{"id":345,"date":"2019-07-16T15:47:11","date_gmt":"2019-07-16T15:47:11","guid":{"rendered":"https:\/\/www.shinemount.co.uk\/?page_id=345"},"modified":"2019-07-16T15:47:11","modified_gmt":"2019-07-16T15:47:11","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/shinemount.co.uk\/index.php\/terms-and-conditions\/","title":{"rendered":"TERMS AND CONDITIONS"},"content":{"rendered":"<h2>\n\t\tTERMS AND CONDITIONS OF PURCHASE\n\t<\/h2>\n\t<ul>\n<li>Payment is due within 30 days from the date of invoice, unless otherwise agreed by a director of Shine Mount Ltd., trading as Shine Mount Ltd..<\/li>\n<li>Credit limit as issued by Shine Mount Ltd. will not be exceeded and may be varied at any time by Shine Mount Ltd.<\/li>\n<li>Orders cannot be cancelled by customers, except in exceptional circumstances and only with the consent of Shine Mount Ltd.<\/li>\n<li>Late payment &#8211; interest will be charged at a rate of 8% above base rate per day and a statutory recovery charge would apply to each invoice.<\/li>\n<li>Shine Mount Ltd. reserves the right to deliver \u201cpart\u201d orders.<\/li>\n<li>All goods must be comprehensively checked upon delivery.<\/li>\n<li>Damages or shortages must be noted and advised to Shine Mount Ltd.in writing within 48 Hrs.<\/li>\n<li>Faults on products supplied by Shine Mount Ltd. after purchase by \u201cyour\u201d customer must be reported in writing within 3 working days from \u201cyour\u201d customer notification together with a copy of their receipt.<\/li>\n<li>By placing and receiving goods from Shine Mount Ltd. you are agreeing with these terms and conditions.<\/li>\n<\/ul>\n<p>Definitions<\/p>\n<p>\u201cCOMPANY\u201d Shall mean Shine Mount Ltd., trading as Shine Mount Ltd.<\/p>\n<p>\u201cCONTRACT\u201d Shall mean any contract in writing for purchase of goods by the Buyer from the Company.<\/p>\n<p>\u201cBUYER\u201d Shall mean the Customer who purchases the Shine Mount Ltd. products.<\/p>\n<p>\u201cGOODS\u201d Shall mean all Goods and Products which are the subject of any Contract of Sale or supply between the Company and the Buyer.<\/p>\n<p>\u201cPRICE\u201d Shall mean the Price for all Goods excluding carriage, packing, insurance and VAT.<\/p>\n<ol>\n<li>RETENTION OF PROPERTY CLAUSE<\/li>\n<\/ol>\n<p>1.1.\u00a0 The risk in the Goods shall be passed to the Customer on delivery.<\/p>\n<p>1.2.\u00a0 In spite of delivery having been made, and until payment has been received by the Company for all Goods whatsoever supplied.<\/p>\n<p>(a)\u00a0 Property in the Goods shall remain in the Company until the Buyer has paid the Price plus VAT, in full and no other sum shall be due from the Buyer to the Company.<\/p>\n<p>(b)\u00a0 Should the customer convert the Goods or any of them into a new product whether or not such conversion involved the admixture of any other Goods or things whatsoever and whatever proportions the conversions shall be effected by the Customers solely as agent for the Company who shall have the full legal beneficial ownership of the new products.<\/p>\n<p>(c)\u00a0 The Customer shall store the Goods and the new products separately and in such a way that they can be regularly identified as being the property of the Company. Until such time when the property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company.<\/p>\n<p>(d)\u00a0 Notwithstanding that the Goods or any of them remain the property of the Seller, the Buyer may sell or use the Goods in ordinary course of the Buyers\u2019 business at full market value on the basis that the proceeds of the sale shall belong to the Company, to whom the Buyer shall account on demand. Provided that any such sale or dealing shall be a sale or use the Company\u2019s property by the Buyer\u2019s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the goods passes from the Company and shall not be mixed with other money paid into any overdrawn bank account and shall be at all material times identified as the Company\u2019s money.<\/p>\n<p>(e)\u00a0 The Company shall be entitled to recover the Price plus VAT notwithstanding that the property in any of the Goods has not been passed from the Company.<\/p>\n<p>(f)\u00a0 The Company may at any time revoke the Buyer\u2019s power of sales (as in the clause of (d) above) by notice to the Buyer. If the Buyer is in default for longer than thirty days in the payment of the sum whatsoever due to the Company, whether in respect of the Goods or any other Goods supplied to the Buyer or any other reason whatsoever, or if any Bill or Exchange or cheque or any other negotiable instrument drawn or accepted by the Buyer in favour of the Company is dishonoured on presentation for payment, or if the Company has bona fide doubts as to the solvency of the buyer, or when the Company request to Buyer to deliver up such of the Goods which property remains with the Company as have not ceased to be in existence or resold to the Company.