CutList Limited Terms & Conditions- R10422

Definition In these terms and conditions the following works and expressions shall have meaning hereby assigned to them except where otherwise stated:

a) ‘Seller’ means CutList Ltd
b) ‘Buyer’ means person or company who places an order or accepts and offer of the seller to purchase or supply of any goods.
c) ‘Goods’ means products or services supplied or provided by the seller.

1. General

1.1 All quotes and sales placed with the Seller are bound by these terms and conditions of business. The liability of the Seller shall not be extended by any oral agreement expressed or implied between the Buyer and the Seller.

1.2 Samples of edging and board finishes may be available. To be sure of the correct finish it is recommended that the Buyer view a sample to approve before ordering therefore the seller shall not be held responsible for any product deemed sub-standard, incorrect or inappropriate.

1.3 The Seller reserves the right to subcontract or assign any part of its rights or obligations arising under this contract without obtaining the Buyers consent.

1.4 Failure or neglect by the Seller to enforce at any time any of these Terms and Conditions of sale shall not be a waiver to the Sellers rights and it shall not affect the validity of the whole or part of these Terms and Conditions or prejudice the Sellers right to take subsequent action.

1.5 All designs, drawings and other technical information relating to the goods shall remain the Seller’s property under copyright law.

2. Quotes & Prices:

2.1 The Seller reserves the right to change their price list or remove an offer without notice at any point.

2.2 The seller strongly recommends that all correspondence between the Buyer and the Seller is made in writing. The Buyer takes full responsibility for omissions and errors arising from verbal communication.

2.3 Should the Seller be asked to complete a Cutlist form on behalf of the Buyer, the Buyer will be responsible for any errors or mistakes made within the document regardless of fault, after the order has been confirmed by the Buyer.

2.4 It is the sole responsibility of the Buyer to ensure the order details are correct. The seller will not be liable for errors and omissions arising from the Seller inputting data on behalf of the Buyer once the Buyer has approved the order and made payment.

2.5 The Seller reserves the right to cancel any order or refuse a sale without notice or explanation.

2.6 If the Buyer cancels an order at any point after payment, a refund will not be issued.

2.7 The Buyer must request any offcuts at the time of order. The Seller shall not be held responsible for, or credit any offcuts disposed of after this point.

2.8 Quotations are valid for the number of days specified on the quote document. Where a number of days hasn’t been provided, quotes will be valid for 7 days.

3. Ordering & Payments

3.1 An order is considered contractual and binding at time of payment at which point processing and manufacturing will commence.

3.2 The Seller reserves the right to charge 8% over the Bank of England base rate for late payment for orders undertaken before payment is made in full.

3.3 All goods and services remain the property of the Seller until payment is received in full.

3.4 All prices and offers are correct at time of going to press but subject to change without notice to the customer. E&OE.

3.5 Payments can be made using credit and debit cards, BACS cheque or cash. Orders will not be processed until the payment is cleared in full.

3.6 Any payments made will not be eligible for any refund once the order has been processed.

4. Collections/Deliveries:

4.1 All deliveries are kerb-side and will be undertaken by one driver only. It is the responsibility of the buyer to ensure someone/multiple people are onsite and physically capable of un-loading delivery.

4.2 The buyer will be allocated a 30 minute delivery slot for the full unloading of delivery after which a standby charge of £25 plus vat per 15 minutes may be charged.

4.3 Where the customer has been responsible for a failed delivery, a charge of £65 plus vat will be issued, and the order will be rescheduled for delivery and a second delivery fee charged at the same rate as the original. A failed delivery can include, but not limited to; wrong address provide by customer, customer is not present at the address or within the delivery time frames provided.

4.4 Goods will not be delivered or collected until payment has been made in full.

4.5 A delivery note will be signed by the Buyer upon delivery to state that everything is correct, present and of satisfactory quality. Delivery notes signed ‘unchecked’ will be allocated a 24 hour period in which the customer must report missing, damaged or incorrect panels to the office via email, or the seller will charge for replacements.

4.6 The Buyer is responsible for checking all goods for damage and/or missing or incorrect items. The Buyer must report any missing items at point of delivery on the delivery document. Damaged or incorrect items must be notified to the seller in writing within 24 hours of receipt of delivery. All damaged, missing or incorrect items are subject to clause 6 in the seller’s terms of business.

4.7 Items ordered for collection must be collected within 48 hours of the notified collection date or storage charges will apply.

