Holman Specialist Paints – Terms and Conditions of Trade
The following Terms and Conditions (The Terms) apply to the sale of goods and use of the website.
Holman Specialist Paints (The Company) reserves the right to revise these terms and customers will be subject to the terms as published at the time of ordering.
Sale of goods
All goods shall remain the property of Holman Specialist Paints Limited until full and final payment has been received.
The risk in goods supplied by The Company shall pass to the customer at the point of collection or delivery. The Company shall have no responsibility in respect of the safety of such goods hereafter.
All goods which are to be collected must be collected within three months of order, failing which they shall be deemed to become the property of The Company and may be returned to stock or disposed of.
All goods are deemed to be of merchantable quality and are suitable for the specification and application for which they are produced. It is the responsibility of the customer to ensure the product is suitable for the purpose for which it is purchased and this may depend upon site conditions. Full application details can be found by reading the individual product data sheet.
If there is any doubt then please contact us for advice and guidance.
The provision and supply of technical data, application advice, images, diagrams, usage information and samples are made in good faith and are to be used as guidance only and should not be treated as an exact specification or description of the product. Please note that goods are supplied subject to standard industry accepted manufacturing tolerances.
Any defects must be notified to The Company as soon as it is discovered. (This does not apply to defects in goods arising from fair wear and tear, wilful damage, product modification, accident, negligence by customers or third party).
The Company will take all reasonable steps to meet the customer’s specified delivery date.
The Company will not be liable however;
For any delay in the delivery of goods caused by factors outside its control.
Where delivery has been affected by circumstances beyond The Company’s control and so cannot be guaranteed, The Company will inform customers of such an unexpected delay and will arrange a new delivery date.
For short delivery of goods whether delivered on the The Company’s own transport or otherwise, unless customers notify The Company of the full particulars within 3 days.
In the event that The Company is unable to deliver the whole of the goods at one time due to operational reasons or shortage of stock, The Company will deliver in instalments.
Should customers fail to take delivery of goods, then except where this failure is caused by an event beyond The Company’s control, The Company;
Will store the goods until delivery takes place and may charge a reasonable rate to cover expenses
Shall have no liability to customers for late delivery.
Delivery prices quoted for delivery the UK mainland.
A price for delivery to the following post codes ; AB10, AB31-AB56 ,All BT,FK19-FK21 ,All HS, All IM,IV1 - IV41 - IV51, IV55 - IV56 - IV63,KA27, KA28,KW1 - KW17, PA20 - PA41, PA42 - PA49, PA60 - PA78, PA88, PH5 - PH50 ,All ZE will be advised. Please wait for this price before making your purchase.
Credit account holders
Credit Accounts are maintained on the condition that payment is received by the end of the month following the month in which goods are delivered. All payments shall be made free and clear without any deduction for, or account of, any set-off or counterclaim.
If customers fail to make any payment by the due date then, in addition to The Company’s other rights or remedies, payment of the full balance of an account shall immediately become due and payable. The Company shall be entitled to charge interest on such sum overdue at the rate of 4% per annum above the base lending rate for the time being of HSBC plc.
This interest shall accrue on a daily basis from the due date until the date of actual payment of the sum overdue, whether before or after judgment. Customers must pay interest together with the sum overdue. The Company shall also be entitled to cancel or suspend any contract for which sums are overdue and/or any other outstanding orders until such time as customers have made payment for the sums overdue.
The Company reserves the right to refuse to accept the return of any goods correctly supplied to order except for where such goods have been checked by The Company to be defective.
Paints produced by colour tinting machine and special orders correctly supplied to order are not returnable. Any goods returned to us must be in an unopened and resalable condition and in their original box and any other packing when they arrive back with us.
Return shipment will be at the customer’s own cost.
If we are be unable to re-Sell the goods as new a refund may not be given.
Goods must be returned within 7 working days of receipt. Please note that we are unable to accept back non-faulty items after 7 days of receipt.
Goods supplied in accordance with these Terms which are affected for return must be supported by the invoice or delivery note number and if authorised for credit are subject to a re stocking charge of 20% of their sales value.
All prices exclude vat (where applicable) at the prevailing rate and exclude delivery charges unless expressly stated otherwise.
Although we endeavour to ensure that all pricing information on the website is accurate, occasionally an error may occur and could be mis-priced. If we discover a pricing error we will at our discretion either contact the customer or ask whether it is their wish to continue with the order.
On occasion the prices payable in respect of goods advertised on any Company website may differ from those prices payable at the same time in store
We are not obliged to supply goods at the incorrect or different price.
We reserve the right to change prices at any time before (but not after) orders are accepted.
The customer confirms that the credit / debit card used for the purchase is their own or that they are an authorised user in the case of a business purchase.
All Credit / Debit card holders are subject to validating checks and authorisation by the Card issuer. If the issuer of the card refuses to authorise payment then the order will not be accepted.
We cannot guarantee that the appearance and or colour of products shown on this site exactly reproduce the appearance and or colours of the physical products. Colour sample pots are available in some products to enable the selection of the perfect colour.
The Company uses all reasonable endeavours to verify the accuracy of all information held on this website but makes no representation or warranty of any kind expressed or implied, statutory or otherwise regarding the contents or availability of the website or that it will be timely or error free, that defects will be corrected or that the website or server that makes it available is free from viruses or malware, or represents the full functionality, accuracy or reliability of the website.
Limitation of liability
The liability of The Company shall not exceed the value of the goods supplied.
The Company shall not be responsible for any failure to comply with these terms resulting in consequential loss such as, loss of income or revenue, loss of business, loss of anticipated savings or any waste of time.
Links to other Websites
Links on this website to other websites are added if we believe you may find them useful and informative. We do not vet these websites and do not have any control over their contents.
The Company will not be liable or responsible for any failure to perform or delay in performance of any of The Company’s obligations under these terms that is caused by events outside the company’s reasonable control.
Such an event includes any act, event, non-occurrence, omission or accident beyond The Company’s reasonable control and includes, in particular (without limitation), the following:
(a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(d) impossibility of the use of public or private telecommunications networks.
The Company’s obligations under these Terms are suspended for the period that the Force Majeure Event continues. The Company will however take reasonable steps to find a solution by which The Company’s obligations under these Terms are able to be performed despite the Force Majeure Event.
The foregoing exclusions and limitations do not affect (and are subject to) those of your statutory rights as a customer.
These terms and conditions and any claims arising in relation to goods ordered or supplied shall in all respects be governed by English Law and any dispute arising under or with the foregoing shall be for the exclusive jurisdiction of the English courts
It is important to us that we provide our customers and viewers of our website with a first class service. If you have any comments, case histories to share, praise or complaints, please address these to;
Holman Specialist Paints Limited, 1 Central Trading Estate, Signal Way, Old Town, Swindon, Wiltshire, SN3 1PD Registered in England No. 02073156.