Standard Terms and Conditions for the sale of goods and supply of service by Philippa Herbert Ltd.
The following terms and conditions govern any contract for sale that we enter into with you.
Please read these terms and conditions carefully.
In these Conditions:
PH means Philippa Herbert Ltd.
“You” means the person, firm or company who accepts a quotation of PH for the supply of our Services and/or the sale of our Goods or whose order for the same is accepted by PH.
“the Conditions” means the standard terms and conditions of sale set out in this document and (unless the context requires otherwise) includes any special terms and conditions agreed in writing between You and PH.
“the Contract” means the contract for the purchase and sale of PH Goods and or the supply under these Conditions.
“the Delivery Address” means the place specified by You to which the Goods are to be delivered.
“the Goods” means the goods (or any part of the goods) referred to in the quotation provided to You or in the order placed by You to be sold by PH in accordance with these Conditions.
“the Services” means the service or services specified in PH’s sales literature to be supplied to You by PH in accordance with these Conditions.
2. Basis of the contract
2.1 PH submits all quotation and price lists and accepts all orders subject to the following Conditions. These Conditions apply to all contracts for goods supplied or work done by PH, their employees or agents to the exclusion of any other terms and conditions.
2.2 Usually You will have made the initial enquiry with PH and PH shall respond with an honest assessment of the task at hand, and inform You quickly whether it is within PH’s realm of expertise or not.
2.3 Once You have provided PH with sufficient information, PH shall give You a quotation of the costs of the Goods or Services (including delivery within the UK). The Contract becomes effective when You accept the quotation.
2.4 No variation of these conditions shall be binding unless agreed in writing.
3. Orders and Specifications
3.1 The quantity and description of the Goods and/or Services shall be as specified in the order placed by You and accepted by PH.
3.2 Any change in the quantity or description shall require the agreement of both parties and may involve an adjustment in the price.
3.3 No order which has been accepted by PH may be cancelled by You except with the agreement in writing of PH on the terms that You shall indemnify PH in full against all loss, costs (including the costs of all labour and materials used), damages, charges and expenses incurred by PH as a result of the cancellation.
3.4 PH’s Goods are made to Your specific order and PH will always endeavour to ensure that the Goods requested are suitable for Your needs prior to accepting an order. PH have a wide range of literature and a website where many of the Goods can be viewed prior to purchase.
4.1 Save in respect of Goods made from precious metals, the price of the Goods shall be the price listed in PH’s published price list current at the date PH accept Your order or such other price as may be agreed in writing by PH and You. In the case of error, PH reserves the right to change the price.
4.2 The price of precious metals fluctuates on an almost daily basis. Where the price per ounce of a particular metal increases by more than 5% in the period between PH accepting your Order, and the Order being completed, PH reserve the right to change the price of the Goods to take account of this increase in costs.
4.3 The price is exclusive of any applicable value added tax, sales or taxes of a similar nature which are imposed by any competent fiscal authority in respect of the Goods, which You shall be additionally liable to pay PH.
4.4 In addition to the invoiced price of the Goods You will be liable for all import duties applicable in Your location.
4.5 Unless otherwise stated all quoted pricing is in Pounds Sterling and is inclusive of VAT.
4.6 Prices for Goods to be delivered to a Delivery Address within the UK do not include the cost of delivery. You will be notified of the price of delivery to Delivery Addresses outside of the UK and payment will be requested from you in advance of the Goods being delivered.
5. Terms of Payment
5.1 Unless otherwise agreed, 50% of the due payment for PH casting products or services shall be payable by you at the time when the cast is taken at which time PH will provide you with an invoice in respect of the whole sum due. The remaining 50% of the due payment for PH casting products or services shall be payable when the product(s) (or service(s)), as cast, is/are delivered.
5.2 Unless otherwise agreed, payment in full for plated products become due at the time You submit the item to be plated to PH.
5.3 Payment in full for all pre-made products becomes due at the time you place Your order.
6.1 You will be given an estimate of the delivery date at the time PH accept Your order. PH will use their reasonable endeavours to meet any delivery deadline specified by You but all delivery items offered by PH are to be treated as reasonable estimates and no penalty can be accepted for non compliance with them.
6.2 If unforeseen circumstances arise, which prevent PH from meeting a delivery deadline specified by you, PH shall notify You as soon as reasonably possible with as much advanced notice as circumstances allow.
6.3 Delivery of the Goods shall be made by PH using a courier or postal service of PH choice or by such other method as PH shall choose.
