terms & conditions

1.GENERAL

Leather Clinic London is legal division of Alma Home. All terms and conditions concerning Alma Home apply directly to Leather Clinic London.

(a) “The company” shall mean ALMA HOME.

(b) “The customer” shall mean the person, company or business represented who place an order with the company for goods.

(c) “Goods” shall mean all the articles and such things supplied under any contract between the customer and the company.

(d) Unless otherwise specifically agreed in writing by the company  and signed by a director, all sales are subject to the following terms and conditions, the company reserves the right to correct any clerical error made by its employees.

(e) No claim may be brought against the company when its acts purely as an agent.

 

2. PRICE

Unless otherwise quoted the price of the goods will be the published current price at the date of the dispatch plus VAT. The company, in its absolute discretion and without notice, may increase prices because of increases in labour and material costs, exchange rate fluctuations and import duty variations.

 

3. ACCEPTANCE

An order is accepted either in writing or by delivery of the goods whichever event first occurs. An order so accepted cannot be cancelled without the written agreement of the company in which case requests for cancellation must be made eight weeks before the delivery date.

 

4. DELIVERY

Indicated delivery dates are estimates only. Delay in delivering the goods will not allow the customer the right to repudiate the contract or reject the goods. The company shall be entitled to make partial deliveries and to invoice on this basis.

 

5. PRODUCT

The company neither guarantees suitability of goods for a particular purpose nor accepts responsibilities for latent defects after the goods have been further processed. Further any damages arising in the course or manufacturing of from the use of the goods will be the customer’s responsibility. Further no guarantee of colour fastness or match is given. Orders based upon a specific colour specification are acceptable in the specified quantity with a tolerance of 10%. Again where mixed quality is ordered there is a permitted tolerance of 10% when allocating the goods of the various grades, but in any event the cost of the goods will be determined by actual measurement, where subsequent shrinkage of a maximum of 3% is permissible.

 

6.FORCE MAJEURE

All orders are accepted subject to delay or failure in delivery resulting from force majeure, including without limitation war, demands or request of government authorities, strikes, shortage of labour, fuel, power, raw materials, late or defective performance or non performance by suppliers, transportation disruptions, inability to ship or other causes beyond the company’s reasonable control.

 

7. TERMS OF PAYMENT

(a) Cash with orders unless

(b) The customers have an approved credit account when payment is due 30 days from the date of the invoice (“the payment date”).

(c) The invoice must be paid in full unless the customer holds a valid credit note the value of which may be deducted.

(d) Discounts will be disallowed on invoices if unpaid by the payment date in which case the invoice will be considered overdue.

(e) Overdue invoices will occur interest at 2.5% per month calculated from the date of the invoice and compounded at monthly rests.

(f) In the case of several overdue invoices the interest will be calculated by reference to the highest balance in the target month.

 

8. TITLE

(a) Except as otherwise provided below, the title to the goods shall remain in the company until the company has received payment in full of the purchase price together with interest and other sums, if any, due under the contract.

(b) The customer shall store the unpaid goods separately from other stock and identify the said goods as property belonging to the company.

(c)  If the customer shall manufacture from the goods new objects (“New Objects”)

The new objects will be owned by the company and they must be stored separately from either the goods or other stock and the customer may, as agents of the company, (such agency is limited to this transaction), sell the New Objects retaining the proceeds in a separate bank account from which the customer will pay to the company such sums as is necessary to extinguish the debt and only then the balance may be paid from this account to the customer.

(d) In the event of the customer disposing of the goods and new objects the proceeds received from an acquirer or as a consequence of an insurance claim will be paid into a designated bank account and held by the customer as trustee for the company to the extent of the debt due to the company. In this connection the customer is bailee of the goods and new objects but in the context of contract for sale between the customer and the acquirer the customer acts as principal and cannot give any warranties or incur any liabilities on behalf of the company. The title to the goods passes to the customer immediately at the time the acquirer’s payment for the goods.

(e) If  the customer shall fail to make any payments when due or shall become subject to the insolvency laws or be sequestrated or execute an assignment or trust deed for the benefit of the customer’s creditors or enter into voluntary or compulsory liquidation or suffer a receiver to be appointed, the company shall have the following rights at its option which rights shall be cumulative and shall not prevent the company from also claiming damages and pursing any other rights and remedies available to it:

(i) To cancel any undelivered or uncompleted portion of the contract and stop any goods in transit.

(ii) To pass title to the goods or any of them to the customer by service of notice in writing to the customer, and

 (iii) To repossess the goods or any of them without prior notice and to enter any premises for the purpose of any repossession.

