As from 1st July 2011 our conditions of trading will be as follows:
DEFINITIONS
"The Company" means Schofield Dyers and Finishers Ltd.
"The Customer" means the party dealing with the Company supplying goods or services.
"The Cloth" means any cloth fabric supplied to the Company.
"Goods" means any processed cloth, or other materials to be supplied by the Company to the Customer.
"Grey Cloth" means cloth in the state in which it is delivered to the Company.
"Month" means Calendar Month"
"Price List" means any price list of the Company currently in force and relating to the goods and services to be provided.
1 All quotations by the Company and all orders placed with the Company, whether pursuant to a quotation or otherwise, if accepted by the Company, shall be subject to these conditions and no understanding or agreement between the Company and the Customer which is not contained herein, or in a contract incorporating these conditions shall be binding upon the Company.
2 No variation or addition to any contract or these conditions shall take effect unless and until it is confirmed in writing by a Director or other duly authorised representative of the Company.
3 No oral quotation, undertaking, agreement, representation, warranty or other statement whatsoever shall be binding upon the Company unless it is confirmed in writing by a duly authorised representative of the Company.
4 Unless specifically indicated in the Company's quotation, all transactions are between the Company and the Customer as between principal and principal provided that the Company shall have the right to assign or sub-contract any of its right and obligations in respect of any order accepted by it.
5 These conditions shall override any terms and conditions stipulated, incorporated or referred to by the Customer whether in any Purchase order or in any negotiations leading up to, or otherwise preceding the formation of any contract between the Company and the Customer.
6 No waiver by the Company of any breach of these conditions, by the Customer, shall be considered as a waiver of any subsequent breach of the same or any other provision.
7 The headings contained in these conditions are for reference only and shall be disregarded interpreting these conditions.
1 The Company undertakes the responsibility for all Insurable Risk on the Customers goods, up to the value of the cloth as sent to them, while in process, or in transit to, or from, our premises if transported in the Company's own vehicles.
2 This cover ceases two weeks after the date of our note, advising that the goods are ready.
1 The Customer shall ensure that cloth delivered into the custody of the Company is in a proper condition for and is suitable for the processing or re-processing ordered in respect of it and that any sample submitted or approved by the Customer is suitable for the end use to which it is to be put and any further processing to which it may be subjected unless the Customer submits specific enquiries to the Company and accepts the Company's recommendations.
2 The Customer shall strictly observe and comply with all statutory requirements and other regulations and legislation whether of the United Kingdom, the European Union or otherwise which may, in any way affect or relate to any cloth delivered by it to the Company or any packaging or other material delivered within the cloth.
3 The Customer shall ensure that any cloth delivered by it to the Company and any packaging or other material therewith does not contain:-
3.1 Any substance or substances proscribed by any such statutory requirements, regulations and legislation including without limitation those substances listed in the list of proscribed substances published from time to time and known as "The Red List".
3.2 Any substance matter or thing which may, in any way, cause any harm, damage or injury to any plant, machinery, equipment or other property of the Company or of any other Customer of the Company or to any employee of the company or other such Customer or any member of the public with whom the same could be expected to effect.
3.3 The Customer shall be liable to the Company for, and shall fully indemnify the Company from and against any costs, claims, demands, damage, injury, loss, expenses, penalties, fines, impositions or other liabilities whatsoever (whether civil or criminal) which the Company may suffer, sustain or incur whether directly or indirectly and whether by itself or by reason of any liability of the Company to any third party (including its own employees) as a result of any breach, non-observance or non-performance by the Customer of any of its obligations under any of the foregoing provisions hereof.
1 Notwithstanding any requirements of the Customer express or otherwise, the Company claims and must be allowed a reasonable degree of variation in matching, shade and fastness and design and finish.
2 When cloth is to be matched to cuttings of different construction or of a different material or dyed with different classes of dyestuffs, a greater degree of tolerance is required.
3 When a sample has been approved or accepted by the Customer, the Company's responsibility shall be limited to providing a reasonable match to the sample.
4 Unless a specific undertaking with the regard to the degree of fastness for any particular purpose or in any particular conditions is given by the Company, no particular standard is implied by the acceptance of the order
1 The price of goods and services shall be the Company's quoted price list subject to the Company's right to notify the Customer at any time before delivery of an increase in the quoted price to reflect any increase in the cost to the Company which is due to any factor beyond the Company' control (such as, without limitation, any increase in the cost of labour, materials or other manufacturing costs),
2 Unless otherwise specifically stated, all quotations and prices are exclusive of Value Added Tax, packaging and delivery costs.
1 The Company shall be entitled to and will normally invoice its charges to the Customer as soon as the goods are ready for delivery or use and Invoices will be dated accordingly. Otherwise goods for delivery will normally be invoiced and dated on the day of despatch to the Customer.
2 Unless otherwise agreed in writing, the Customer shall pay the full amount shown to be due in the Company's invoice in cleared funds on or before the last day of the Month following the Month in which the invoice was issued.
