1. IN THESE CONDITIONS

‘BUYER’ means the person who accepts a quotation of the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller. ‘GOODS’ means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these conditions. ‘SELLER’ means Home Ceramics. ‘CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller. ‘CONTRACT’ means the contract for the purchase and sale of the goods. ‘WRITING’ includes telex, cable, facsimile transmission and comparable means of communication. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, red-enacted or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect the interpretation.

2. OPERATION AND JURISDICTION

All goods and services offered by the Company are offered subject to our standard Conditions of Sale as herein unless specifically varied by us in writing. Orders are accepted by us only on the terms that these Conditions of Sale shall be deemed to be incorporated in any contract arising there from. Conditions sought to be imposed by the customer which conflict with these Conditions of Sale shall be inapplicable to any contract. These Conditions of Sale shall be construed and operated in accordance with English Law and any contract incorporating these Conditions of Sale shall be subject to the exclusive jurisdiction of English Courts. The placing of an order by or on behalf of a customer shall under no circumstances whatsoever impose any legal binding obligation upon us (the Seller).

3. LIMIT OF LIABILITY

a. All warranties, guarantees and conditions other than those herein, expressed or specifically referred to whether implied by Common Law, Statute, and Custom of the Trade or otherwise are hereby expressly excluded. This clause does not affect the statutory rights of a customer who is a ‘consumer’ within the meaning of the Unfair Contract Terms Act 1977.
b. The Seller shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the Buyer.
c. The Seller shall be under no liability in respect of any defect from fair wear and tear, wilful damage, negligence, abnormal working or storage conditions, failure to follow the Sellers instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Sellers approval.
d. Goods supplied may safely be used for the purpose specified and within the limitations set out in our current literature providing normally accepted methods of use are employed. We accept no liability where goods are used other than for the purpose specified and within the limitations set out in our current literature, unless we have previously received details of the intended use of the Goods and submitted in writing to the customer our specific recommendations.
e. Subject to the terms of the Consumer Protection Act 1987 the Seller shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises form a breach of a duty in Contract or Tort or in any other way including loss arising out of the Sellers negligence.

4. DESCRIPTIONS, SPECIFICATIONS AND PERFORMANCE

a. All descriptions, specifications, drawings and illustrations contained in Catalogues and Advertising matter and similar information given verbally is published for general guidance only and no warranty or guarantee of any is to be implied by such publication nor is such information to form part of any contract.
b. Data provided by us with regard to the properties of materials or the performance of machinery and equipment is based on the results we normally expect under test conditions and no warranties or guarantees are to be implied unless given in writing for specific batches of materials or specific items of equipment or machinery.
c. In accordance with our policy of constantly improving products we reserve the right to change specifications or delete any item from our catalogue or other sales literature without prior notice.

5. HEALTH & SAFETY

In general, ceramic colours and glazes are suitable for use on items that come into contact with food and drink. However, regulations change and may indeed vary from country to country and we therefore recommend that all products are checked and tested for suitability for their intended use.

6. MATERIALS

All materials should be tested on receipt and the customer should ensure before using the bulk that the materials are satisfactory and meet any particular requirements. Providing we are notified within 14 days of delivery we will exchange any materials found to be unsatisfactory but our liability is limited to the necessary cost of such testing and exchange. If the customer should fail to give any such notice, the materials shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept the same accordingly.

7. MACHINERY, KILNS AND EQUIPMENT

If any article or part should be found to contain any defect due to faulty workmanship or material (fair wear and tear excepted) we undertake to replace the defective article or part free of all material and labour costs. If agreed that we repair the particular items in situ then we reserve the right to make a charge to cover the relevant travelling expenses.
The condition applies providing that:
i) - We receive full information regarding the defect within 12 months of delivery.
ii) - If requested by us the defective article or part is promptly returned to us, properly labelled for identification and at our customers risk and expense.
iii) - The defective article or part has not been repaired, modified or interfered with in any way.
iv) - The article or part has not been subjected to excessive wear due to overloading or abuse and in case of kilns the operating temperature has not at any time exceeded the designed maximum temperature as stated on the specification plate affixed to the Kiln.

8. DELIVERY

Any time or date for delivery is given in good faith but is an estimate only and we shall not be liable for the consequence of any delay, however caused.

9. CARRIAGE

a. Where the price of goods specifically includes delivery or a separate quotation is given for delivery, then the goods or materials will be delivered at our cost and at our risk to the customer’s premises.
b. Save in the above circumstances, goods and materials supplied to the customer will be at the customer’s risk immediately on delivery to the customer or into custody on the customers behalf which ever is the sooner.
c. Property in the goods will only pass to the customer of all sums then owing to us and the customer hereby agrees to hold the goods as trustee and/or for our benefit until such payment. If the customer sells the goods or any articles manufactured from the materials, before payment, he shall sell them on our behalf as beneficial owner and he shall hold the proceeds of the sale on the trust for us.

10. LOSS OR DAMAGE IN TRANSIT

Where goods are supplied on carriage paid terms we will replace or at our option and at our expense make good any item or part thereof, lost or damaged in transit, provided that:
(a) in the case of non-delivery within 14 days of despatch, the customer gives notice to us in writing.
(b) in the case of damage of goods, the carriers receipt should be endorsed appropriately and the customer must give notice to us in writing within 3 days of receipt, stating the nature of the damage and if so required by us, return the damaged item or part at customers risk and expense in which case, we undertake, subject to our prior approval of the carrier, to reimburse the cost of carriage. If we are not so advised within 3 days of receipt, of goods we cannot accept any liability for damage to the goods.

11. PRICES

a. Prices in our current catalogue and price list supersede those given in previous publications and are subject to alteration without notice. Such prices include any given verbally are intended for guidance only and unless otherwise agreed in writing, orders will be invoiced at prices ruling at date of despatch.
b. Unless otherwise stated all quotations are mad without engagement. No binding contract shall be created by the acceptance by the customer of a quotation unless otherwise stated.
c. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

12. PAYMENT

We will allow credit to other customers by prior arrangement and on production of acceptable trade and bankers references. Payment of credit accounts to be made within 30 days of invoice. Non compliance will result in automatic withdrawal of credit facilities.

13. INTEREST ON OVERDUE ACCOUNTS

If accounts are not paid within the specified period, we reserve the right to charge interest at the rate of 0.5% per month, or part of a month on any amounts overdue.

14. AGENTS AND DISTRIBUTORS

The Company reserves the right to pass on customers orders to associate companies, officially appointed agents, or distributors who will accept the order in accordance with these Conditions of Sale.

15. CANCELLATION FEE

The company reserves the right to charge a fee of 10% where orders are cancelled without due reason.

16. GENERAL

If any provision of these conditions is held by any competent authority to be invalid or un-enforcable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.