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TERMS & CONDITIONS
TRADING TERMS
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.
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