Terms

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Oddcolours Ltd : Terms and Conditions of Sale

PLEASE READ THESE TERMS CAREFULLY AND COMPLETELY. WE RECOMMEND

THAT YOU PRINT AND KEEP A COPY OF THEM FOR REFERENCE PURPOSES.

Microsoft Word and Adobe PDF format versions are available on request.

PLEASE READ THESE TERMS CAREFULLY AND COMPLETELY. WE RECOMMEND THAT YOU

PRINT AND KEEP A COPY OF THEM FOR REFERENCE PURPOSES.

Definitions :

1. In these conditions of sale, the expression “the Seller” and “the Company” shall mean

“Oddcolours Limited trading as Bathrooms in Colour”.

The expression “Buyer” shall mean the person, firm, company, local authority or any

government department from whom the Buyer receives an order for goods or services.

The expression “Goods” shall mean articles, things, materials, professional services

or commodities or any of them described in the Order.

The expression “Specification” shall mean the technical description

of the Goods contains in or referred to in the Order.

The expression “Order” shall mean an Order placed by the Buyer to the Seller for the sale of the Goods.

General :

2. These conditions contain most obligations between the Seller and the Buyer. No variation of these Conditions shall be binding unless made in writing and signed by both the Seller and the Buyer. The headings covered in these Conditions are for reference only. All orders for goods which are readily available from either our own stock or that from one of our suppliers will fully adhere to the Distance Selling Regulations. These regulations entitle you to cancel an order at any time up to 7 working days after the day of delivery. To do this, please e-mail or write to us, explaining your reasons for cancellation. This will enable us to improve the service we offer to customers in future. If you cancel, you must return the goods to us at your own expense. Most orders processed by the Seller are specially made to order and, resultantly, the Distance Selling Regulations don’t fully apply. This cancellation policy does not affect your legal rights, for example, if the goods are faulty or not as described in the contract or on the applicable invoice.

Orders :

3. Quotations are only submitted and orders are only accepted to these Conditions. All prices quoted remain open for a period of thirty days from the date of quotation.

4. The Seller reserves the right to withdraw or revise any quotation after it has been made so that no order shall be binding unless it has been confirmed in writing by the Seller.

5. Any special order product may require a deposit to be paid in advance up to and including the full payable amount. Re-stocking or cancellation charges may apply, details of which shall be given by the Seller at the time of quotation or thereafter and prior to the date of delivery

Prices :

6. A) The Seller’s prices rule at the date of an Order.

B) If after an order has been confirmed and the Seller’s costs are increased by legislative measures

of any government or legislature involving new or additional duties or charges,

the Seller reserves the right to adjust the invoice price by the amount of any such increase with the Buyer’s

acceptance and the invoice price so adjusted shall be payable as if it were the original contract price.

In the event that a higher price would need to be charged, you may cancel the order without penalty.

Delivery :

7. A) The date of period for delivery shall be the date or period as stated in the Contract.

B) All the Goods for delivery in the UK shall cease to be at the risk of the Seller at the point when the Goods reach the premises of the Buyer and thereafter all such Goods shall be at the risk of the Buyer.

8. If for any reason the delivery is not accepted by the Buyer then the Seller shall have the option either to sell the Goods or any of them elsewhere and omit from any refund all costs and expenses incurred in such sale or to store the Goods or any of them in public or outside warehouse at the Buyer’s expense. The Seller reserves the right to charge a minimum 10% of the nett order value as a contribution to the said costs and expenses such cancellation charge to be paid within three days of cancellation.

9. If there is a problem with the Goods, please contact us. We will deal with your concerns in accordance with your legal rights.

B) The Seller’s liability in the event of an unsubstantiated claim for non-delivery, partial loss or damage and in respect of Goods which the Seller agrees are not of reasonable quality is limited either to giving the Buyer a reasonable refund or to replace the Goods Under no circumstances whatsoever shall the maximum liability of the Seller for Goods of poor quality or for non-delivery, partial loss or damage exceed the invoice value of the Goods concerned.

Unauthorised return of items :

10. Without an official returns note number, any items returned to our premises will incur storage charges at the rate of £ 8.00 per item per day. This will be invoiced to the customer quarterly by way of a Pro-Forma invoice and is subject to change without notice.

Retention of Title :

11. A) The Title in all Goods shall not pass to the Buyer until the Buyer has paid in full

to the Seller all sums owing by the Buyer to the Seller.

B) Until payment has been made in accordance with A) above the Buyer will so keep the Goods that they can

be clearly identified as the property of the Seller and are separate from other Goods purchased by the Buyer.

C) If the Buyer does not pay for any Goods supplied by the Seller in accordance with the terms of

payment the Seller shall take legal action against the Buyer to recover any costs and outstanding debt.

Force Majeure :

12. A) The Seller shall not be liable to the Buyer for any loss or damage or expense whatsoever

suffered by the Buyer due to any cause beyond the Seller’s control including acts of government,

acts of war, strikes, lock-outs, riots, fire, lightening, aircraft, transport, explosion, flooding,

acts of God, force majeure, illegality, breakdown, accident or theft.

Changes to these terms :

13. The Buyer acknowledges that it cannot assign its own rights under these Terms and Conditions of Sale.

All guarantees and indemnities are passed on from the respective manufacturer of the item.

These terms were last updated on 9th December, 2009. We may change our Terms and Conditions

at any time, so please do not assume the same Terms will apply to future orders.

Governing law :

14. These Conditions and any contract of which they form part shall in all respects

be governed by English Law and shall be deemed to have been made in England.

About the Company:

Oddcolours Limited is registered in England and Wales. Company registration number 06900061

Director: Mr N. Wolstenholme

Registered Address: 40 Gloucester Avenue, Northampton. NN4 8QF.

Tel: 01604 76 96 66 Fax: 01604 42 22 42 E-Mail: sales@oddcolours.co.uk

Any other information about the Company can be requested in writing at the address above.

Information is correct at time of uploading onto the web-site, which is Sat 6th February, 2010.

These terms of sale have been verified by a member of Northamptonshire County Council Trading Standards, so that they comply with the Distance Selling Regulations and the Sale of Goods Act.

Should you require any proof or clarification of this, please don’t hesitate to contact us.

The letter of confirmation dated 11th December, 2009 is available upon request.