JASON D'SOUZA LTD

1/6 CHELSEA HARBOUR DESIGN CENTRE, LONDON, SW10 0XE.   TEL: 020 7351 4440

www.jasondsouza.co.uk info@jasondsouza.co.uk

TERMS AND CONDITIONS OF SALE

1. QUOTATIONS

Quotations are open for acceptance for 4 weeks unless previously withdrawn.

2. ORDERS

You should confirm any orders in writing.

3. CARRIAGE AND VAT

Carriage and Handling charges are levied on all orders. VAT is charged on all goods at the rate current at the date of invoice.

4. DELIVERY

Any delivery date quoted is contingent on receipt of all necessary information for work to proceed, including design specification and supply to us of manufactured materials, and time is not of the essence with any order unless expressly acknowledged by us in writing. We exclude liability for late delivery.

5. GOODS LOST IN TRANSIT

Any claims for goods not delivered must be made to us by telephone within 7 days of the date stated on the invoice and confirmed to us in writing within 10 days for that date, otherwise no liability will be accepted.

6. DAMAGED GOODS

Please inspect the goods carefully upon delivery. In the event that they are damaged or defective, please notify us within 48 hours of delivery, and do not cut the goods. We will not be responsible for any damage or defects not notified to us within this time or after the goods have been cut, no matter what the nature of the damage or defect. If goods are damaged in transit, please sign for them as such and notify us immediately.

7. CREASING

Some fabrics, including velvets, are susceptible to creasing and must be stored very carefully. If fabrics are delivered creased, this should be notified to us in the same way and timeframe as damaged goods. We are not responsible for creasing which occurs after delivery.

8. CANCELLATIONS

Please let us know in writing if you wish to cancel an order. If we are able to cancel the order then we will do so, but we cannot cancel an order if the goods have already been processed.

9. RETURNS

Returns will be accepted only at our discretion. Please confirm any request to make a return in writing. Returns will not be accepted (a) more than 15 days after delivery of the goods, (b) after cutting, or (c) of any order of less than 20 meters. Upon receipt of the goods in mint condition, we will credit you for the agreed return, less a handling charge of 25% of the net price of the order and carriage costs (which will be at your expense). The money will be kept on your account with us as a credit, to be used with your next order.

Regrettably under no circumstances what so ever, can we accept responsibility for fabric no matter what the issue is, once it has been cut. We suggest that if the fabric is being made up by you or a third party, you/they should check the reference, colour and design of the fabric received before the item is cut.

10. GENERAL LIMITATIONS OF LIABILITY

In no circumstances shall our liability, including for any fault or defect in the quality condition description or fitness for any purpose, exceed the net price of the particular goods. Liability for any consequential loss or damage, or any loss of profit, is excluded. Where any delay is caused by force majeure, we shall not be responsible for that delay even where time is of the essence.

11. RETENTION OF TITLE

All goods remain our property until we receive full payment (including any default interest and expenses), no matter into what state or form the goods supplied have become or been made. Until title has passed to you, you shall hold the goods as bailee and shall not dispose of them or use them, and you shall insure them on our behalf. We reserve the right to enter any premises to retrieve any goods to which this clause applies. All goods are at your risk from delivery, notwithstanding that title has not passed.

12. GOODS

COLOUR-MATCHING
While every effort is made to achieve colour-matching, we cannot guarantee exact matching between batches. We make no warranties in this regard, and we exclude liability for colour-matching.

COLOUR-FASTNESS
Our fabrics are produced to exacting light fastness standards, but no fabric is completely fadeless. We make no warranties in this regard, and we exclude liability in respect of colour-fastness. Where practicable, lining is recommended as a protection.

FLAME-PROOFING
No liability will be accepted for any change in appearance, performance or defects in our fabrics if they are treated with a flame retardant or stain repellent, and we make no warranties in this regard.
Please allow approximately 5% for shrinkage during processing. We advise that a batch cutting be sent to the flame proofing company prior to treatment for testing. 

USE FOR UPHOLSTERY
No warranty is given as to the suitability of our fabrics for upholstery unless promotional literature expressly states that a particular fabric or collection of fabrics is suitable.

CLEANING
We recommend professional dry cleaning for all our fabrics but shall not be liable for any defective cleaning (whether professional or otherwise) or for damage to the goods from any improper cleaning methods. You should ensure that the type of dry cleaning is suitable to the fabric and dyes.

13. SETTLEMENT TERMS AND CONDITIONS

Payment is due strictly 30 days from the date on the invoice. Overdue accounts may be suspended until the account is brought up to date. We reserve the right to charge interest on all overdue accounts from the due date at 8% above the Bank of England base rate.

14. NOTIFICATIONS

Notifications should be made by email or post.

15. VARIATION

We may vary these terms and conditions, and our prices, from time to time at our discretion.

16. APPLICABLE LAW AND JURISDICTION

Any contracts between you and us shall be governed by, and interpreted in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.