1. DEFINITIONS AND EFFECT OF CONDITIONS

(a) The company means Coventry Silvercraft Co. Ltd.
(b) These conditions shall apply to and be incorporated into every agreement between the company and any person, firm or company (“the customer”) under which the company supplies goods or services at the request of the customer.
(c) These conditions shall supersede all earlier conditions of the company.
(d) These conditions shall take precedence over any conditions of the customer and shall not be varied without the written consent of a Director of the company.
(e) References to “goods” include the supply of any services to be supplied by the Company to the Customer.
(f) “Agreement” means the agreement between the Company and the Customer for the sale of goods and/or the supply of services.

2. DELIVERY

(a) Delivery of the goods to the customer’s address or any other place stipulated by him shall constitute delivery and the risk therein shall pass upon such delivery to the customer.
(b) The company shall be entitled to make partial deliveries by instalments where agreed and these conditions shall apply to each partial delivery.

3. FORCE MAJEURE

The company will not be deemed to be in breach of any of its obligations under the agreement or otherwise be liable to the customer due to any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the company’s control (including without limitation breakdown of plant or machinery, strike or industrial, dispute, shortage of materials or failure of or delay in receiving supplies, act of war (whether declared or not). Act of God, or any law regulation of any government or any local or municipal authority. If any such event continues for more than 28 days the company may terminate the agreement forthwith by written notice to the customer without prejudice to the accrued rights of either party.

4. PRICE

(a) Unless otherwise stated any prices quoted by the company are

(i) exclusive of value added tax and any other taxes
(ii) exclusive of carriage, packing and insurance. (Back orders will incur additional carriage charges).
(iii) exclusive of any release certificates and the company shall charge extra in respect of the above items.

(b) prices quoted are those current at the time of quotation and may be subject to change which will be notified to you.
(c) Where agreed call offs are adhered to by the customer, the company reserves the right to amend the price structure in accordance with the quantities delivered.

5. PAYMENT

(a) With all new business a deposit will be requested before commencement of work and the balance prior to despatch of goods. Where a credit card deposit is made a receipt will be sent with invoice.
(b) Established accounts must not be paid later than 30 days from date of invoice.
(c) The company reserves the right to suspend deliveries where payment is not received in accordance with paragraph (a) of this clause or in accordance with any alternative items of payment agreed in writing.
(d) Where payment is not made in accordance with the terms of paragraph 5(a) hereof the customer shall pay interest on any unpaid amounts calculated at 3% above Barclays Bank PLC’s base rate for the time being in force calculated on a daily basis.
(e) No cash or other discount is allowed unless agreed in writing.
(f) If the company is able to delivery some items comprising the goods the subject of an agreement but unable to deliver all such items due to cause beyond its control (including but not limited to the examples referred to in Condition 3 hereof) the customer shall pay for such items as are delivered.

6. TELEPHONED ORDERS

The customer must send to the company a written order in confirmation of any telephoned orders duly marked as confirmation. All engraving must be supplied in writing.

7. TITLE OF GOODS

(a) Even though the goods may have been delivered and the customer may be responsible for any loss or destruction of or damage to the goods and not withstanding any other provision of these Conditions, the legal and beneficial ownership of the goods will remain with the company until the company has received payment in full of:-

(i) all sums payments to the Company in relation to the agreement, and
(ii) all other sums due from the customer to the Company when, the sums referred to in (i) are paid, in respect of the supply of any other goods or services.

(b) Until the customer becomes the owner of the goods in accordance with 7(a) the customer shall:-

(i) Hold the goods as fiduciary agent and bailee for the company who may, at any time and without prior notice, require the customer to deliver up the goods to the company (whether or not they form part of or are affixed to any other item) and, if it fails to do so immediately enter the premises where the goods may be situation with its representatives and appropriate transport and repossess the goods;
(ii) not, except in accordance with condition 7(c), sell, part with possession of, use or do anything else inconsistent with the company’s ownership of any of the goods and will ensure that they are not affixed to any land or building, are kept separate from any other item, properly stored and protected and clearly identified as the Company’s property, and are insured to their full replacement value against all normal comprehensive risks.

(c) Until ownership of the goods passes to the customer provided that it complies with the agreement the customer may sell the goods in the ordinary course of its full market value.
(d) After the company has repossessed any goods it may sell them and the proceeds of sale will belong to the company absolutely and the customer will have no right or interest in those proceeds. If the net proceeds received by the company are less than the amount payable to it in relation to the agreement it may recover the balance from the customer.
(e) The customer will become responsible for any loss or destruction of or damage to any goods on their delivery.
(f) All insurance proceeds receivable by the customer in respect of the goods shall be held in trust by the customer for the company in a separate account and first be applied in or towards discharging any sums payable under the agreement.
(g) Even if ownership of the goods has not passed to the customer the company may recover all sums payable to it is relation to the agreement.

