shortages, transport issues or additional goods required after the original order has been placed.
• For deliveries outside the United Kingdom or Ireland, customers must confirm with DSA that delivery can be arranged before placing an order.
• Orders shipped outside the United Kingdom may be subject to import duties, taxes or customs charges imposed by the destination country. These charges are the responsibility of the customer and must be paid before delivery where applicable.
• Delivery is normally made to an easily accessible ground floor room or garage.
• The customer is responsible for ensuring safe, suitable and unobstructed access is available for delivery. Where specialist lifting equipment or additional assistance is required, this must be arranged by the customer prior to delivery.
• Third-party haulage deliveries may require off-loading by the customer or their agents using suitable lifting equipment such as a forklift. Where this is not available, goods may be off-loaded by tail lift to the nearest safe and level access point at the driver's discretion.
• If safe access is unavailable, delivery may be made to the nearest safe kerbside location, after which responsibility for moving the goods rests with the customer.
• For insurance reasons, goods cannot be carried up or down internal staircases. For health and safety reasons, baths will not be carried up or down external steps.
• Deliveries are normally made between 8.00am and 5.00pm, unless otherwise agreed.
• If delivery cannot be completed because the customer or site is not ready to receive the goods, and DSA agrees to rearrange delivery, the customer will be responsible for any additional delivery, storage or cancellation charges incurred.
Passing of Risk
Risk in the goods passes to the customer as follows:
• Where goods are collected by the customer or their agent, risk passes when the goods leave DSA's premises.
• Where DSA delivers the goods or arranges delivery through a third-party contractor, risk passes when the goods are safely off-loaded at the agreed delivery location.
The customer or their representative must notify DSA in writing within three working days of delivery if any goods are missing, incorrect or damaged in transit. Claims must include suitable photographic evidence.
Claims submitted after this period will not normally be accepted. If goods have been moved from their original delivery location before inspection, DSA reserves the right to reject any subsequent claim.
- Signing for Goods and Site Responsibility
Goods must be signed for by an authorised person on site. By signing the delivery documentation, the signatory confirms that the goods listed have been received in the correct quantity, colour, finish and apparent condition.
• If the customer will not be present, they should nominate an authorised representative and provide DSA with that person's name before delivery.
• If no authorised representative has been nominated, DSA or its delivery contractor may reasonably treat any person present who accepts the goods as having implied authority to sign on the customer's behalf.
• Signature of the delivery documentation by the customer or their representative shall constitute proof of delivery of the goods listed.
• Signing for goods as "unchecked", "not examined" or using similar wording shall not extend the notification periods set out within these Terms and Conditions.
• Once goods have been signed for in good condition, responsibility for their safe storage and protection passes to the customer. DSA accepts no responsibility for damage occurring after delivery as a result of unsuitable storage or handling.
- Returns, Cancellations and Non-Returnable Items
• Full, unopened units of stock goods surplus to the purchaser's requirements may be returned to DSA, at the customer's expense, within 30 days of receipt.
• Returned goods must be accompanied by the relevant invoice or delivery note, remain in their original packaging and be in a condition suitable for immediate resale.
• Eligible returns will be credited at the original purchase price paid. DSA reserves the right, at the discretion of the Managing Director, to deduct any costs reasonably incurred in collecting, handling, inspecting or restocking the returned goods.
• Goods that are specially ordered or not normally held in stock are non-returnable, except where required by law.
Nothing within this section affects the customer's statutory rights.
- Title, Non-Payment and Repossession
Ownership of the goods shall remain with DSA until full payment has been received for all goods supplied under the contract.
• Until ownership passes, the purchaser shall keep the goods separately identifiable and stored in such a way that they remain recognisable as the property of DSA.
• The customer may not sell, transfer or otherwise dispose of goods before ownership has passed, unless expressly authorised by DSA.
• If payment is not made when due, and DSA has provided reasonable written notice together with an agreed timeframe for access, the customer shall permit DSA, its employees or authorised agents to enter the premises and recover goods to the value of the outstanding debt together with any reasonable costs incurred.
• Where goods are held at third-party premises, the customer shall, within seven days of written request, arrange for the goods to be returned to DSA at their own expense.
- Default, Insolvency and Suspension of Deliveries
Where an order is to be supplied by instalments or multiple deliveries, and payment is not made when due under this or any other contract between DSA and the purchaser, DSA may suspend further deliveries until all outstanding balances, together with any applicable interest or charges, have been paid.
If the purchaser breaches these Terms and Conditions, enters administration, liquidation, insolvency, bankruptcy or any similar process, DSA reserves the right to suspend deliveries, stop goods in transit or terminate the contract without prejudice to any other legal remedies available.