3 If the Customer fails to make payment as required by these conditions then without prejudice to any other rights or remedies available to the Company, the Company shall be entitled to charge interest on the amount unpaid from the last day of the month next following that in which the invoice was issued to the date of payment, whether before or after any judgement, for the amount thereof at which ever be the higher of the rate of four percent per annum above The Bank of Scotland minimum lending rate and the rate of ten percent per annum
4 The Company shall be entitled to charge for storage, carriage, handling, re-wrapping, re-packaging, insurance etc in respect of any grey cloth and other materials left in the custody of the Company for more than three months without processing instructions and in all cases where grey cloth is removed from the Company before the Company has carried out any processing.
1 Any dates quoted for delivery of the goods are approximate only and the Company shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Company in writing. Where time is of the essence and the Company discovers flaws in the grey cloth which require investigation or special processing, the Company shall, on notification to the Customer, be entitled to such additional time as is reasonable to meet a revised delivery date.
1 The Company has a general and particular lien over all goods belonging to the Customer including, without limitation, cloth or grey cloth delivered to or in the custody of the Company for all claims and money owing by the Customer to the Company under any contract whatsoever and in any other way whatsoever until the Customer pays such amount as it owes the Company.
2 The Company shall be entitled to give the Customer not less than twenty one days notice in writing of its intention to sell any such goods and if the amount due is not paid by the Customer to the Company before expiration of such notice the Company may sell such goods or a sufficient quantity of them and may credit the proceeds of the sale against such amounts due, accounting to the Customer for any surplus proceeds, and for this purpose the Customer appoints the Company its duly authorised agent.
1 The liability of the Company in the event of any damage or fault caused by it shall be confined to the actual cloth damaged or defectively processed and shall be calculated in accordance with the next succeeding provisions of these condition
2 On notification of any claim from the Customer, the Company shall be under no liability for any damage fault or defective processing unless it shall have been afforded the opportunity of examining all alleged damage faults or defects before lengths are cut from pieces. Where cloth is returned to the Company, particulars of the damage faults or defects alleged must be given at the time with details of the identification mark and order number under which the cloth was original processed. The Company shall be under no liability unless this condition is strictly observed.
3 The Company shall be entitled to mend any cloth defectively processed by it and the Company shall not be liable for defects if the Customer does not offer such opportunity to it before taking any further action.
4 The Company shall not be liable for small faults, on apparel and furnishing fabrics, up to 3 metres in a 60 metre piece and the liability of the Company shall be limited to the value of the grey cloth up to a maximum of £6.00p/metre.
5 It is recognised that a higher percentage of damages occur in accessory fabrics and only claims of a serious nature will be considered.
6 The Company shall not be liable for any claims to Cashmere or Piece Dyed accessories.
7 The Company reserves the right to refuse to consider any claim or to make any allowance after shipment or disposal of the cloth by the Customer or by the Company on behalf of the Customer except in respect of defects not discernable by reasonable inspection of the cloth. The Company shall not be bound in any way by any settlement between the Customer and its Customer or by any survey or award between them unless the Company has agreed or been party thereto.
8 Irrespective of any charge, which may be made by the Company to the Customer in the event of the Customer desiring the Company to examine its cloth, the Company shall be under no liability for failure to discover faults other than those of its own making.
8.1 The Company shall not be liable for:-
8.1.1 Any damage to grey cloth left with it for longer than ninety days without processing instructions.
8.1.2 Defects in processed cloth which arise from deterioration during storage of grey cloth, either upon its own or other premises, prior to processing (unless due to the Company's negligence)
8.1.3 The Company accepts no responsibility or liability should the processing ordered by the Customer to be applied to the grey cloth be unsuitable for its end use and any further processing to which it may be subjected unless the Customer has declared full details of such end use and further processing when placing the order and has sought, accepted and acted upon the advice of the Company and the Company has specifically accepted such responsibility in writing.
8.1.4 The Company shall not be liable for damage or detriment to or deterioration of the finished cloth or make-up in respect thereof for which delivery instructions are not received within thirty days of its being ready for delivery
8.1.5 The Company shall not be responsible or liable for any loss which may be suffered sustained or incurred by the Customer arising from any damage to the cloth of the Customer unless it is proved that the same was caused by the negligence or default of the Company or its own employees and unless it is proved that the damage was caused whilst the cloth was in the actual custody of the Company and under its actual control.
8.1.6 In no event shall the Company be liable to the Customer for any other or further losses costs or damages suffered or incurred by the Customer as a result of failure to perform or breach by the Company of its obligations under any contract with the Customer including, without limitation any consequential or indirect loss or economic loss or damage, loss of profits, interest, business revenue or savings and loss of contracts and whether such losses or damages arise in contract tort or statute and whether as a result of negligence or otherwise.
Processing and deliveries may be suspended by the Company in the event of circumstances beyond the Company's reasonable its control, including without limitation, fire, breakdown of equipment, any form of industrial action, Act of God, civil disturbance, war or national emergency, lack of raw material, scarcity of labour, act of governmental or regulatory bodies, default or interference caused by others and the Company shall be under no liability for any delay, default, loss or damage due to any of the above causes or any other cause outwith the Company's reasonable control.