<\/p>\n<p>(g)\u00a0 The Buyer\u2019s power of sale shall automatically cease if a Receiver is appointed or any of the assets of the undertaking of the Buyer or a winding up order is made against the Buyer or the Buyer goes into voluntary liquidation. (Otherwise than for the purpose of reconstruction or amalgamation) or call a meeting or make an arrangement or composition with the Creditors or commit any such act of bankruptcy.<\/p>\n<p>(h)\u00a0 Upon the determination of the Buyer\u2019s power of sale under the aforementioned paragraph the Buyer shall place the Goods in the new products at the disposal of the Company who shall be entitled to enter upon any premises owned, occupied or controlled by the Buyer where the Goods are situated in order to remove such Goods and new products from the premises (including severance from the reality where necessary).<\/p>\n<p>(i)\u00a0 The Buyer shall not pledge or in any way change by way of security for any indebtness any of the Goods which are the property of the Company. Without prejudice to the other rights of the Company if the Buyer does so, all the sums whatever owing by the Buyer to the Company shall forthright become due and payable.<\/p>\n<p>(j)\u00a0 The Buyer shall insure and keep insured to the Goods in full Price against \u201call risk\u201d to the reasonable satisfaction of the Company, and shall whenever requested by the Company produce a copy of the policy of insurance. Without prejudice to the other rights of the Company, if the Buyer fails to do so all sums whatever by the Buyer to the Company shall forthwith become due and payable.<\/p>\n<ol start=\"2\">\n<li>CONDITIONS APPLICABLE<\/li>\n<\/ol>\n<p>2.1.\u00a0 The terms and conditions herein shall apply to all contracts for sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase or the confirmation of order or similar document.<\/p>\n<p>2.2.\u00a0 All orders for Goods whether made in writing or otherwise by the Buyer are not binding and invalid until such orders are confirmed in writing by both Parties (or the Company).<\/p>\n<p>2.3.\u00a0 All orders for Goods confirmed in writing shall be deemed to be an offer by the Buyer to purchase the Goods pursuant to these conditions<\/p>\n<p>2.4.\u00a0 Acceptance to delivery of the Goods shall be deemed conclusive evidence of the Buyer\u2019s acceptance of these conditions.<\/p>\n<p>2.5.\u00a0 Any variation to these conditions, including any special terms and conditions agreed between the parties, shall be inapplicable unless agreed in writing by the Company.<\/p>\n<ol start=\"3\">\n<li>DELIVERY OF GOODS<\/li>\n<\/ol>\n<p>3.1.\u00a0 The Seller shall not deliver any Goods ordered by the Buyer to the Buyer unless the Goods ordered have been confirmed and agreed by both parties in writing.<\/p>\n<p>3.2.\u00a0 Delivery of Goods shall be made to the Buyer\u2019s address on the delivery date. The Buyer shall make all the arrangements necessary to take delivery of the Goods whenever they are tender for delivery.<\/p>\n<p>3.3.\u00a0 The Company shall not be responsible for any loss or damage whatsoever arising from the failure of or delay in delivery by the Company.<\/p>\n<p>3.4.\u00a0 The Company is responsible to replace any defective or damaged goods, or offer a credit note where applicable after confirmation with The Buyer, no cash refunds are available.<\/p>\n<p>3.5.\u00a0 Notwithstanding the Company may have delayed or failed to deliver the Goods promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full providing that delivery shall be tendered at any time within weeks of the delivery date.<\/p>\n<ol start=\"4\">\n<li>ACCEPTANCE OF THE GOODS<\/li>\n<\/ol>\n<p>4.1.\u00a0 The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer.<\/p>\n<p>4.2.\u00a0 After acceptance the Buyer shall not be entitled to reject the Goods which are not in accordance with the contract.<\/p>\n<ol start=\"5\">\n<li>REMEDIES OF THE BUYER<\/li>\n<\/ol>\n<p>5.1.\u00a0 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatsoever in respect of the supply of the Buyer of such Goods or the failure by the Company to supply goods which conform to the contract of sale.<\/p>\n<p>5.2.\u00a0 Where the Buyer accepts or has been deemed to have accepted any Goods then the Company shall have no liability whatever to the Buyer in respect of those Goods.<\/p>\n<p>5.3.\u00a0 The Company shall not be liable to the Buyer for late delivery or short delivery of Goods.