| 1.
DEFINITIONS In
these conditions: “Buyer” means the person whose name
and details appear overleaf to whom the Company is selling
the Goods. “Company” means Sheridan Publishing a private
company registered at 25 Tenby Road Moseley Birmingham
B13 9LX. “Conditions” mean the terms and conditions
set out in this document. “Contract” means the contract
for the sale of goods to the buyer subject to the conditions.
“Goods” mean reproductions of original paintings pictures
prints or any other work of art a brief description
of which appears overleaf which the Company is selling
to the buyer in accordance with the Conditions. The
headings in these Conditions are for convenience only
and shall not affect their interpretation. Any references
in these Conditions to any provision of a statue shall
be construed as a reference to that provision as amended
re-enacted or extended at the relevant time.
2. BASIS OF SALE The
Contract made between the Company and the Buyer for
the purchase of Goods shall incorporate and be subject
to these Conditions and receipt of the Goods by the
Buyer shall be deemed conclusive proof that the Buyer
has accepted these conditions. No other agreement representation
or promise of any kind shall form part of alter vary
supersede or operate as a waiver of these Conditions
or any of them unless expressly made or accepted by
a director of the Company in writing. The Buyer shall
not be entitled to rely on any typographical clerical
or other error or omission in any sales literature brochure
leaflet or price-list in relation to any Goods offered
for sale. Any such error or omission shall be subject
to correction without ant liability an the part of the
Company.
3. PRICE AND PAYMENT The
price of the Goods is inclusive of Value Added Tax.
The price of the Goods must be paid by the Buyer in
cash or by a means approved by the Company. Unless a
credit account has been opened the Company will not
allow the Goods to be removed from the Company’s premises
until the price for the Goods has been paid in full
to the Company.
4. RISK AND TITLE Risk
of damage to or loss of the Goods shall pass to the
Buyer: at the time when the Goods are collected by or
on behalf of the Buyer or in the case of Goods being
delivered to the Buyer’s address at the time of delivery
or if the Buyer wrongly fails to take delivery of the
Goods then at the time when the Company has tendered
delivery of Goods. Notwithstanding delivery and the
passing of risk in the Goods or any other provision
of these Conditions the property in the Goods shall
not pass to the Buyer until the Company has received
payment in full of the price of the Goods in cash or
cleared funds. Until such time as the property in the
Goods passes to the buyer the Buyer shall hold the Goods
as the Company’s fiduciary agent and bailee and shall
keep the Goods separate from any other artwork or items
of similar nature of the Buyer and third parties and
properly stored protected and insured and identified
as the company’s property. Until such as property in
the Goods passes to the Buyer (and provided the Goods
are still in existence and have not been resold) the
Company shall be entitled at any time to require the
Buyer to deliver up the Goods to the Company or ( at
the Company’s option) the Company shall be entitled
(and the Buyer hereby irrevocably authorises the Company)
to enter upon any addresses or premises of the Buyer
where the Goods are located and repossess the Goods.
5. WARRANTIES AND LIABILITY Any
claim by the Buyer which is based on any defect in the
quality or condition of the Goods must be notified to
the Company in writing within seven days from the date
of purchase. If the Buyer does not notify the Company
accordingly the Buyer shall not be entitled to reject
the Goods and the Company shall have no liability whatsoever
for such defect. Where any valid claim in respect of
any of the Goods which is based on any defect in their
quality or condition is notified to the Company in accordance
with these Conditions the Company shall against return
of the Goods in their original condition refund to the
Buyer the price of the Goods but the Company shall have
no further liability of any nature whatsoever to the
Buyer. No warranty whatsoever given by the Company as
to the originality or authenticity of the Goods purchased
by the Buyer accepts and acknowledged that he is relying
absolutely on his own opinion in purchasing the Goods
from the Company. All warranties conditions or other
terms implied by statue or common law are hereby excluded
to the fullest extent permitted by the law. The sale
of Goods does not include the copyright or other intellectual
property rights in the Goods and the Buyer acknowledged
the moral right of the artist. The Buyer shall not reproduce
or permit reproduction of the Goods. The Company shall
not be liable to the Buyer by reason of representation
(whether given orally or in writing) or any implied
warranty condition or other term or any manner whatsoever
for any consequential loss or damage ( and in particular
but without prejudice to the generality of the foregoing)
the Company shall not be liable for any costs claims
damages or expenses arising out of any tortuous act
or omission including negligence or any breach of contract
or statutory duty which may arise out of or in connection
with purchase of the Goods by the Buyer (and whether
caused by the threatened proceedings brought against
the Buyer for infringement of intellectual property
or other rights whatsoever of a third party directly
or indirectly relating to the Goods save as may be expressly
provided in these Conditions. Any refund of any monies
by the Company to the Buyer shall not under any circumstances
be deemed to be an admission of any liability on the
part of the Company to the Buyer ( or to any third party)
and shall be without prejudice to the rights of the
Company which the Company hereby reserves in full. All
liabilities of the Company to the Buyer determined by
a court of laws as not having been excluded hereunder
shall be limited in total to the total price of the
Goods as shown on the Company’s invoice.
6. GENERAL If any term or provision
in these Conditions shall be held to be illegal or unenforceable
in whole or in part under any enactment or rule of law
such term or provision or part shall to that extent
be deemed not to form part of these conditions but the
validity and enforceability of the remainder of these
Conditions shall not be effected. The waiver or forbearance
or failure of the Company in insisting in any one or
more instances upon the performance of any provisions
of these Conditions shall not be construed as a waiver
or relinquishment of the Company’s right to future performance
as such provisions and the Buyers obligations in respect
of future performance shall continue in full force and
effect. Unless the content otherwise requires words
importing the singular number shall include the plural
and vice versa and words importing any particular gender
shall include all other genders. If the Goods are purchased
for export from the United Kingdom the Company shall
be entitled to impose such other terms and conditions
as it shall require. The Contract shall be governed
by the laws of England and the Company and Buyer hereby
irrevocably submit to the exclusive jurisdiction of
the English Courts. |