Terms and Conditions
Terms and Conditions
General – These conditions of sale apply to goods & services provided by Ulster Ceramics plc (Pottery Supplies Division), and are for trade use only.
Operation & Jurisdiction – Orders are accepted and goods & services supplied only in accordance with the terms of our Conditions of Sale as printed here unless specially varied by us in writing. Any conditions sought to be applied by the customer which conflict with these Conditions of Sale will be deemed and treated as inapplicable. These Conditions of Sale shall be construed and operated in accordance with the laws of Northern Ireland, and any contract incorporating these conditions shall be subject to the exclusive jurisdiction of the courts of Northern Ireland. If any provision of these conditions held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
Payment – Credit is allowed to Educational Authorities and similar bodies, and will be allowed to other customers by prior arrangement and on production of acceptable trade and bankers references. Payment of credit account is to be made within 30 days of invoice unless otherwise agreed. Non compliance may result in automatic withdrawal of credit facilities. A deposit may be required on large pieces of equipment.
Interest on Overdue Accounts – If accounts are not paid within the specified period, we reserve the right to charge interest at a rate of 1.5% per month or part month on any amount overdue. Passing of Risk & Property – Risk of loss or damage to the goods supplied shall pass to the customer at time of delivery. However, the goods remain the property of Ulster Ceramics plc (Pottery Supplies Division) until paid for in full. Prices – Prices in our current price list supersede those previously quoted and are subject to change without notice. All prices printed in catalogues, price lists, advertising matter or elsewhere and including any stated verbally are intended for guidance only, and unless otherwise agreed in writing, orders will be invoiced at prices ruling at date of dispatch. Quotations will be firm for 30 days unless otherwise stated. Any error or omission in any sales literature, quotation, price list, invoice or other document or information issued by us shall be subject to correction without any liability on our part. All prices are Ex-Works.
Carriage – Where we have separately quoted for delivery, or the quoted price includes delivery, then the goods will be delivered at quoted cost to the customers’ premises. Delivery will be to the nearest practicable point to the customer’s premises. Off loading and moving into position is however the purchasers responsibility unless alternative arrangements have been agreed in writing. Packing – Raw materials, clays, glazes, colours, tools and most equipment is packed in non-returnable packing, the cost of which is included in the prices shown in the price list. Extra charges for packing kilns etc. will be charged at cost.
Descriptions, Specifications & Performance – All descriptions given verbally or in any written form are for the purposes of general guidance. No guarantee of any kind is to be implied by such information, nor is it to form part of any contract. Technical information and data regarding the properties of materials or the performance of machinery or equipment is based on the results obtained under our test conditions or upon data from manufacturing suppliers. It is given in good faith, but no warranties or guarantees are to be implied unless given in writing for specific batches of materials or specific items of equipment. We reserve the right without prior notice to discontinue any product or to make design changes or modifications as part of our continuous programme of product improvement, or to assist product availability. Goods are offered to the Buyer on the basis that they have taken all reasonable measures to confirm their suitability for the Buyer’s own particular product and production methods. Delivery – Although we make every effort to adhere to stated delivery times, we shall not be liable for the consequence of any delay, however caused.
Loss or Damage in Transit – Where goods are supplied on carriage paid terms we will replace at our option, and at our expense make good any items or component part lost or damaged in transit, provided that: (a) In the event of non-delivery or partial loss, customers must give notice to us in writing within 5 days after dispatch given on our invoice or delivery note. (b) In the case of damage, the carrier’s receipt should be endorsed appropriately, and the customer should advise us within three days of receipt. If possible, consignments should be examined in the presence of the deliveryman and damages immediately noted. If this is not possible, sign the delivery note ‘Goods Un-examined’ and arrange inspection within 24 hours. Damage must then be reported to us and to the carrier within 3 days of delivery. Please note that a ‘clear signature’ (i.e. signing for receipt of goods but without endorsement) denotes safe receipt and no responsibility can then be accepted by the carriers or by us for any damage subsequently discovered.
Returned Goods and Handling Charges – Subject to our prior consent having been obtained, products can be returned to us in an unused condition within 30 days of the invoice date, stating relevant invoice number. An administrative charge of 10% of the net value plus transport charges will be levied, subject to a minimum charge of STG£3.00 or euros€5 and contingent upon the salvage value of the returned merchandise. These terms do not apply to merchandise returned because of some defect or due to some error on our part. Full credit will be given in these circumstances. However, customers must contact us in advance to make provision for the safe transit or collection of the goods.
Liability – We will exchange any goods found to be unsatisfactory, but sell only on the condition that our liability is limited to the necessary cost of testing & exchange and that each consignment of materials must be sample tested before bulk use. No allowance can be made for materials tested after one month from time of dispatch. Defects in any item or in any delivery constituting part of a contract shall not entitle the buyer to withhold payment or refuse delivery for the remainder of the contract. All warranties, guarantees & conditions other than those herein expressed or specifically referred whether implied by Common Law, Statutory Custom of the Trade or otherwise are hereby expressly excluded. This clause does not however affect the statutory rights of a customer who is a ‘consumer’ within the meaning of the Unfair Contract Terms Act of 1977. We shall not be liable for any defect in the goods arising from any drawing, design or specification supplied by the Buyer. We accept no liability in respect of any defect arising from fair wear & tear, negligence, wilful damage, abnormal working or storage conditions, failure to follow our instructions, misuse, alteration or repair of the goods without our approval. Subject to the terms of the Consumer Protection Act 1987 we shall not be liable for any consequences or indirect loss suffered by the Buyer, whether this arises from a breach of a duty in Contract or Tort in any way.
Kilns, Machinery & Equipment – Please refer to the manufacturers conditions.
Returned Goods – Goods may not be returned without prior approval and documentation from us.
Cancellation policy – Cancellations are accepted before goods are shipped otherwise please refer to our returns policy.
Please Note – The Conditions above are for commercial transactions. Separate terms apply to Consumers. Prices exclude delivery costs. A guide to carriage costs is given in our price lists. Special delivery arrangements and extra carriage costs may apply to kilns & machinery Prices quoted are correct at time of going to press, but are subject to change. Please check current prices before ordering. We are continually trying to improve our products, and specifications may change from time to time.