<\/p>\n<ol start=\"6\">\n<li>REMEDIES FOR LATE PAYMENT\/ OVERPAYMENT<\/li>\n<\/ol>\n<p>If the Buyer fails to make any payments on the due date then without prejudice to any of the Company\u2019s other rights, the Company may:<\/p>\n<p>6.1.\u00a0 Suspend or cancel deliveries of any articles due to the Buyer; and or<\/p>\n<p>6.2.\u00a0 Appropriate any payment made by the Buyer to such of the Goods or Goods supplied under any other contract with the Buyer as the Company may in its sole discretion think fit.<\/p>\n<p>6.3.\u00a0 The Company may claim compensation for late payment charged at \u00a340.00 for amounts owed under \u00a3999.99 per invoice as outlined by European Directive 2000\/35\/EC, and \u00a370.00 if the debt is over this amount.<\/p>\n<p>6.4.\u00a0 Cash refunds due to overpayments are not offered, but credit to the same value will be offered.<\/p>\n<ol start=\"7\">\n<li>SET OF COUNTERCLAIM CLAUSE<\/li>\n<\/ol>\n<p>The Buyer may not withhold payment of any invoice or other amount due to the Company by reason of any right of set off or counterclaim which the Buyer may have alleged to have or for any reason whatever.<\/p>\n<ol start=\"8\">\n<li>BACK ORDERS<\/li>\n<\/ol>\n<p>The Company shall be entitled to a general lieu on all Goods of the Buyer in the Seller\u2019s possession (including Goods of the Buyer which have been paid for) for the unpaid price of all Goods sold to the Buyer by the Company under this or any other contract.<\/p>\n<ol start=\"9\">\n<li>WAIVER<\/li>\n<\/ol>\n<p>No waiver of forbearance by the Company whether express or implied, in enforcing any of its rights under this contract shall prejudice its right to do so in the future.<\/p>\n<ol start=\"10\">\n<li>SUBCONTRACTING<\/li>\n<\/ol>\n<p>The Company may license or subcontract any part of its rights and obligations under this contract without the Buyer\u2019s consent.<\/p>\n<ol start=\"11\">\n<li>FORCE MAJEURE CLAUSE<\/li>\n<\/ol>\n<p>Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.<\/p>\n<ol start=\"12\">\n<li>CANCELLATION CLAUSE<\/li>\n<\/ol>\n<p>Without prejudice to any claim or rights the Company may otherwise make or exercise, the Company may cancel and or terminate this contract at any time before Goods delivered (or any contract subsiding) by giving written notice of such determination being posted to the Buyer\u2019s last known address, if:<\/p>\n<p>(a)\u00a0 The Buyer shall make default in or commit a breach of the contract or any other of his obligations to the Company at its own discretion decided to do so.<\/p>\n<p>(b)\u00a0 Any distress or execution shall be levied upon the Buyer\u2019s property or assets or<\/p>\n<p>(c)\u00a0 The Buyer shall make or offer to make any arrangement or composition with creditors or<\/p>\n<p>(d)\u00a0 The Buyer shall commit any act of bankruptcy or if any petition or receiving order in Bankruptcy shall be presented or made against him, or<\/p>\n<p>(e)\u00a0 If the Buyer is a Limited Company and any resolution or Petition to wind up such Company\u2019s business (other than for the purpose of amalgamation or reconstruction\u2019s) shall be passed or presented or if a Receiver of such Company\u2019s undertaking, property or assets or any part thereof shall be appointed.<\/p>\n<p>12.1\u00a0 On giving such notice the Company shall promptly repay to the Buyer any sums paid in respect of the Price<\/p>\n<p>12.2\u00a0 The Company shall not be liable for any loss or damage whatever arising from such cancellation<\/p>\n<ol start=\"13\">\n<li>PROPER LAW OF CONTRACT<\/li>\n<\/ol>\n<p>This contract is subject to the law of England and Wales.<\/p>\n<p>13.1\u00a0 If any dispute or difference shall arise between the parties as to the meaning of this contract or any matter or thing arising out of or concocted with this contract then it shall be referred to the determination of an arbitrator to be appointed by the agreement of the parties or (in default of such agreement within twenty one days of the service upon one party by written request to concur in such appointment) by the President at the time being of the Chartered Institute of Arbitrators<\/p>\n<p>OR<\/p>\n<p>13.2\u00a0 All Disputes arising out of this contract shall be subject to exclusive jurisdiction of the Court of England and Wales and irrevocably agree that proceedings issued out of the said Courts may without prejudice to the rules of service of such Courts be served on them by delivering such proceedings in an envelope addressed to the party to be served at the address for such party set out in the contract.<\/p>\n\t<p><u><b>Principles<\/b><\/u><\/p>\n<ul>\n<li>10% deposit payment with order, and the balance is due within 120 days from the date of delivery to UK port for CIF delivery or 120 plus 30 days for FOB delivery, unless otherwise agreed by a director of Shine Mount Ltd., trading as Shine Mount Ltd..