7. Damaged Goods and Returns
7.1 Many of PH’s Goods are made of materials, such as glass, which may be damaged if not handled with care. PH packages all Goods with protective packaging to minimise the risk of damage during transport.
7.2 If any Goods received by You are in an unsatisfactory condition the following courses of action must be taken:
7.2.1 If the outer packaging is visibly damaged, then the Goods should be signed for only after You have noted that the packaging has been damaged.
7.2.2 If the Goods are found to be damaged after unpacking, You must inform PH immediately, who shall arrange with You for the Goods to be returned to PH.
7.2.3 PH shall bear no liability to You for damage which is not reported to them within 48 hours of You receiving the Goods.
7.2.4 Any returns made to PH for any reason, at any time, must be packaged in the original packaging or its direct equivalent and transported by a courier or postal service chosen by PH.
7.3 Where notification of damage is given in accordance with 7.2.2 above, PH shall either replace the Goods with Goods of satisfactory quality or (at their option) shall credit You with the price of the Goods.
8. Risk and Property
8.1 Ownership of the Goods and risk of damage to or loss of the Goods shall pass to You on delivery.
8.2 Ownership of the original moulds used to produce casting Goods remains with PH.
9. Warranties and liability
9.1 PH takes pride in the quality of their Goods and warrants to You that the Goods:
9.1.1 will be of satisfactory quality;
9.1.2 will be free from defects in materials and workmanship; and,
9.1.3 will correspond with Your reasonable specification.
9.2 If You notify PH that You are not satisfied with the quality of the Goods, PH shall discuss with You the reason for any dissatisfaction. It if is agreed that the Goods are not of satisfactory quality, then PH shall arrange for the Goods to be returned and shall either, replace the Goods with Goods of satisfactory Quality or (at their option), shall credit You with the price of the Goods.
9.3 PH stands by its products which are handcrafted and unique to each customer order. PH shall endeavour to ensure that You are completely satisfied with the Goods. However, complaints about the Goods which relate to matters other than the satisfactory quality of the Goods, shall not entitle You to either replacement Goods or the return of the price of the Goods unless expressly agreed in writing by PH.
9.4 Glass casts may contain unique internal features such as swirls, clouding and small air bubbles. These are the natural result of the glass casting process and are not caused by a defect in either the materials or workmanship. PH shall provide You with samples of glass casts in advance of You placing Your order. These markings will not render the Goods of unsatisfactory quality or entitle You to either replacement Goods or the return of the price of the Goods unless expressly agreed in writing by PH.
9.5 PH shall indemnify You against all liability and losses awarded against or incurred by You which result from any breach of warranty given by PH provided, that total liability of PH shall in no circumstances exceed the price of the Goods.
9.6 Neither PH nor You shall be liable to the other nor deemed to be in breach of the Contract by reason of any delay in performance or any failure to perform, any of its obligations in relation to the Contract, if such delay or failure was beyond PH’s or Your control. Examples of causes beyond either party’s reasonable control include:
9.6.1 Act of God, explosion, flood, tempest, fire or accident;
9.6.2 War or threat of sabotage, insurrection, or civil disturbance; and
9.6.3 Acts, restrictions, bye-laws, prohibitions or measures of any kind or part of any governmental, parliamentary or local authority.
10. Plated Products
PH shall use all reasonable care and skill to ensure that items sent to PH for plating are not damaged or lost during the plating process. However, PH shall not be liable for any damage or loss to Your items whatsoever and howsoever such damage or loss may be caused.
PH is happy to advise or assist with any subject relating to the correct usage, cleaning, storage or repair of any of its Goods.
12. Governing Law and Jurisdiction
This agreement and the performance of both parties shall be governed by English law. Both parties agree to submit to the jurisdiction of the Courts of England & Wales in the event of a dispute arising out of this agreement including (for the avoidance of doubt) as to the existence of it or as to the interpretation of its terms.
13. Indemnity (Third Parties)
You shall indemnify PH against all claims made against PH by a third party in respect of Goods and Services supplied by PH.
If any part of these terms and conditions is found to be illegal, void, or unenforceable for any reason, then such clause or section shall be severable from the remaining clauses and sections of these terms and conditions which shall remain in force.
All notices or notifications to PH pursuant to this agreement shall be sent to the following contact name and address:
Philippa Herbert Ltd – 37 Riggindale Road, London SW16 1QH – Tel 020 8769 4757