Terms and Conditions


This site is owned by Clayton Munroe Limited (hereafter The Company) and registered in England, Registration No. 01814914, with registered address at 2B Burke Road, Totnes Industrial Estate, Totnes, TQ9 5XL.  The Customer means the person, firm or company purchasing the goods or service.

Any purchase of goods from the site claytonmunroe.com  requires the Customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".


WARRANTY

Subject to condition 2 and 3 below, the Company warrants that all goods supplied by it ("the Goods") will be free from material defects in materials or workmanship for a period of 12 months from the date of delivery. The Company's obligation in the event of a breach of this warranty is limited to the repair or replacement of any defective goods and does not extend to any consequential loss, damage, loss of profit or expense suffered by the customer or third parties, except in the case of death or personal injury caused by the Company's negligence. Claims under this warranty must be in writing. At the request of the Company the goods must be returned to the company by the customer. In the event of the Company accepting liability under this warranty reasonable freighting costs will be reimbursed to the Customer. The Company shall be under no liability for any defect or failure in the goods arising from any drawing, design or specification supplied by the Customer. The Company shall be under no liability if the defect or failure, in the reasonable opinion of the Company, arises from wilful damage, misuse, negligence by the Customer or any third party, failure to follow the Company's installation or maintenance instructions, or alteration or repair of the goods without the Company's prior written approval. The Company shall be under no liability if the price for the goods has not been paid by the due date for payment. The Company reserves the right to vary the published specification without notice and any advice, recommendation or representation concerning the goods given by the Company to the Customer or any third party, which is not confirmed in writing by the Company, is acted or relied upon, this is done entirely at the Customers discretion without any liability whatsoever upon the Company. All other warranties (save for section 12 Sale of Goods Act) are to the fullest extent permissible in law, excluded from this Contract.

MAnufacturing tolerance

Due to the various manufacturing processes and/or base material it is not possible to replicate each individual item exactly.  Acceptable variation in dimensions and finish will occur between products and finishes. In placing an order, the Customer accepts this inherent process variation.


FINISHES

For products that are finished in Patine or Black, especially if used externally, some tarnish or corrosion must be expected especially where two surfaces are in close proximity or have rubbed together or where the lacquer has broken down. The maintenance instructions issued by the Company must be followed which will minimise any tarnish or corrosion and help maintain the finish.  Providing the maintenance instructions are adhered to, the Patine and Black finishes are guaranteed for 2 years against excessive tarnish or corrosion and 10 years for any product with a PVD finish.  No liability is accepted for corrosion or tarnish where waxed, lacquered, or plated materials that have not undergone the PVD treatment, are used externally or in areas of high humidity or pollution. Section 1. above sets out the Companyís obligation in the event of a breach of this warranty.


quotations

Any quotation, estimate or price given by the Company is given in good faith but constitutes only an invitation to the Customer to make an offer and any order of the Customer placed with the Company pursuant of a quotation, estimate or price given by the Company or otherwise is not binding on the Company until such time as the order is accepted by the Company. At itís own discretion, the Company may issue an order confirmation and the Customer shall immediately notify the Company of any mistakes or inaccuracies on such confirmation. Failure to do so, the customer shall be liable for the full price of the Goods as set out on the order confirmation.


prices and payment

Unless otherwise agreed in writing by the Company, the price of the Goods shall be the price as set out in the Company's price list current at the date of delivery of the Goods. Until such time as an order is accepted by the Company, prices are subject to alteration without notice. The Customer is liable to the Company for Value Added Tax and any other tax or duty relating to the contract. Where prices or discounts are dependant on minimum quantity of items purchased or order values, even if this is to be achieved over a period of time, then should any subsequent order or orders not result in reaching the minimum required or the minimum is reached but subsequent product returns take the totals below the minimum, then the Company reserves the right to revise the price charged on related invoices and make a charge to the customer for the value of the resulting price difference. Payment can be made with cash or any other means of cleared funds that is acceptable to the Company. If payment is made by cheque not supported by a cheque guarantee card, the Company requires the cheque to be cleared before Goods can be released. For Special items the Company may require full payment or a proportion of the cost to be paid at the time of ordering with the balance payable prior to dispatch. Special items are products that the Company either manufactures to the Customers specification or items that the Company obtains from its supplier specifically for the Customer.


Delivery 

Delivery dates are given in good faith and are adhered to as closely as possible but no liability is accepted for any unforeseen delays subsequently arising or for any consequential loss or damage caused to the customer or third parties as a result of any delays for whatever reason. The Company may deliver in instalments and issue a separate invoice for each instalment. The Customer may request part delivery with each consignment subject to carriage charges. If any item was sent in error the Company will arrange collection from the customer and deliver the correct item free of charge.


samples and display material

The Company may supply samples at the request of the Customer for approval purposes. Samples will be invoiced and paid for or charged to an approved trading account.  With the exception of ĎSpecialí items, samples are provided on a sale or return basis for 28 days; during this time the customer may return the samples to the Company in an undamaged and complete condition, the Company will then issue a full refund for the price paid for the item excluding carriage or incidental charges. At its own discretion the Company may provide all or part of these samples free of charge when they will be provided on loan and shall remain the property of the Company. The Company reserves the right to make a charge should any item on inspection not be in its original undamaged condition or is incomplete. The Company may also provide sample products for display and marketing purposes and may at its own discretion provide all or part of these samples free of charge when they will be provided on loan and shall remain the property of the Company. The Customer undertakes to use these sample products solely in the promotion of the Companyís products and to keep these products in good order and condition and to return them to the Company or make them available for collection by the Company or its agent, within 7 days of a written demand from the Company to that effect. In the event of the Customer failing to return or make available these Goods then the Company will be entitled to invoice the Customer for the current value of the Goods together with any expenses incurred in attempting recovery.


risk

The risk in the goods for loss or damage passes to the Customer under delivery to the Customer or his/her representative irrespective of whether title to the goods has passed or not.


transit damage and shortages

These must be reported to the Company within two working days of receipt of the goods and confirmed in writing.


