Terms & Conditions

TERMS & CONDITIONS

1. GENERAL

These conditions of sale form part of all contracts for the supply of goods by The Milford Collection Ltd (“the Seller”). They will prevail over any oral or written terms or conditions submitted by any Buyer (“the Buyer”) unless these have been agreed in writing by the Seller.

2. ORDERS SUBJECT TO ACCEPTANCE

(i) We reserve the right to decline to supply goods where we deem appropriate.

(ii) Customers wishing to sell goods online must specify this at the time of placing the order.

(iii) The Buyer’s invoice address shall be considered as the trading address for the business, unless otherwise specified in writing to the Seller and subsequently approved by the Seller. Any subsequent additional trading sites must also be approved by the Seller.

3. CANCELLATION OF ORDER

The Seller reserves the right to refuse any cancellation or proposed cancellation of orders placed in writing by the Buyer if the goods are ready for despatch and a delivery date has been agreed by the Buyer.

4. DELIVERY

(i) Delivery estimates will be given in good faith by the Seller at the time of acceptance of order and the Seller shall endeavour to adhere to them at all times.

(ii) No responsibility or obligation for any loss arising from delay in delivery shall be accepted by the Seller unless otherwise agreed in writing by both the Buyer and the Seller.

(iii) UK Mainland Orders with a value of less than £200 net which have been accepted by the Seller will be subject to a carriage charge of no less than £10.00

(iv) From the time of delivery to the Buyer the goods shall be at the risk of the Buyer. The Buyer is then solely responsible for their custody, maintenance and insurance.

(v)  The Buyer must inspect the products upon delivery and inform the Seller within 5 working days of any products which are delivered in a damaged or defective state, or of any discrepancy in the quantity of any delivery.  Any shortfall in the quantity of products delivered from that stated in any contract to which these Conditions apply shall not give rise to a claim for damages for breach of contract solely as a result of such shortfall.

(vi) All correspondence should contain customer name, address and the invoice number that any credit claim relates to.

(vii) The Seller at all times endeavours to maintain good stock levels, however recommends the Buyer does not take advance orders in case of disappointment. 5. RETURN OF GOODS

Should the Buyer prove to the satisfaction of the Seller that Products supplied are not in accordance with the specifications of the order or are defective by way of faulty material or workmanship, the Seller may at its discretion request the return of the products in question for repair or replacement or issuance of a credit note to the value of the products concerned.

6. PAYMENT

(i) 30 day credit accounts may be opened upon completion of our credit account application form, with two satisfactory trade references.

(ii) The Buyer shall effect payment to the Seller in the currency specified in the Seller’s invoice, in the manner stated on the invoice, in full within 30 days of the date of invoice unless otherwise agreed in writing by both the Buyer and the Seller.

(iii) If payment is not made on the due date then the Seller shall reserve the right to charge interest and administration costs up to and including the date of receipt of payment.

(iv) Any late payment by the Buyer shall entitle the Seller to treat as void any other unexecuted contracts then existing between the Buyer and the Seller. Under these circumstances the Seller shall have no liability whatsoever to the Buyer.

(v) In the event of Pro-forma invoices, the Seller will endeavour to despatch all goods promptly upon receipt of cash with orders, or on clearance of funds with payment by cheque. Please note that a cheque takes up to 7 days to become cleared funds, and the order will not be despatched until funds have cleared.

(vi) Any additional bank charges incurred in receiving payment from the Buyer shall be borne by the Buyer. 7. RETENTION OF TITLE

(i) The goods shall remain the Seller’s property until the payment has been cleared in full by the Seller’s bank. Until that time the Buyer shall hold them as bailee, store them in such a way that they can be identified as the Seller’s Property and keep them separate from the Buyer’s own property and the property of any person.

(ii) Although the goods remain the Seller’s property until paid for, they shall be at the Buyer’s risk from the time of delivery and the Buyer shall insure them against loss or damage accordingly (and in the event of such loss or damage shall hold the proceeds of such insurance on behalf of the Seller as trustee for the Seller).

(iii) The Buyer’s right to possession of the goods shall cease if (a) the Buyer has not paid for the goods in full by the expiry of any credit period allowed by this contract; or (b) the Buyer is declared bankrupt or makes any proposal to his creditors for a composition or other voluntary arrangement; or (c) a receiver, liquidator or administrator is appointed in respect of the Buyer’s business. On cessation of the Buyer’s right to possession of the goods in accordance with this clause the Buyer shall at his own expense make the goods available to the Seller and allow the Seller to repossess them.

(iv) Until such time as payment for the goods has been fully received by the Seller, the Buyer hereby grants the Seller, his agents and employees an irrevocable licence to enter any premises where the goods are stored in order to repossess them or inspect them at any time.

8. DESCRIPTIONS

(i) The Buyer shall be responsible for ensuring that the quantities and descriptions of its orders correspond with the goods it wishes to receive.

(ii) No order confirmation will be issued by the Seller unless specifically requested by the Buyer.

9. RETAIL PRICING

The Seller offers a Suggested Retail Price (SRP), however a mark-up range of 230% – 250% of trade price (ex VAT) is commonly noted.

10. TERMINATIONS

(i) The Seller will be entitled to terminate a contract with the Buyer if the Buyer repeatedly commits a breach of any of these terms and conditions or if the Buyer becomes subject to bankruptcy, an administration order  or goes into liquidation, other than for the purposes of reconstruction. In the event of such a termination the Seller shall be entitled to suspend and/or cancel any future deliveries or existing orders without any liability to the Buyer.

11. APPLICABLE LAW

These Conditions shall in all respects be construed in accordance with the laws of England and all parties agree to the jurisdiction of the English Courts.

12. DATA PROTECTION

Information about the Buyer, its employees and agents may be retained by the Seller to maintain and update its records to enable the Seller to administer and facilitate the Buyer’s requirements. The Seller may also exchange such information about the Buyer with credit reference agencies to facilitate carrying out credit checks and other facilities for preventing fraud, theft and for tracing debtors, for obtaining credit insurance, assessment and analysis, securitisation and protecting its interests. The Seller will provide details of bankers and credit reference agencies used upon request.

13. CONFIDENTIALITY

All designs, specifications, drawings, documents and information disclosed by the Seller to the Buyer, its employees and agents shall be treated by the Buyer as confidential and the Buyer, its employees and agents may not disclose, deal or use any such information without the written authority of the Seller. The Buyer shall indemnify the Seller against any loss or damage arising from a breach by the Buyer of this clause. This provision shall include costs and expenses.