1. General
All orders are accepted and goods supplied to the following express terms
and conditions (Bridge Gallery standard conditions of sale) and save to
the extent that the exclusion or restriction of liability may be prohibited
by statute, all other conditions , warranties and representations, expressed
or implied and statutory otherwise, except as to title, are hereby excluded.
Any order placed by a Customer shall constitute an offer to contract upon
these express terms and conditions and no addition thereto or variation
therefrom whether contained in the Customer's order; or otherwise shall
apply unless expresssly agreed in writing by Bridge Gallery.
2. Orders
All orders are subject to availability of the goods. Any prior confirmation
by Bridge Gallery by facsimile, telephone or email shall be deemed to
be provisional only.
Cancellation or amendments of orders may be subject to a charge as stated
in Clause 11b.
3. Manufacturer's Specification
Bridge Gallery will not be liable in any respect for any loss or damage
caused by or resulting from any variation for whatever reason in the Manufacturer's
specifications and will not be responsible for any loss or damage resulting
from curtailment or cessation of supply following such variation. Bridge
Gallery will endeavour to advise the Customer of any such impending variation
as soon as it recieves notice from the Manufacturer.
4. Value Added Tax (VAT)
VAT is automatically added to the cost of Goods where applicable.
5. Delivery and shipping charges
Delivery charges are automatically added to the cost of Goods as part
of the process of submitting an order. Paintings and Ceramics
are heavy and delicate items which have to be packed carefully. Therefore,
UK post & packing is charged at a minimum of £5 per order. For
International orders, an additional charge will be made depending on country
and weight of order but agreement for this will be confirmed by email
before shipping and before charging the credit card. We reserve
the right to change shipping costs and to discuss this charge before accepting
any order.
6. Passing of Risk and Property
Risk in the Goods passes to the Customer on delivery.
Property in the Goods shall remain in Bridge Gallery until payment in
full has been made by the Customer.
7. Defects and Use
As expressly stated within Bridge Gallery's standard conditions of sale
and to the extent that the exclusion or restriction of liability may be
prohibited by statute, Bridge Gallery shall not be liable for any loss
of whatsoever to whomsoever or whatsoever nature caused arising out of
the use of Goods. The Customer shall indemnify Bridge Gallery against
all claims made against Bridge Gallery by any third party in respect thereof,
unless otherwise agreed. a) Where the Goods are rejected by the Customer
for whatsoever reason, Bridge Gallery will only accept the return of such
goods provided that it recieves written notice within 21 days and that
the Goods are returned within 21 days of reciept of the Goods with the
original packing and must be returned in the same condition that it was
despatched to the Customer. Any damage or loss to either Goods or packaging
will affect the amount of refund made. b) Where the Goods are found to
have defects or faulty workmanship in the Goods the Customer shall not
be entitled to recieve any compensation, credit or refund in excess of
that recieved by Bridge Gallery under any guarantee or warranty given
to it by the Manufacturer or supplier.
8. Return of Goods
Goods will not be accepted until a Return Authorisation number has been
obtained and the Goods have been returned to Bridge Gallery at the Customer's
expense. All Goods must be returned in good saleable condition within
30 days to ensure a full refund.
9. Payment
a) Payment shall be in advance. b) Bridge Gallery reserves the right to
suspend deliveries where payment is not recieved in accordance with sub-clause
(a).
10. Despatch
Any times quoted for despatch are to be treated as estimated only and
without prejudice, although every endeavour will be made by Bridge Gallery
to adhere to them. Quotations or offers of goods ex stock are subject
to the Goods being unsold at the time of receipt of the Customer's written
order (mail, fax or email). All despatch dates are calculated from the
date of acceptance of Bridge Gallery's written order.
11. Customer's Default and Cancellation and Re-scheduling of Deliveries.
a) If the circumstances or status of the Customer changes, for whatever
reason Bridge Gallery reserves the right without prejudice, to cancel
or suspend trading with the Customer including orders in progress.
b) Requests by a Customer for cancellation or amendment of an order or
for the re-scheduling of deliveries will only be considered by Bridge
Gallery if made in writing (mail, fax or email) and shall be subject to
the written acceptance of Bridge Gallery or if cancelled or re-scheduled
at the request of the Customer, then the Customer will indemnify Bridge
Gallery against all loss costs (including the cost of labour, materials
used and overheads incurred), damages, charges and expenses arising out
of the order and the cancellation, amendment or rescheduling thereof to
be calculated at 5% of the value of the order.
12. Force Majeure
Bridge Gallery shall not be liable for the cancellation of any order or
unfulfilled part thereof or for the effecting partial delivery if performance
by Bridge Gallery is prevented or delayed whether directly or indirectly
by any cause whatsoever beyond the reasonable control of Bridge Gallery
whether such cause existed or was foreseeable at the date of acceptance
of the Customer's order by Bridge Gallery or not and without prejudice
to the generality of the foregoing, any cause shall be deemed to prevent,
hinder or delay Bridge Gallery if Bridge Gallery is thereby prevented,
hindered or delayed from fulfilling other commitments whether to the Customer
or to third parties.
13. Non-Standard Products
Unless otherwise stated the Goods are supplied in accordance with the
Manufacturer's standard specification. In no circumstances will it consider
cancellation of such non-standard products or the return of the Goods.
14. Exclusion of Liability
a) Except where provided for otherwise in these Conditions, Bridge Gallery
shall be under no liability of whatsoever kind howsoever caused whether
or not due to the negligence or wilful default by Bridge Gallery or its
servants or conditions or other terms, whether expressly excluded providing
that nothing in this paragraph shall exclude or restrict any liability
of Bridge Gallery or its servants or agents.
b) In any event, Bridge Gallery's liability shall be limited to direct
loss and shall not incude indirect or consequential loss.
15. Waiver
The waiver by Bridge Gallery or any breach of any term hereunder shall
not prevent the subsequent enforcement of that term and shall not be deemed
a waiver of any subsequent breach.
16. Indemnity
In no event shall Bridge Gallery be liable for indirect or consequential
expenses incurred or damages. Bridge Gallery disclaims all liability to
the Customer for any losses as a result of negligence or other tortious
act by Bridge Gallery, its employees or agents.
17. Forms
It is hereby acknowledged by the Customer that the only terms and conditions
of trade which apply to the supply of goods by Bridge Gallery to the Customer
are those contained herein and no other.
18. Jurisdiction
The agreement shall be governed by and construed in accordance with the
law in Wales and the Courts of Wales shall have jurisdiction to hear all
disputes arising in connection with the agreement.
| Back to the TOP |