Standard terms of business

The supply and sale of goods and services by Emma Beddow Design is subject to the following standard terms and conditions:-

1. In these terms and conditions:
“Emma Beddow Design or “EBD” means Draughtsman Ltd.
“goods” shall be taken to include design or other services as well as physical items
“the customer” means a person ordering goods or services from EBD.

2. EBD shall have no obligation to accept an order from the customer nor to give any reason for EBD’s refusal to supply such an order.

3. Goods covered by our invoices are not supplied and sold on a sale or return basis. No returns of such goods will be accepted unless previously agreed in writing with an authorised agent of EBD.

4. The price of goods covered by this invoice shall be the price listed in the published price list for such goods current at the date of delivery less such discount as may have been agreed between EBD or its authorised agent and the customer in writing. The price is exclusive of any applicable value added or other tax, which the customer shall be additionally liable to pay to EBD.

5. Standard payment terms [only for customers with agreed credit accounts] are 14 days net i.e. payments for goods supplied must be received by EBD within 14 days of invoice date unless otherwise agreed in writing between EBD or its authorised agent and the customer, or as may be otherwise stated on an invoice. [Orders from customers who do not have an agreed credit account will only be accepted against prepayment in full.]

6. EBD shall be entitled, to charge the customer interest on any amount unpaid, from the the date the amount became overdue at the rate of 3 per cent. per annum above Bank of England base rate as varied by the bank from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

7. Claims for credit or replacement stock in respect of any delivery of goods shall only be considered if such a claim is received in writing at EBD’s registered office [The Old Farmhouse, Buckland Newton, Dorchester DT2 7DJ] within fourteen days of the date of receipt of the goods by the customer. [EBD shall, at its own discretion, decide whether such claims are to be satisfied by credit or replacement stock.]

8. If the customer has arranged delivery, risk of damage to or loss of the goods shall pass to the customer at the time of handing to the customers courier, shipper or agent. If EBD has arranged delivery, risk of damage to or loss of the goods shall pass to the customer at the time of delivery or, if the customer wrongfully fails to take delivery of the goods, the time when EBD has tendered delivery of the goods.

Notwithstanding delivery and the passing of risk in the goods, or any other provision of these terms and conditions, the property in the goods shall not pass to the customer until EBD has received in cash or cleared funds payment in full of the price of the goods [and all other goods agreed to be sold by EBD to the customer for which payment is then due.]

9. Subject as expressly provided in these terms and conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10. Except in respect of death or personal injury caused by EBD’s negligence, EBD shall not be liable to the customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under these terms and conditions, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of EBD, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods covered by this invoice or their use or resale by the customer, except as expressly provided in these terms and conditions.

11. Warranties or guarantees shall be limited to that provided to consumers by EBD’s suppliers. Claims shall wherever possible be taken up by the customer directly with the manufacturers or original service providers

12. If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed unable to pay its debts or has a winding up petition issued against it or being a person commits an act of bankruptcy or has an act of bankruptcy issued against him, EBD without prejudice to other remedies shall have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt to him.

13. The customer shall notify EBD forthwith in writing of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights in the goods covered by this invoice of which the customer becomes aware.

14. EBD’s employees or agents are not authorised to make any representations concerning goods unless confirmed by EBD in writing. By accepting delivery of the goods covered by an invoice the customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

15. No variation to these terms and conditions shall be binding unless agreed in writing between the authorised representatives of EBD and the customer.

16. By accepting delivery of goods covered by an invoice, the customer acknowledges receipt of and thereby agrees to be bound by these terms and conditions.

17. Any Agreement for the supply and sale of goods on these terms and conditions shall be governed by the laws of England.

E. & O.E.

September 2020