<\/li>\n<li>Credit limit as issued by the \u201cCOMPANY\u201d. will not be exceeded and may be varied at any time by Shine Mount Ltd.<\/li>\n<li>Orders cannot be cancelled by customers, except in exceptional circumstances and only with the consent of Shine Mount Ltd.<\/li>\n<li>Late payment &#8211; interest will be charged at a rate of 8% (APR) above base rate, calculated per day and a statutory late payment charge would apply to each invoice.<\/li>\n<li>Shine Mount Ltd. reserves the right to deliver \u201cpart\u201d orders.<\/li>\n<li>All cartons must be comprehensively checked upon delivery for damage and counted, any shortfall must be reported immediately, no later than 24hrs after delivery.<\/li>\n<li>The BUYER must check random items from random boxes to check for large qty of damages or defective product, these must be noted and advised to the COMPANY in writing in a reasonable time from delivery, not to exceed 1 week.<\/li>\n<li>The COMPANY has the responsibility to credit small numbers of items through defective manufacturer in our trading relationship, this credit will be deducted from future orders, no cash refunds will be available.<\/li>\n<li>By placing and receiving goods from Shine Mount Ltd. you are agreeing with our terms and conditions.<\/li>\n<li>Wherever possible we do not charge for product samples, but sometimes there is a tooling charge, which we ask the BUYER to settle prior to sampling, the value of this is at cost and would be confirmed.<\/li>\n<li>Samples can be requested. We normally get three identical samples, one to be retained by our China office, one by our London office and one for the BUYER. We do not charge for these samples but ask for a nominal fee of \u00a3100 for the shipping and handling costs for each enquiry irrespective of how many samples there are.\u00a0 The cost of this can be deducted if an order is placed.<\/li>\n<li>Pricing \u2013 The COMPANY will hold the confirmed price for 6 months. If orders are placed, the COMPANY will hold these prices in line with the factory, which is reviewed periodically. We will try to maintain the same price but prices may change in time.<\/li>\n<li>Packaging \u2013 All product, inner carton and outer carton labelling including barcodes must be provided by the BUYER.<\/li>\n<li>Quality control is carried out at the beginning of the production run, which our China office manage with the sample they have retained. A second inspection is an option before packing.<\/li>\n<li>Delivery of goods in a timely fashion is the responsibility of the COMPANY and will be confirmed with the BUYER at the point of quotation. A degree of flexibility is required of a few weeks depending on production capacity at the time of order.<\/li>\n<li>Insurance &#8211; All product must be insured by the \u201cBUYER\u201d at all times. If order is based on FOB price the responsibility is with the BUYER, if order is based on CIF the responsibility is with the COMPANY, until it reaches UK port, then transfers to the BUYER.<\/li>\n<li>It is the responsibility of the BUYER to inform the COMPANY with the correct UK commodity codes for the product. The COMPANY will not accept liability if HMRC has an issue with regard to this.<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>TERMS AND CONDITIONS OF PURCHASE Payment is due within 30 days from the date of invoice, unless otherwise agreed by a director of Shine Mount Ltd., trading as Shine Mount Ltd.. Credit limit as issued by Shine Mount Ltd. will not be exceeded and may be varied at any time by Shine Mount Ltd. Orders&hellip;<\/p>\n","protected":false},"author":1,"featured_media":36,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"class_list":["post-345","page","type-page","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/shinemount.co.uk\/index.php\/wp-json\/wp\/v2\/pages\/345","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/shinemount.co.uk\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/shinemount.co.uk\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/shinemount.co.uk\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/shinemount.co.uk\/index.php\/wp-json\/wp\/v2\/comments?post=345"}],"version-history":[{"count":2,"href":"https:\/\/shinemount.co.uk\/index.php\/wp-json\/wp\/v2\/pages\/345\/revisions"}],"predecessor-version":[{"id":347,"href":"https:\/\/shinemount.co.uk\/index.php\/wp-json\/wp\/v2\/pages\/345\/revisions\/347"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/shinemount.co.uk\/index.php\/wp-json\/wp\/v2\/media\/36"}],"wp:attachment":[{"href":"https:\/\/shinemount.co.uk\/index.php\/wp-json\/wp\/v2\/media?parent=345"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}