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David Sharp Studio - Garden Ornaments, Fountains and Pool Surrounds
David Sharp Studio - Garden Ornaments, Fountains and Pool Surrounds David Sharp Studio - Classical Garden Ornaments David Sharp Studio - Garden Fountains and Pool Surrounds David Sharp Studio - Garden Ornaments, Statuary, Vases, Urns and Planters
 
Terms & Conditions

THE DAVID SHARP STUDIO LTD

TERMS AND CONDITIONS OF SALE

1. PROPER LAW

All disputes arising out of or in connection with this contract shall be determined by English law.

2. CANCELATION

Subject to the goods being available, and to the buyer notifying us of it acceptance, this is a legally binding contract.  No contract can be canceled, altered or delayed by the buyer, unless we in our absolute discretion agree.  Any such cancelation, alteration or delay without agreement could render the buyer liable for damages.

3. PRICE

Prices quoted are subject to alterations and we may reject or refuse to accept your order if there has been a change in our prices or is likely to be such a change prior to dispatch of the goods.  Any Value Added Tax or other duty or tax will be additional, assessed at the date of dispatch.  In the case of exports the price is exclusive of import duties which the Buyer is liable to pay for.

4. PAYMENTS

Payment of the price for the goods shall be due and payable on the date of issue of the order acknowledgement unless otherwise agreed in writing. (Time or payment shall be of the essence of the contract)

(a) Unless specifically  agreed by us in writing cleared funds must be in our possession prior to dispatch or collection of the goods.

(b) If credit terms have been agreed in writing then all sums due to us must be paid no later than thirty days from the date of our invoice unless otherwise agreed in writing.

(c) Interest at 8% per annum above Yorkshire Bank PLC base rate will be charged on overdue invoices starting from the date of the invoice. (Such interest to accrue on a day to day basis from the due date for payment until receipt by the seller or the full amount whether before or after any judgment.

(d)  The buyer shall indemnify the Seller all costs and expenses (including any legal costs and expenses on a full indemnity basis) incurred or sustained by the Seller in recovering sums due or in exercising its rights pursuants to clause 4.

5. DELIVERY

(a)  We have the right to delay or cancel delivery if we are prevented from or hindered in or delayed in obtaining the goods or delivering by usual methods the goods through any circumstances beyond our control, including but not limited to strikes or other industrial strife (whether at our works or at our suppliers carriers or docks) shortage of labour, accidents, war, fire, reductions in or unavailability of power at our works or those of our suppliers, breakdown of manufacturing or other equipment or unavailability of raw materials or other equipment from our usual suppliers. In the event of such a delay occurring the buyer may give us 14 days notice making time of the time essence of the Agreement and if for any reason whatsoever we cannot make delivery during the period then the buyer may after such period determine the agreement without further obligation being owed by either party to the other.

(b)  In the event of us receiving reliable indications that the Buyer may not be in a position to honour it commitments under Condition 4, then we will be entitled to delay or withhold delivery until assurances we consider satisfactory are received by us.

(c)  Unless specifically agreed by us in writing to the contrary our prices are based on the buyer collecting the goods from us immediately we notify the buyer the goods are ready for collection.  If we are asked to arrange transport the cost will be addition.  Where transport is being provided, delivery will be to a convenient point on the installation site  where the delivery vehicle can be safely driven and the goods unloaded there.  Further handling or movement of the goods is not provided.

(d) Any delay in the Buyer collecting goods from us or in the case of us arranging delivery to the Buyer, in the Buyer accepting delivery of the goods  (including giving all requites help in unloading the goods as our transport and delivery prices do not  make provision for extra people on the delivery vehicle) shall entitle us to make an extra charge. 

6.  RISK AND OWNERSHIP.

(a)  The risk in the goods will remain with us until , and shall pass to the Buyer at the point of delivery.  Unless written notification is made by the buyer to us and the carrier within three days of the date of the delivery of the consignment in the event of a claim as to partial loss, damage, defects or non -delivery or within eighteen days of the date of dispatch in the event of a claim as to non-delivery of the whole consignment then the goods will be deemed to have been delivered and accepted by the buyer complete and in a satisfactory condition.  In particular we have the right to require the buyer to inspect the goods on collection or delivery and acceptance of the goods in their condition shall debar any further claim.

