These conditions apply to sales to businesses. Governed by the law of England and Wales, subject to the exclusive jurisdiction of the English courts.
Quotations are valid for thirty days and are an invitation to order, not an offer. A contract exists when we acknowledge an order in writing. Orders for contract manufacture cannot be cancelled once materials have been committed, which we state in the acknowledgement with the date it applies from.
Trade prices are ex works, exclusive of VAT, per the current published list. There is one list; the price you pay is the list price for your quantity band. Prices are reviewed annually in January and held for the calendar year except where the raw hair market moves by more than fifteen per cent, in which case we give sixty days' notice.
Pro forma for the first two orders. Thereafter net thirty days from invoice, subject to satisfactory references. We charge statutory interest on overdue accounts under the Late Payment of Commercial Debts (Interest) Act 1998, and in practice we telephone before we do.
Lead times run from order acknowledgement or from approval of a sample, whichever is later. Stock lines five working days; made-to-order lines as stated per series. Delivery dates are estimates and time is not of the essence unless we have agreed a firm date in writing, which we will do for a seasonal deadline if asked early enough.
Risk passes on delivery. Title passes on payment in full. Until then the goods remain ours and are to be stored so that they are identifiable as such — the usual retention of title wording, which matters only in an insolvency and is included for that reason.
| Situation | Notify within | Remedy |
|---|---|---|
| Shortage or wrong goods | 5 working days of delivery | Replacement or credit |
| Transit damage | 3 working days, signed as damaged | Replacement |
| Manufacturing fault | 12 months of invoice | Replacement or credit, whole batch if systemic |
Quantities under one gross do not need to be returned for a claim to be accepted; a photograph and a description are enough.
Brushes are warranted against manufacturing defect for twelve months from invoice. Wear, splaying from solvent abuse, damage from being left standing in water, and paint left to dry in the ferrule are not defects. We will nonetheless look at anything a stockist sends back and tell them honestly which it was.
Tooling charged to a customer is paid for once, remains our property, is used for no other customer, and is held for three years from the last order. Intellectual property in a customer's specification, artwork and branding remains theirs; intellectual property in our manufacturing methods remains ours. Neither party may use the other's name in publicity without written consent.
Our liability for any claim is limited to the invoice value of the goods concerned. We do not exclude liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded. We are not liable for indirect or consequential loss, including loss of profit or of contract.
Neither party is in breach for delay caused by something outside its reasonable control. If such a delay runs beyond ninety days either party may cancel the affected order without further liability.
Incoterms 2020 apply as stated on the order. The buyer is responsible for import duties, for any CITES import permit required in the destination country, and for compliance with local labelling. We supply the export documentation and the CITES export paperwork; we cannot obtain another country's import permit on a buyer's behalf.