CArriage

Unless otherwise agreed, for orders delivered within the U.K. mainland, the Company's standard delivery tariff applicable at the date of despatch will apply. Express carriage will attract additional cost according to the delivery service level and the weight.  Delivery charges for non-mainland UK regions and for overseas deliveries are by quotation.


Force Majeure

The Company shall not be liable to the Customer, or be deemed to be in breach of the contract with the Customer, by reason of any delay in performing, or failure to perform any of the Company's obligations in relation to the goods, if the delay or failure was due to force majeure or to any cause beyond the Company's reasonable control.


trading accounts

For approved monthly trading account customers, payment must be received by the end of the month following the month of invoice. The Customer may not withhold payment of any invoice or other amount due to the Company by reason of any dispute of whatever nature or counterclaim or right of set-off. The Company may from time to time and at itís own discretion set-off any payment received to a customers account, towards the satisfaction of all and any liabilities of the Customer to the Company. Time shall be of the essence with regard to payment. In the event of an invoice becoming overdue for payment then at the discretion of the Company any discount will be forfeited and interest will be charged on the overdue amount at a rate of no more than 8% above Lloyds TSB Plc base rates. In addition to interest charges, any costs incurred by the Company in respect of administration and recovery of the overdue invoices will be charged to the Customer and will become immediately due for payment. The Company may withdraw or reduce or alter the terms of any trading account facilities that it provides the Customer at any time and at its own discretion.


reservation of title

The goods sold under these conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the Company until payment in full of all amounts invoiced or due to the Company in respect of the goods or related charges is made in cleared funds. The Customer shall store the goods separately and shall ensure that they are clearly identified as the Company's property and shall ensure they are maintained in a satisfactory condition. If the Customer shall enter into liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the Goods has passed in accordance with this condition, the Company shall be entitled, immediately after giving notice of its intention to repossess the Goods, to enter upon the premises of the Customer with such transport and tools as may be necessary and to repossess any goods to which it has title under this condition. No liquidator, receiver, administrator or administrative receiver of the Customer shall have authority to sell goods to which the Company has title without prior written consent of the Company.


INSOLVENCY of the customer

If the Customer, being a body corporate, shall pass a resolution or suffer an order of the Court to be made for winding-up, or if a receiver, administrator or administrative receiver shall be appointed or, being an individual or partnership, shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then the Company shall have the right, without prejudice to any other contract with the Customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not), for goods and materials already purchased for the Customer and for any related expenses incurred, such charge to be an immediate debt due from the Customer.


returns

With the exception of ĎSpecialí items, the Customer can return the goods to the Company in an undamaged condition and complete with itís components and fixings within 28 days of purchase and the Company will issue a full refund for the price paid for the item excluding carriage or incidental charges, except where the price paid was quantity or order value related in which case the refund will be calculated on the revised quantity or order value level applicable after the return is taken into account. If any item was sent in error, the Company will arrange collection from the Customer and deliver the correct item free of charge or refund reasonable return carriage costs incurred by the customer. Where the Company declares that a delivered item is faulty, the Company will arrange collection from the Customer and deliver the correct item free of charge or refund reasonable return carriage costs incurred by the customer. In all other circumstances the cost of returning the goods is the responsibility of the Customer. The Company reserves the right to make a charge should any item upon inspection not be in its original undamaged condition or incomplete. Special items cannot be returned. Where prices or discounts are dependant on minimum quantity of items purchased or order values, even if this is to be achieved over a period of time, then should any subsequent product returns take the totals below the minimum, then the Company reserves the right to revise the price charged on related invoices and make a charge to the customer for the value of the resulting price difference.


RETURNS

Special items are products that the Company either manufactures to the Customers specification or items that the Company obtains from its supplier specifically for the Customer. The Company will make the Customer aware of these items by the issue of a ĎSpecial Itemí order acknowledgement.  Because of their unique nature, special items cannot be returned unless faulty in manufacture.

INTELLECTUAL & PATENT RIGHTS ETC

The placing of an order with the Company will be a recognition by the Customer of the rights of the Company under patents, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced. The Customer undertakes not to take any action that may infringe the Company's intellectual property rights in the Goods.


Rights of third parties

Nothing in these terms and conditions shall confer any benefits or the right to enforce any term of this Contract on any person who is not a party to the Contract under the Contracts (Rights of Third Parties) Act 1999.


errors and omissions

Any typographical, clerical or any other error or omission made by the Company shall be subject to correction without liability on the part of the Company.


terms and conditions and applicable law

The Company only accepts orders and sells its goods upon and subject to itís own terms and conditions which shall prevail over any terms or conditions of the Customer. Any waiver by the Company of any breach or default of these terms shall not be construed as a continued waiver of that breach nor as a waiver of any subsequent breach of the same or any other provision.

Terms & Conditions are subject to periodic review.  The current version is available upon request. These terms and conditions shall be governed by and construed in accordance with English law and the parties acknowledge and accept the exclusive jurisdiction of the English Courts.


statutory rights

These Terms & Conditions excepted, the Customer's statutory rights are not effected.

End