(b)  Unless delivery by us is specifically agreed then delivery will be deemed to take place when the buyer collects the goods from us or if earlier within two days of notifying you that the good are ready for collection.

 (C)  Legal ownership and title of the goods supplied by us to the buyer shall remain with us until the goods are paid for in full and any other money due from the buyer to us has been paid.  Until then the Buyer holds the good as Bailee for us and must store them undamaged separately from its other goods.  We during this period have the right to enter on premises where the goods are stored and to remove them and dispose of them at our discretion.

7.  LIABILITY   

(a)  The goods will be in accordance with the specifications agreed in writing with the Buyer or as described in our brochure or Catalogue, Website, online Catalogue or Portfolio.  No other warranty or condition is made or implied by us as to the quality or descriptions of goods and all such warranties or condition (whether statutory, express or implied)  are excluded.

(b)  In the event of any claim against us whether under this contract or otherwise, then we shall not  accept responsibility where any defect in the goods has been partially or wholly the result of reasons under the control of the Buyer or its agents or purchasers.

(c)  Our liability for the goods (whether under this condition or otherwise) shall be limited to the replacement of the goods excepted as defective or, if we so decide, reimbursement of the price paid to us for the goods.  No other loss or damage suffered by the Buyer will be accepted other than death or injury to person arising directly as a result of our negligence in the supply of the goods.

(d)  Immediately written notification must be given to us in the event of any defect being found in the goods, and we must be given a reasonable opportunity to inspect them before any further work or treatment is undertaken on them.  We shall not accept any liability as a result of such a defect unless this procedure is observed.  

(e)  Unless there has been a written agreement to the contrary we make no warranty as to the fitness of the goods for any particular purpose even if that purpose is stated in the Buyer's Order and any warranty, whether express or implied, statutory or otherwise is excluded. This exclusion  includes recommendations or advice relating to a specific enquiry.  The Buyer must be satisfied that the goods are suitable for the purpose for which it is intended to use them.

(f) Any defect in the goods (once accepted by us) which does not affect the whole of a consignment of the goods or make the substantial performance of the Buyer's order impossible shall not entitle the Buyer to withhold or delay payment for that part of the order which has been delivered and found to be satisfactory.

(g)  If this sale is a consumer sale then such of these Condition as would be rendered unlawful, unenforceable or would be rendered void by the provisions of the Unfair Contract Terms AC 1977 shall not apply to the sale hereby agreed without affecting the validity of the remaining clauses. 

8. INSTRUCTIONS.

The erection and installation of the goods is the Buyer's responsibility.  the Buyer has been supplied with installation and maintenance instructions and is responsible to its employees and agents and also to any end user or indeed any person, for any damage or injury which occurs whether directly or indirectly as a result of a failure to follow such instructions.  the Buyer must appreciate that stone is highly susceptible to damage in the course of handling and installation and great care should be taken by the Buyer or its agents whilst moving or handling the goods.

9.  CONFLICTS OF CONDITIONS

In the event of there being any conflict in these conditions and any conditions emanating from the Buyer then these Conditions shall have precedence over those of the buyer.  Furthermore the Buyer's conditions are not binding or accepted in any way by us unless otherwise specifically accepted in writing.

10.  VARIATION 

These Conditions of Sale and Order Form which they are attached form the whole agreement between the Buyer and is and shall not be varied in any way unless specifically confirmed in writing.  In particular none of our employees or agents have any power or authority to make any representation about the goods or enter into any collateral contract relating to them.

11.  UNFAIR CONTRACT TERMS ACT 

The buyer must be aware that we attempt to limit our obligations under these Terms, because losses could be wholly disproportionate to the price of the goods which we attempt to keep as low as possible.  It is always possible for the Buyer to take out insurance cover to cover any losses it might suffer.

12.  PATTERNS AND MOULDS.

Any Patterns and moulds created or used by The David Sharp studio remain the property of the studio.  

(13)   INTELLECTUAL PROPERTY. 

 All intellectual property rights in the moulds and goods shall vest in the Sellers absolutely and the Buyer shall at the Sellers expense execute any documents or do any acts necessary to give effect to the vesting of such rights in the Seller.

I accept the terms 

 

 

 
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