Terms and Conditions
Davern Workwear Ltd
1. The Company shall mean Davern Workwear Ltd. All goods supplied shall remain the property of the Company until paid for in full.
2. Any claim for short delivery must be notified to the Company in writing, within 3 days of receipt.
3. Claims for non-delivery must be made in writing, within 7 days of receipt of invoice.
4. The Company will not accept any garments returned after 30 days from date of delivery.
5. The Company shall not be liable for any claim in respect of garments decorated by the customer.
6. The price list is intended as a guide only and is not an offer for sale. The Company reserves the right to alter prices and specifications without prior notice.
7. Delivery charges are as per the price list, which will be subject to change without prior notice. Expedited deliveries will be charged at a premium rate.
8. The Company is in no way responsible or liable for any indirect, or consequential loss, or for any loss to the customer arising from third party claims due to errors, defective dye, manufacturing or fabric faults, or any delay in delivery.
9. The Company reserves the right to charge 4% over the base rate for all overdue debts and to recover all legal fees that are incurred.
10. The Company shall not be liable in respect of any claims by the customer arising out of any of the conditions, warranties and guarantees subject to which the goods are offered. As to all of which matters, the customer shall satisfy himself.
11. If any legislation is compulsorily applicable to any business undertaken, these terms and conditions shall, as regards such business, be read as subject to such legislation and nothing shall herein be constructed as a surrender by the Company of any rights or immunities, whether as an increase of its responsibilities, or liabilities under such legislation and if any part of these terms and conditions be repugnant to such legislation to any extent such parts as regards such business be void only to that extent, but no further.
12. The Company does not give, or imply any warranty that the goods sold do not infringe the Patent rights of a third party. If goods are manufactured to the customer's design, or according to the customer's instructions, the customer shall indemnify the Company in respect of all claims, damages, costs and expenses in respect of any alleged infringement. On discovery of such infringement, the seller shall be at liberty to terminate the contract and receive payment of all goods supplied, manufactured or allocated to the customer, even if not actually delivered to, or collected by the customer.
13. No agent, or employee of the Company has the right to vary these terms and conditions, save that should any variation be agreed by the Company at its absolute discretion then such variation should be approved, in writing, by a Director if the Company.
14. Unless specified on the contract, no guarantee is given or implied as to the quality, washing stability, colour-fastness, wearability, or making up quality of the goods supplied, nor as to their fitness for any purpose expressed. The customer shall in no case be taken to have relied upon the skill or expertise of the Company, or its agents.
15. Every effort will be made to carry out the contract, but its due performance is subject to cancellation by the Company, or to such variation as it finds necessary as a result of any Act of God, War, Strike, Lockout, or any other Dispute, Flood, Fire, Drought, Legislation, or other causes (whether of the foregoing class, or not) beyond the Company's control. No responsibility is accepted by the Company for late deliveries.
16. The construction, validity and performance of this contract shall be governed by the Laws of England and any legal proceedings in relation to such contract shall be submitted to the jurisdiction of the English Courts without prejudice to the Company's right to bring any such proceedings before the courts have jurisdiction in the place of residence and business.
17. Goods delivered to a third party, by the request of the customer, remain the risk of the customer.
18. The Company reserves the right to charge a 4% surcharge on any payments cleared by credit card.
19. The Company reserves the right to alter any specification without prior notice. All garment sizes and colours are for guidance only.
20. Small order charge: An administration and carriage charge of £6.75 will be made for all orders less than £200.
21. All orders are subject to stock availability.
22. This contract is divisible. Each delivery made shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with our terms of payment, without reference to and notwithstanding any defect of default in delivery of any other installment.
All goods being returned must be accompanied by an authorised returns document, issued by the sales dept. Failure to do so will result in the consignment being rejected. The Company will not be held responsible for any consequential loss as a result of this action. Goods will only be accepted if returned in perfect condition and within 30 days of the original delivery.
Discontinued & decorated garments will not be accepted.
A 30% re-stocking charge will apply.