Terms and Conditions
1.01 All orders made by the Buyer shall be deemed to be made subject to the follwing terms.
1.02 No modification of these terms shall be effective unless made by an express written agreement between the parties. The signing by the Seller of any of the Buyer’s documentation shall not imply any modification of these terms.
The Buyer may not cancel the contract without the consent of the Seller, which if given shall be deemed to be on the express condition that the Buyer shall indemnify the Seller against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing.
Payment terms Payment must be received in full before order is placed on production and or dispatched.
4. Passing of Risk
4.01 Risk of loss or of damage to the goods shall pass to the Buyer at the time of delivery.
4.02 The Seller shall not be liable for claims of any kind from the Buyer arising from any damage to the goods occurring after the risk has been passed howsoever caused nor shall any liability of the Buyer to the Seller be diminished or extinguished by reason of such loss.
5. Passing of Property
5.01 The property in the goods shall not pass to the Buyer until all sums due or owing to the Seller by the Buyer in respect of the goods and all other goods ordered by the Buyer from the Seller have been paid for until payment the following provisions of this Clause 5 shall apply.
5.02 The whole of the price shall not be treated as paid until any cheque, bill of exchange or other instrument of payment given by the Buyer has been met on presentation or otherwise honoured in accordance with its terms. The Seller may sue for the whole of the price at any time after it has become payable.
5.03 If the Buyer defaults in the punctual payment of any sums owing to the Seller the Seller shall be entitled to the immediate return of all goods sold by the Seller to the Buyer in which the property has not passed to the Buyer, and the Buyer hereby irrevocably authorises the Seller to recover the goods and to enter any premises of the Buyer for that purpose. Demand for or the recovery of the goods by the Seller shall not of itself discharge either the Buyer’s liability to pay the whole of the price or to take delivery of the goods or of the Seller’s right to sue for the whole of the price.
5.04 Until property has therein passed to the Buyer:-
(a) the Buyer must store the goods separately from its own goods and in such a way that they can be clearly identified as the Seller’s property; and
(b) any monies which the Buyer received for the goods shall belong to the Seller and must be paid into a separate bank account for the Seller and the Buyer shall promptly account to the Seller for such monies following receipt thereof.
5.05 The Buyer’s right to possession of the goods shall cease if he does any act or allows any omission which would entitle an Administrator or an Administrative Receiver to take possession of any assets or would entitle any person to present a Petition for Winding Up the Buyer or in Bankruptcy or becomes the subject to any other Insolvency or Bankruptcy procedure.
5.06 If the goods, the property of the Seller are admixed with goods the property of any person other than the Buyer, the product thereof shall be deemed to be owed in common with that other person.
5.07 If any of the goods are incorporated in or used as material for other goods before payment, the property and the whole of such goods shall be and remain with the Seller until payment due have been made. Any sale of such goods shall take place upon commission agency terms. The Seller as principal shall remunerate the Buyer as commission agent a commission depending upon the surplus which the commission agent can obtain over and above the price which will satisfy the principal.
5.08 If the Buyer shall fail to make any payment when due or shall become subject to Bankruptcy laws or be sequestrated or execute an assignment or trust deed for the benefit of its creditors or enter into voluntary or compulsory liquidation or suffer a Receiver to be appointed or enter into a Creditors’ Voluntary Arrangement, the Seller shall have the following right at its option which right shall be cumulative and shall not prevent the Seller from also claiming damages and pursuing any other rights and remedies available to it under these Conditions or otherwise by operation of law:
(i) To cancel any undelivered or completed portion of the Contract and stop any goods in transit.
(ii) To pass title to the goods or any of them to the Buyer by service of notice in writing on the Buyer and
(iii) To repossess the goods or any of them without prior notice.
The Buyer must inspect the goods immediately on delivery and give notice to the Seller’s office in writing within five days of delivery of any matter or thing whatsoever by reason of which the Buyer considers that the goods as delivered are not in accordance with the contract (including shortages). Any such notice must be given before the goods have been re-sold, cut, treated, altered or made up in any way whatsoever. If no such notice is given the goods will be deemed to be in all respects in accordance with the contract and the Buyer will be deemed to have accepted the goods and be bound to pay for them. This clause does not apply to defects which the Buyer could not reasonably have discovered by careful examination of the goods. Goods can only be returned to the Seller with the prior agreement in writing of the Seller. A handling charge may be imposed by the Seller in respect of returned goods.
An extra charge will be made for orders requested to be sent by any express means.
It is the responsibility of the Buyer to ensure that the product is fit for the purpose and application in which it will be used. The Buyer shall be responsible, at the Buyer’s expense, for ensuring that adequate tests are carried out.
9. Colour Disclaimer:
Although we do our best to make sure that the colours displayed on our Website are accurate, the actual colours will vary. In addition, subtle colour differences and textures may not be fully appreciated on some systems due to differences in monitors and / or display cards. If EXACT COLOUR MATCH is required please contact us prior to purchase or send a swatch for colour match. ALL Colours shown online are for guidance and information ONLY.
10. Returns, Refund and Cancellation Policy
If damages or shortages occur Company should be notified within 5 working days of receipt. Receipt of dispatch notification by e-mail denotes that our goods have been dispatched. Unfortunately we cannot accept returns for any of our products, especially as most items on our Website are bespoke, made to order to customers exact specification, non-stock items and special colours without prior notification. Shipping costs are non-refundable. The suitability of a product is deemed to be the customer’s responsibility, and please note that returns are only accepted for faulty goods. Shipping costs are non- refundable unless the goods are faulty. For any other reason where returns are acceptable this will be done at the total discretion of Trimfast Ltd.
Under no circumstances should goods be returned without prior discussion and authorisation code being issued with us by calling 0161 927 9315 or e-mail