Terms and conditions of Sales (these do not affect your statutory rights as a customer (if applicable)
the following words and expressions shall have the meanings set out opposite unless the context shall require otherwise:-
1.1 "Elgin Sewing Centre" means Elgin Sewing Centre and or any other associated subsidiary.
1.2 "Customer" means the person who buys or who agreed to buy the products from Elgin Sewing Centre.
2.1 Any order for products shall be deemed to be an offer by the customer to purchase Products persuant to these terms and conditions.
2.2 The contract between Elgin Sewing Centre and the customer in respect of the Products comes into existence when the Customer's order has been accepted by Elgin Sewing Centre in accordance with the terms and conditions herein.
2.3 These terms and conditions shall not be altered, modified or varied unless expressly agreed to in writing by a Elgin Sewing Centre Partner.
3.1 All price lists, advertising material or similar materials issued by Elgin Sewing Centre are indicative only as to the price and range of products available from time to time.
3.2 The price shall be the price quoted by Elgin Sewing Centre at the time of the customer placing the order and shall exclude delivery charges. A total price including surcharges will be issued on completion of the Customer placing the order.
3.3 Elgin Sewing Centre reserves the right to amend quoted prices and delivery charges at any time prior to delivery.
4.1 The customer shall pay the price and any other sums due in respect of the Products prior to despatch.
5.1 Delivery times quoted are estimates only and time shall not be of the essence of the contract.
5.2 Elgin Sewing Centre shall be entitled to deliver the Products in one consignment or more consignments unless otherwise expressly agreed.
5.4 All risk in the Products shall pass to the customer or its appointed agent at the time of delivery
6.1 In spite of delivery having been made title in the Products shall not pass to the customer until the customer shall have paid all sums due to Elgin Sewing Centre.
6.2 Prior to the title of the Products passing to the customer the customer shall hold the products as fiduciary agent to Elgin Sewing Centreand shall keep the Products seperate from any other goods stored, protected, and insured and clearly identified and shall bear the costs thereof.
7.1 The Customer shall inspect the Products immediately on delivery and shall within 48 hours of delivery notify Elgin Sewing Centre of any damaged goods, defects or discrepencies. The Customer shall be deemed to have accepted the Products if the customer shall have removed the Products from their wrapping.
7.2 Any physically damaged, discrepancy or unopened Products must be returned to Elgin Sewing Centre within 14 days of delivery. In circumstances where the Product manufacturers Terms and Conditions are more rigorous than those of Elgin Sewing Centre the customer must, as Elgin Sewing centre will be obliged to, comply with those requirements.
7.3 Elgin Sewing Centre will make good by repair or replace at its option any Product which under proper use are or become defective within a period of 12 months from the date of the invoice unless the manufacturers warranty is of a longer period.
8 Limitations of Liability
8.1 Except in respect of death or personal injury caused by Elgin Sewing Centre'e negligence, Elgin Sewing Centre's liability whether in contract tort or otherwise in respect of any defect in the Products or for any breach of the Agreement or of any duty owed to the Customer in connection herewith shall be limited in the aggregate to the price of the Products in question.
9 Proprietary rights
9.1 The Products are sold subject to the rights of any person whether in respect of any patent, trademark, registered design, copyright, confidential disclosure or otherwise to prevent or restrict the sale or use of the Products in any part of the world and the Customer will in this respect accept such title to the Products as Elgin Sewing Centre may have.
9.2 The customer herby acknowledges their sole responsibility to comply with all terms and conditions of any licence attaching to Third Party Software supplied and delivered by Elgin Sewing Centre. The Customer hereby acknowledges that failure to comply with such terms and conditions may result in the Customer being refused a software licence or having the same revoked by the propietary owner. The Customer hereby further agrees to indemnify Elgin Sewing Centre in respect of all costs, charges or expenses incurred by Elgin Sewing Centre as a result of any breach by the Customer of such conditions.
10.1 The failure of Elgin Sewing Centre to enforce or to exercise at any time or for any period of time any right pursuant to this Agreement does not constitute and shall not be construed as a waiver of such term or right.
11 Force Majeure
11.1 Neither party shall be liable for any default due to any act of God, war, strike, lock-out industrial action, fire, flood, drought, storm, or other event beyond the reasonable control of either party.
12.1 Any notice given under or pursuant to the contract may be sent by hand or post or by registered post or by recorded delivery or transmitted by facsimile or other means of telecommuncations resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the Contact section of this website or such other address as trhe party may by notice to the other have substituted therefore shall be deemed validly and effectively given on the day when in the ordinary course of the means of transmission it would be first be received by the addressee in normal business hours.
13 Legal Provisions
13.1 The construction, validity and performance of this Agreement is governed by the Law of Scotland and the parties submit to the non exclusive jurisdiction of the Scottish courts.
14 Clause Headings
14.1 Clause headings are for convenience only and do not form part or affect interpretation of this Agreement.