- Liability
Nothing in these Terms and Conditions limits or excludes liability where such limitation or exclusion would be unlawful.
Subject to the above, DSA's total liability to the purchaser, whether arising in contract, negligence, breach of statutory duty or otherwise, in relation to any goods supplied, shall not exceed the invoice value of the particular goods giving rise to the claim.
DSA shall not be liable for any indirect or consequential loss, loss of profit, loss of business, loss of anticipated savings or any other financial loss arising from the supply, delay in supply or use of the goods, except where liability cannot legally be excluded.
- Damaged, Incorrect or Defective Goods
DSA will replace goods free of charge where they have been incorrectly supplied or damaged in transit during delivery, provided a written claim is received within three working days of delivery.
• Claims relating to shortages, defects, quality, condition or non-compliance with specification must be made in writing within three working days of delivery.
• Where a shortage, defect or non-compliance is accepted, DSA will, at its option, make good the shortage or replace the defective goods free of charge.
• Claims cannot normally be accepted where goods have been signed for in good condition without qualification. Customers should inspect deliveries carefully before signing wherever reasonably possible.
• If damage is discovered after delivery and the delivery note was not marked accordingly, the customer must notify the relevant member of the sales team by email using the subject line:
"Damaged Goods – Sales Order XXXXX"
The email should include:
* A full description of the issue.
* Clear photographic evidence of the damage.
* Details of the affected products.
• If DSA accepts the claim, written confirmation will be provided together with instructions regarding the return or disposal of the goods.
• Goods must remain in their original condition and packaging wherever reasonably possible and must not be installed until DSA has completed its investigation.
- Inspection, Warranty and Statutory Rights
If goods are reported as unfit for purpose, faulty or defective, DSA must be given a reasonable opportunity to inspect the goods, including inspection on site where appropriate.
Goods must not be removed, altered or destroyed before inspection without DSA's prior agreement.
If investigation establishes that the reported issue is not due to a manufacturing defect, material fault or any responsibility on the part of DSA, DSA reserves the right to charge for any inspection or call-out costs reasonably incurred.
All goods supplied by DSA benefit from the manufacturer's warranty where applicable.
Where DSA reasonably believes a reported defect falls within the manufacturer's warranty, the matter may be referred to the manufacturer for investigation. The manufacturer may appoint a representative to inspect the goods and the customer agrees to cooperate fully with both DSA and the manufacturer during that process.
The manufacturer's warranty does not normally cover:
• Damage occurring during installation.
• Accidental or malicious damage.
• Incorrect installation.
• Improper use.
• Failure to follow installation instructions.
• General wear and tear.
• Consequential loss.
Original proof of purchase must be retained for all warranty claims.
Visible cosmetic defects or damage that would reasonably be apparent before installation must be reported before installation takes place. DSA cannot accept responsibility for cosmetic defects identified after installation.
Where DSA is satisfied that goods are defective due to faulty manufacture or materials, DSA may, at its discretion:
• Repair the goods;
• Replace the goods; or
• Supply an equivalent alternative where the original product is no longer available.
Goods must be installed strictly in accordance with the manufacturer's instructions and, where appropriate, by suitably qualified installers.
Bathroom products must also comply with all applicable Water Regulations and local by-laws.
Failure to follow the manufacturer's installation or maintenance instructions may invalidate the manufacturer's guarantee.
The manufacturer's guarantee does not cover:
• Limescale.
• Corrosion.
• Mould.
• Mildew.
• Damage resulting from inappropriate cleaning products or cleaning methods.
The manufacturer's guarantee extends only to the products and replacement parts supplied.
DSA accepts no liability for labour costs, removal costs, refitting costs or any associated expenses relating to replacement goods unless otherwise required by law.
Nothing within these Terms and Conditions replaces or restricts the customer's statutory rights.
Customers requiring further information regarding their statutory rights should contact Trading Standards or Citizens Advice.
- Claims for Faulty or Misdescribed Goods
If goods are alleged to be faulty, defective, unfit for purpose or not as described, the customer must notify DSA in writing within 14 days of receipt.
The notification should:
• Clearly describe the complaint.
• Identify the affected goods.
• Include any supporting evidence, including photographs where appropriate.
The customer must take reasonable care of the goods while any investigation is ongoing.
DSA will acknowledge the complaint and aim to respond within five working days, either accepting the claim, requesting further information or explaining why the claim has not been accepted.
Goods must not be returned unless DSA has agreed the return in writing.
Where a return is authorised:
•
Goods should be returned within 14 days of written acceptance.