8. DRAWINGS etc.

All drawings, descriptive weights, dimensions and the descriptions and illustrations contained in the sales literature and price lists are approximate only and not form part of this Agreement. In addition, drawings, technical documents issued either before or after the conclusion of this Agreement for the use or information of the Customer and such other information as maybe supplied to the Customer including specifications shall not be copied, reproduced or communicated by any third party without the Company’s prior written consent.

9. LOSS OR DAMAGE IN TRANSIT

(a) The company will not be responsible for damage to any of the goods or loss of the goods or part thereof in transit or for any discrepancy between the goods delivered and the contracted goods to the company unless the customer gives written notice of a claim to the company and to the carrier (as appropriate).

(i) in the case of damage or discrepancy within 3 days after having received the goods and
(ii) in the case of loss or shortage within 3 days of the date of delivery of the other goods under the relevant consignment.

The customer will also be asked to sign a copy of the company’s carrier’s delivery manifest as acknowledgement of receipt of goods. The customer should inspect the goods carefully as an unqualified signature shall be deemed to signify the customer’s acceptance that the goods are in good condition.

10. GUARANTEE

(a) Coventry Silvercraft guarantees your satisfaction with our products and problems must be notified within 21 days and the good returned to us for assessment and replacement as necessary.
(b) The guarantee will be subject to the following conditions:-

(i) it will not apply defect or damage resulting from any alteration or modification to the goods without the company’s prior written consent, incorrect storage, normal wear and tear, overloading, misuse, abnormal conditions of use, incorrect installation by anyone other than the company, maintenance or repair not carried out by the company, use which is not in accordance with the company’s or the manufacturer’s instructions, any act or omission of the customer or any third party or any fault in any other goods or equipment.
(ii) allegedly defective or damaged goods must be returned to the company carriage paid at its address stated overleaf, together with their original packaging and all related manuals and accessories. Please ensure that the goods/parcels in question are both packaged in the appropriate fashion and clearly labelled with the relevant RMA number.

11. RETURNED GOODS AND CANCELLATIONS

The customer shall not return any goods (except in accordance with Condition 10) or cancel any orders without the company’s previous written consent. Such consent will not be given where goods have been specially purchased by the company to meet the customer’s requirements. If the company at its discretion gives consent, it reserves the right to make a cancellation charge of 25% (or such higher percentage as may be notified to the customer before or when such consent is given by the company) of the contract price of the goods concerned plus VAT.

12. COPYRIGHT, PATENTS, TRADE MARKS AND INTELLECTUAL PROPERTY RIGHTS.

(a) The customer acknowledges that rights in respect of trade marks, trade names, copyrights, patents and other intellectual property rights, connected with the goods do not pass to customer.
(b) The customer agrees to indemnify the company against all liabilities, costs and expenses which the company may incur as a result of work done in accordance with the customer’s specifications which involve infringement of any patent or other propriety right.

13. SUBCONTRACTING

The company reserves the right to sub-contract any part of any work or supply of any goods or services.

14. CONSTRUCTION AND USE

The company shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of the acceptance or order.

15. HEADING

The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.

16. TERMINATION

The company shall be entitled by notice in writing to terminate any agreement without prejudice to any claim or right the company may otherwise make or exercise where,

(a) the customer is in breach of any term, condition or provision of this agreement or required by law.
(b) the customer shall go into liquidation (except for the purpose of reconstruction) or if any petition or resolution to wind up the customer shall be presented or if a receiver is appointed of the customer’s undertaking property of assets or if a distress shall be levied upon any of the customer’s property or if the customer shall commit any act of bankruptcy.

17. JURISDICTION

The agreement shall be governed by any construed in accordance with English Law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the agreement.

18. SET OFF

The company shall be entitled but not obliged at any time to set off any sum payable by or any liability of the customer against any sum payable by or liability of the company to the customer (in either case whether arising under the contract for the supply of the goods or otherwise howsoever and whether any such liability is present or future, liquidated or unliquidated and irrespective of the currency or is denomination) and may for such purposed convert or exchange any currency. Any exercise by the company of this right will be without prejudice to its other rights under the contract relating to the supply of the goods.

19. PRIVACY

Your details and data

Your privacy as an individual and as a customer is important to us, so we do not use the information you provide for other than what is required to fulfil your orders or offer you further literature or product details. We do not pass your contact information to any other parties.

Any personal data gathered by us in your use of this site will be recorded electronically and only used in accordance with the UK Data Protection Act 1998. Gathered and stored by Coventry Silvercraft in order to effect delivery of your goods and provide our full customer service to you, as well as accounting and other records.