4.8 The Seller reserves the right to dispose of uncollected orders after 2 weeks of original collection date without credit or refund of the order, unless an extension of the collection date has been agreed in writing.

4.9 The Seller reserves the right to charge a storage charge of 5% of the project value per day for collections not made within 48 hours of the original collection date. The Buyer will be notified in writing as to when this may apply.

4.10 Where panel labels are issued, the Seller cannot guarantee they will remain in place during loading, un-loading or transit.

4.11 The Seller does not guarantee delivery times and product availability. Any suggested dates are estimated only.

4.12 E&OE. We reserve the right to withdraw delivery and any offer in connection to delivery.

4.13 Courier collection arrange by the Buyer will be signed for as correct and satisfactory at time of collection. Buyerarranged courier collections forfeit the right to check goods within 24 hours of collection. Unless a defect or issue is reported by the courier at time of collection, the Seller will not be responsible for damage, defects, missing or incorrect parts.

5. Materials & Paint:

5.1 The Seller can’t guarantee the colour consistency or quality of colour or pattern on any board or paint from any manufacturer against their sample boards, codes or brochures.

5.2 The Seller is not responsible for the manufacturing quality or defects from any board manufacturer. The Seller will do their up-most to ensure a good quality product is delivered but issues with quality must be noted at time of collection or delivery or no refund will be issued.

5.3 The Buyer understands that materials ordered at different times may have colour, tone or grain differences.

5.4 The seller is not responsible for the correct and/or safe application of a product or material and take no responsibility or liability for issues arising around product or material application.

5.5 The Seller is not be responsible for the compatibility or suitability of any newly applied paint or finish against the paint or finish used after the materials are delivered/collected by the Buyer.

5.6 The Seller is not liable for any deterioration, defect or issue arising from the incorrect application of painted or finished panels.

5.7 The Seller does not warrant or guarantee any painted of finished panels. This does not affect your statutory rights.

6. Returns, replacements & refunds:

6.1 Any missing and/or damaged or faulty items will not be credited or re-made by the Seller unless they are noted on the delivery ticket at time of delivery or within 24 hours of delivery. The Seller reserves the right to inspect any faulty or damaged panels before issuing replacement panels or refund.

6.2 Delivery of damaged, faulty or missing panels is strictly excluded even if the Seller agrees to issue replacements, unless delivery was included in the original order. Unless otherwise agreed by the parties in writing, any goods returned must be consigned carriage paid by the Buyer.

6.3 The Seller reserves the right to not accept the return of good, and to make a handling charge on good returned.

6.4 The Seller will not be responsible for any delivery charges for parts being returned by the Buyer, under any circumstances.

6.5 Where the seller agrees a defective part is sub-standard due to machining or defective workmanship, they will issue a like-for-like replacement panel as quickly as reasonably possible.

6.6 Where the seller agrees to a financial refund, the refund will be credited into the Buyers account within 14 days via BACS. A cheque may also be offered.

7. Limitation of Liability

7.1 Nothing in these Conditions shall limit or exclude the Sellers liability for: death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach of the terms implied by Section 12 of the Sale of Good Act 1979 (total and quiet possession); or defective products under the Consumer Protection Act 1987.

7.2 Clause 7.3 & 7.4 are subject to clause 7.1:

7.3 The Seller shall not be liable to the Buyer whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with the contract (including any losses that may arising from the Seller deliberate personal repudiatory breach of the contract).

7.4 The Sellers total liability to the customer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by the Sellers deliberate personal repudiatory breach shall not exceed the price paid by the customer for the goods and/or services in the order.

7.5 Except as set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent committed by law, excluded from the contract. 7.6 This clause 7 shall survive termination of the contract. \

8. Privacy Policy

8.1 The Seller may collect and hold the following information; Name, Address, Contact phone numbers, email addresses and other personal details which are relevant to the seller’s requirements in providing services and/or goods.

8.2 The Buyer may request details of personal information the Seller holds about you under the Data Protection Act 1998 at any time. A small fee may be payable. The Buyer must request in writing.

8.3 The buyer has the right to change or request any information held is removed at any time. Requests must be presented in writing to the seller.

8.4 The Seller will not sell, share or distribute the Buyer’s personal information to third parties other than to the Seller’s parent group, Hem Group Holdings Limited, without prior written consent by the Buyer.

8.5 The Seller may publish photographs and comments on social media, the internet and in marketing documents which may have reference to a specific order but the Seller will not divulge any personal information as detailed in 8.1