•
Goods should, where reasonably possible, remain complete, unused and in their original packaging.
•
Goods must be packaged appropriately to prevent damage during transit.
If returned goods have been installed, modified, damaged or used whilst in the customer's possession, DSA reserves the right to reduce any refund to reflect their condition or, where permitted by law, refuse a refund.
DSA cannot issue refunds for goods damaged whilst in the customer's possession unless the damage forms part of the accepted complaint.
Where a refund is due, it will normally be processed within 14 days of receiving the returned goods.
Where requested by the customer, DSA may instead supply replacement goods or an equivalent alternative.
Returns should, wherever possible, include:
• A copy of the invoice or receipt.
• The order number.
• Customer name and address.
• Contact details.
• A brief explanation of the reason for return.
- Supply and Fix Services
DSA does not provide supply-and-fix services unless the quotation expressly states otherwise.
From time to time, DSA may provide customers with the contact details of independent tradespeople, including tilers, plumbers or electricians. These recommendations are provided solely as a goodwill gesture. Such individuals or businesses are not employees, agents or subcontractors of DSA, and customers engage them entirely at their own risk. DSA accepts no responsibility or liability for their workmanship, conduct or contractual obligations.
Where DSA has specifically agreed to supply and install goods:
• Full payment for all goods must be received before installation commences.
• Labour charges become payable immediately upon satisfactory completion of the works, unless otherwise agreed in writing.
• The customer will be charged for all materials used, including reasonable wastage, even where final quantities differ from those originally estimated.
- Abuse of Staff
DSA is committed to providing a safe and respectful working environment for all employees.
DSA will not tolerate verbal, written, electronic or physical abuse, harassment or threatening behaviour towards any member of staff, whether in person, by telephone, email, social media or any other form of communication.
Where such behaviour is directed towards any employee, contractor or representative of DSA, the Company reserves the right to:
• Suspend work immediately.
• Refuse further communication other than in writing.
• Cancel outstanding orders.
• Terminate the contract where appropriate.
• Refuse to accept future orders from the customer.
Where DSA terminates the contract for this reason, the customer shall be entitled to a refund only for goods or services not yet supplied, less any reasonable costs and losses incurred by DSA up to the date of termination.
Nothing within this clause affects any other legal rights available to DSA.
- Third-Party Rights, Transfers and Enforcement
• These Terms and Conditions do not confer any rights on third parties under the Contracts (Rights of Third Parties) Act 1999 except where a manufacturer's guarantee has been validly transferred.
• DSA may transfer or assign its rights and obligations under these Terms and Conditions where such transfer does not adversely affect the customer's rights.
• The customer may not assign or transfer any rights or obligations under these Terms without DSA's prior written consent.
• If any provision within these Terms and Conditions is found by a court or competent authority to be unlawful, invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Any delay by DSA in exercising any right or remedy shall not constitute a waiver of that right or prevent it from being exercised at a later date.
- Force Majeure
DSA shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control.
Such circumstances include, but are not limited to:
• Acts of God.
• Fire.
• Flood.
• Severe weather.
• War.
• Terrorism.
• Industrial disputes.
• Shortages of labour or raw materials.
• Transport disruption.
• Failure of suppliers or manufacturers.
• Pandemics or epidemics.
• Government action or changes in legislation.
• Utility failures.
• Any other event beyond DSA's reasonable control.
Where such circumstances occur, DSA shall make every reasonable effort to minimise the impact and resume performance as soon as reasonably practicable.
- Changes to these Terms and Governing Law
DSA may revise these Terms and Conditions from time to time to reflect:
• Changes in legislation.
• Changes in market conditions.
• Technological developments.
• Changes to payment methods.
• Changes to our products or services.
• Other legitimate business requirements.
The latest version of these Terms and Conditions will always be published on the DSA website.
Regardless of the destination of the goods, all contracts entered into with DSA shall be governed by and interpreted in accordance with the laws of Northern Ireland.
Any disputes arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts of Northern Ireland.
- Privacy and Personal Information
DSA will process personal information in accordance with its Privacy Policy, which is available upon request and via our website.
Personal information supplied by customers will be used only for purposes including:
• Supplying products and services.
• Processing payments.
• Managing customer accounts.
• Providing customer support.
• Contacting customers regarding existing orders.
• Where consent has been given, providing information regarding similar products or services offered by DSA.
Customers may withdraw their marketing consent at any time by contacting DSA.
DSA will disclose personal information only where required or permitted by law, or where necessary for the performance of the contract, including delivery providers, payment processors or other trusted service providers acting on DSA's behalf.