(f) Any goods repossessed by the company hereunder may be resold by the company on such terms as it may decide and the customer shall remain liable to the company for the difference between the net proceeds of such sale and all outstanding sums due to the company hereunder and for all cost and expenses incurred by the company in repossessing storing and reselling such goods.

(g) Nothing in condition 8 shall give the customer any right to return goods sold hereunder. The company may sue the customer for the price when due notwithstanding that property in the goods may not have passed to the customer.

 

9. WARRANTY, LIABILITY AND RETURNS

 The customer shall examine the delivered goods immediately and shall notify the company in writing and the carrier within three days of the date of the delivery of any damage in transit or of any shortage and shall notify the company within eight days of the date of the invoice of any missing consignments or part consignments. The customer shall also, on delivery, mark on the carrier’s delivery sheet the details of any visible damage    “in transit”. The company will not  consider any claims made by the customer in respect of storage or damage in transit or missing consignments or part of consignments unless these conditions are observed:

(a) The return of the defective goods will only be accepted by the company if authorised in writing by the company after receiving a written request from the customer within seven days of the delivery date. Other goods which the company agrees to accept will be at the invoiced price less a handling charge equivalent to 20% of the invoiced price. In all cases of goods returned in accordance with these provisions the customer will be issued a credit note.

(b) The customer will accept the return of defective goods at monthly intervals.

(c) If the company determines the returned goods as defective it shall, at its option

(i) Repair or replace the defective goods or

(ii) Give credit at the price paid by the customer to be set off against the customer future debt owed to the company in which case the company will not entertain any query on the credit note unless the point is raised by the customer immediately upon the receipt of the credit note.

(d) The undertakings set out in sub-conditions 9 (b) and (c) above shall not apply to

(i) Goods which have been repaired other than by the company

(ii) Goods which have been damaged by the person other than the company

(iii) Goods which the customer cannot prove were supplied by the company

(e) The undertakings defined by sub-conditions 9 (a), (b) here of define the limit of the company’s liability to the customer in respect of direct or consequential loss sustained by the customer and without prejudice to the foregoing in addition to the extent permitted by law. The customer acknowledges that except as aforesaid all warranties conditions and representations express of implied however arising made by or on behalf of the company in the course of negotiations with the customer or his representative are hereby excluded.

(f) The customer shall indemnify the company in respect of all actions, suits, demands, costs, charges or expenses arising out of or contributed to by any act or omission of the customer.

(g) Where the company rejects the customer claim the goods will be returned to the customer at the risk and expense of the customer or will be made available for collection from the company premises and the company shall be entitled to make a reasonable charge for examination of the goods and the time expended thereon and to recover the costs incurred.

(h) No claim shall be made after the goods have been finished, processed, cut up, made into any other product or otherwise dealt with in any other way.

 

10. ALTERATIONS TO GOODS OR TRADEMARK

The customer shall not alter tamper with or otherwise interfere with the goods or remove any part there of and shall not alter, add to, deface, remove, conceal or obliterate any trade mark attached or applied to the goods.

 

11. ACCEPTANCE OF GOODS.

Except as previously mentioned, the goods shall be deemed to have been accepted by the customer 21 days after the delivery unless the customer has notified the company in writing within that period of any breach of conditions herein contained. Any use of the goods by the customer, its agents or licensees shall constitute acceptance by the customer.

 

12. ASSIGNMENT OR TRANSFER

The customer shall not, with out the written consent of the company assign or transfer to any other person any contract or any part of it made between the company and the customer.

 

13. SECURITY

Without prejudice to any other provisions hereof, delivery to the customer shall be subject to the approval by the company of the customer’s credit worthiness. The company reserves the right at any time to require from the customer satisfactory security for the performance of the customers obligations. Failure to supply such security will entitle the company to cancel the contract or so much of it as remains unperformed but without prejudice to the company’s rights against the customer in respect of any breach of contract or otherwise.

 

14. RELAXATION OR FORBEARANCE

No relaxation forbearance, delay or indulgence by the company enforcing any of the terms or conditions of the contract, or granting of time by the company to the customer shall prejudice, affect the rights and power of the company hereunder nor shall any waiver by the company or any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.

 

15. JURISDICTION AND DISPUTES

Any dispute arising between the customer and the company in respect of the contract shall be governed by and constructed in accordance with the laws of England. (Jurisdiction the exclusion of any conflicting usage of the trade) and the parties submit to the jurisdiction of the court of England.

 

16. SUBCONTRACTORS OR AGENTS

These conditions shall apply to any subcontractor or agent nominated by the customer or the customer’s agent.