In this document the following words shall have the following meanings:
- "Buyer" means the person who buys Goods
- "Goods" means the product to be supplied to the Buyer by the Seller;
- These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- Payment will be required before release of goods by the Seller. Custom ordered products will require a 50% deposit and the remaining 50% will be due upon completion once Buyer has approved final product appearance.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract for purchase.
Where a sample of the Goods is shown, the parties hereto accept that such a sample is representative in nature and may not be the exact product and may differ slightly as a result of the custom making process. All products are hand made therefore creating a one of a kind custom piece and look; no two items will be identical.
- Unless otherwise agreed in writing, delivery of the Goods shall take place at the address mutually agreed upon by the Seller & Buyer after the date of completion. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
- Any damages due to shipping should be reported to the Seller within 24 hours of signed receipt to enable replacement or refund.
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
RETURN OF GOODS
- All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods sold to the Buyer.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the purchase and the Buyer refunded for any deposit made.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, Pinellas County.