TRADING TERMS


Terms & Conditions of Supply

The following conditions are deemed to be incorporated in all Sales Contracts entered into by Amy Nicholas Ltd and represent the only basis upon which products can be supplied save to the extent that the conditions have been varied by express agreement in writing signed by both the customer and for and on behalf of Amy Nicholas Ltd by a Director. To the extent that these Terms and Conditions of Supply contradict any standard Terms and Conditions of the Customer then these Terms and Conditions shall prevail.

1 DEFINITIONS

a. "Customer" means the party identified as the Customer in this Agreement to whom AMY NICHOLAS may agree to supply products in accordance with these terms and conditions.

b. "AMY NICHOLAS" means Amy Nicholas Limited of The Studio, Lower Underhand Farm, Slaidburn Road, Newton-in-Bowland, BB7 3DL

c. "Products" means goods including but not limited to Interiors and Interior Design, Home Products and Services to be provided by AMY NICHOLAS to the Customer in accordance with these terms and conditions.

2 PRICE

a. Quoted prices include the cost of normal packaging but exclude delivery, transit insurance or installation prices (where applicable). Work carried out in addition to that specified in the relevant quotation or order shall be charged for.

b. All prices are exclusive of Value Added Tax and any similar taxes which will be applied in accordance with UK legislation in force at the tax point date.

c. Catalogues, Brochures and price lists issued by AMY NICHOLAS are intended only as an indication of price and range of products. These prices, descriptions and other details are correct at the time of issue but may be subject to changes by AMY NICHOLAS.

d. All quoted or listed prices are based on the cost to AMY NICHOLAS of supplying the products to the customer. If before delivery of the products there occur any increase in any way of such costs in respect of products, which have not yet been delivered, the price payable may be subject to amendment without notice at the discretion of AMY NICHOLAS.

3 TITLE OF GOODS

a. Immediately upon delivery to the customer of any products agreed to be sold by AMY NICHOLAS to the customer the customer shall become the bailee thereof and the legal title thereto shall be retained by AMY NICHOLAS as Bailor. Legal title in the products shall not pass to the customer unless and until the customer has discharged all its indebtedness to AMY NICHOLAS in respect of products. Until all indebtedness is discharged AMY NICHOLAS has the right to re-possess the products and reserves licence to enter the customer's (or subsequent buyers) premises for that purpose.

b. Not withstanding the terms above the customer shall be entitled before discharging its obligations to AMY NICHOLAS to resell the products or any of them.

c. Upon such resale the customer shall hold the proceeds of sale upon trust for AMY NICHOLAS until such time as the customer's indebtedness to AMY NICHOLAS under any contract of sale entered into between them or otherwise shall have been discharged. Similarly the benefit of any insurance proceeds should the products become damaged shall be held on trust for AMY NICHOLAS until such time as all the customer's indebtedness to AMY NICHOLAS has been discharged.

4 DESPATCH

a. Any time quoted for despatch is to be treated as an estimate only and despatch may be postponed because of conditions beyond the reasonable control of AMY NICHOLAS. In such an event AMY NICHOLAS shall not be held liable for any damages or penalty for delay in despatch or delivery.

b. Risk passes to the customer on despatch and AMY NICHOLAS accepts no liability for loss or damage caused by the courier.

c. It is the responsibility of the customer to check the products for damage on receipt. If products are damaged, or there are any discrepancies between the delivery note, the order, and the products the customer must notify AMY NICHOLAS within 24 hours of delivery.

d. If proof of delivery is required, this must be requested within 7 days of the date of the invoice.

5 PAYMENT TERMS

a. Invoices will be dated on or after the date of despatch of the products or completion of the project. Unless otherwise specifically negotiated and agreed, invoices will be payable by the customer, after initial deposit, 7 days from the date of the invoice. Payments that are not received by this date will be considered overdue.

6 RETURN OF PRODUCTS

a. AMY NICHOLAS is unable to accept the return of merchandise without prior consent. Before returning merchandise AMY NICHOLAS must be notified in writing, with the details included of the merchandise, the invoice number and date. Authorisation for returns, if appropriate, will then be given. In relation to Interior/home products, authorisation will only be given if the item is complete with all accessories etc., is in brand new condition, and is in its original packaging.

b. AMY NICHOLAS reserves the right to levy an administration charge in respect of the return of products.

c. AMY NICHOLAS reserves the right to reject any products returned which do not comply with the conditions laid out above.

7 CANCELLATION

a. The customer shall be liable for any non-recoverable costs incurred by AMY NICHOLAS should the customer cancel any order it has placed with AMY NICHOLAS. All cancellations must be confirmed in writing within 48 hours of any oral notification. Cancellations will only be considered if made at least 12 hours before the despatch of the products and shall be subject to acceptance by AMY NICHOLAS.

b. AMY NICHOLAS may withhold or cancel further orders or any deliveries under the contract of sale and may recover all losses resulting therefore if the customer:

i. fails to make payment on the due date under any contract with AMY NICHOLAS

ii. enters into a composition with its creditors, or (being a company) has a receiver appointed or passes a resolution for winding up or if a Court shall order it to be wound up, or commits an available act of bankruptcy

iii. is in breach of any items and conditions contained herein

8 FORCE MAJEURE

a. AMY NICHOLAS reserves the right to cancel, vary or suspend the operation of contract of sale if events occur which are in the nature of force majeure including (but not limited to) fire, floods, storm, shortage of materials or labour.

9 CONSEQUENTIAL LOSS

a. AMY NICHOLAS Limited excludes Consequential and Indirect Loss from our Terms & Conditions.

10 LAW

a. These terms and conditions shall be subject to English Law.

11 LIABILITY

a. AMY NICHOLAS Limited excludes Economic, Consequential and Indirect Loss from our Contract terms and conditions. AMY NICHOLAS liability under contract is restricted to either £10,000.00 or three times the fees, whichever is lesser.