Terms & Conditions

Throughout this document the term “Company” will refer to SM Finishing (2004) Ltd.

PRICE VARIATION: Quotations are based on all information supplied at the time of quotation and, unless otherwise agreed, are subject to amendment should any information be incorrect or inaccurate. All amendments to quotation will be agreed and confirmed in writing by the Company.
TAX: The Company reserves the right to charge the amount of any value added tax payable whether or not included on the quotation or invoice.
MATERIALS SUPPLIED BY THE CUSTOMER:
1. Quotations are based on materials being supplied in an acceptable and suitable manner.
2. Materials, which are either damaged or presented in a manner that will have an adverse effect in production, may be subject to an additional charge. It will be the responsibility of the Company to inform the customer and provide evidence of such non-conformance.
3. If materials supplied by the customer, including a third party, are delayed and cause the Company’s machines to cease production then the Company reserve the right to charge “standing time”. This charge will be confirmed in writing by the Company and must be accepted by the customer before commencement of further production.
4. Left over materials will be destroyed 14 days after completion of the job.
DELIVERY AND PAYMENT:
1. All payments shall become due 30 days from the end of the month of invoice, unless different payment terms have been agreed prior to job acceptance.
2. Unless otherwise specified the price quoted is ex works. If delivery is included in the quotation a charge may be made to cover any extra costs involved for a delivery to a different address stipulated in the estimate.
3. Should expedited delivery be agreed an extra charge may be made to cover any overtime or any other additional costs involved, this is to be agreed in writing by the customer and the Company.
4. The Company shall not be liable to the customer for any delay in delivery of the work caused by any failure by the customer to supply the materials, documentation or information within the time stipulated.
5. Where any sum owed by the customer to the Company is overdue for payment under any contract the Company may withhold any deliveries or work due to be made under any contract until arrangements as to payment or credit have been established which are satisfactory to the Company.
6. Any discount stated on the invoice or otherwise given by the Company shall be deemed to have been withdrawn if the Company does not receive payment within any stipulated payment period.
7. The Company shall not be liable for any loss to the customer arising from delay in transit not caused by the Company.
LIABILITY:
1. The Company warrants that the work shall at the time of the delivery be free from defects in workmanship and the Company shall be under no liability in respect of any such defects arising from the Company producing work in accordance with any specification supplied by the customer. If any work does not conform to this warrant the Company will at its option
  1. take back any work found not to conform or visit it at its location
  2. sort, rectify and/or replace the work found not to conform to its warranty
  3. take such steps as the Company deems necessary to bring the work into a state where it is free from such defects
2. The liability of the Company under these conditions shall in no event exceed the price of the work and performance of any of the options in 5 (a) shall constitute an entire discharge of the Company’s liability under this warranty. Further the Company shall be under no liability in respect of defects in workmanship and material where the work supplied under a contract is of a similar quality and standard to samples of work previously supplied and accepted by the customer.
3. Save as provided for in 5 (a) and in the Sale of Goods Act 1994
  1. all conditions and warranties express or implied as to the quality or fitness for any purpose of the work are expressly excluded and
  2. the Company shall be under no liability for any loss or damage (whether direct, indirect or consequential loss of profit, loss of business, depletion of goodwill, loss of business opportunity or loss of savings) howsoever arising which may be suffered by the customer
SUB CONTRACTING: The Company shall have the right to subcontract all or any part of the work.
VARIATIONS OF QUANTITY: The Company accepts all work unchecked for quantity and assumes the counts to be accurate. Every endeavor will be made to deliver the correct quantity ordered but the Company shall not be liable for any such shortfalls where insufficient quantities were supplied.
CLAIMS: All claims against the Company must be made in writing within 28 days of the first dispatch of goods.
FORCE MAJEURE: The Company shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply or breakdown of machinery, lock-out, strike or other action taken by employees in contemplation of a dispute.
ENTIRE CONTRACT: Unless specifically agreed to in writing by the customer and the Company, these conditions are the only conditions upon which the Company is prepared to deal with the customer and they shall govern any contract with the customer to the entire exclusion of any other express or implied terms of conditions.
LAW: These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of England and all disputes arising out of these conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.