GENERAL TERMS & CONDITIONS
All orders are accepted and goods supplied to the following express terms
and conditions (David Bellamy and Jenny Keal standard conditions of sale) and save to
the extent that the exclusion or restriction of liability may be prohibited
by statute, all other conditions , warranties and representations, expressed
or implied and statutory otherwise, except as to title, are hereby excluded.
Any order placed by a Customer shall constitute an offer to contract upon
these express terms and conditions and no addition thereto or variation
therefrom whether contained in the Customer’s order; or otherwise shall
apply unless expresssly agreed in writing by David Bellamy and Jenny Keal.
All orders are subject to availability of the goods. Any prior confirmation
by David Bellamy and Jenny Keal by facsimile, telephone or email shall be deemed to be
Cancellation or amendments of orders may be subject to a charge as stated
in Clause 11b.
3. Manufacturer’s Specification
David Bellamy and Jenny Keal will not be liable in any respect for any loss
or damage caused by or resulting from any variation for whatever reason
in the specifications and will not be responsible for any loss or damage
resulting from curtailment or cessation of supply following such variation.
David Bellamy and Jenny Keal will endeavour to advise the Customer of any
such impending variation as soon as it becomes aware of them.
4. Value Added Tax (VAT)
VAT is automatically added to the cost of Goods where applicable.
5. Delivery and shipping charges
Delivery charges are automatically added to the cost of Goods as part of
the process of submitting an order. Some paintings and materials
are heavy and delicate items which have to be packed carefully. Therefore,
UK post & packing is charged at a minimum of £1.80 per order.
For International orders, an additional charge will be made depending on
country and weight of order but agreement for this will be confirmed by
email before shipping and beforecharging the credit card. We reserve
the right to change shipping costs and to discuss this charge before accepting
6. Passing of Risk and Property
Risk in the Goods passes to the Customer on delivery.
Property in the Goods shall remain in David Bellamy and Jenny Keal until payment in full
has been made by the Customer.
7. Defects and Use
As expressly stated within David Bellamy and Jenny Keal’s standard conditions of sale
and to the extent that the exclusion or restriction of liability may be
prohibited by statute, David Bellamy and Jenny Keal shall not be liable for any loss of
whatsoever to whomsoever or whatsoever nature caused arising out of the
use of Goods. The Customer shall indemnify David Bellamy and Jenny Keal against all claims
made against David Bellamy and Jenny Keal by any third party in respect thereof, unless
otherwise agreed. a) Where the Goods are rejected by the Customer for whatsoever
reason, David Bellamy and Jenny Keal will only accept the return of such goods provided
that it recieves written notice within 21 days and that the Goods are returned
within 21 days of receipt of the Goods with the original packing and must
be returned in the same condition that it was despatched to the Customer.
Any damage or loss to either Goods or packaging will affect the amount of
refund made. b) Where the Goods are found to have defects or faulty workmanship
in the Goods the Customer shall not be entitled to recieve any compensation,
credit or refund in excess of that recieved by David Bellamy and Jenny Keal under any
guarantee or warranty given to it by the Manufacturer or supplier.
8. Return of Goods and Refund Policy
If goods prove to be faulty once they are received, a replacement will
be offered or a full refund if a satisfactory replacement is not
available. If goods are returned because they are no longer required by the
customer a refund of the money paid by the customer will be given
providing the goods are returned in their original condition and in
original packaging. A small handling fee will be deducted to cover the
cost of postage and payment processing.
a) Payment shall be in advance. b) David Bellamy and Jenny Keal reserves the right to
suspend deliveries where payment is not recieved in accordance with sub-clause
Any times quoted for despatch are to be treated as estimated only and without
prejudice, although every endeavour will be made by David Bellamy and Jenny Keal to adhere
to them. Quotations or offers of goods ex stock are subject to the Goods
being unsold at the time of receipt of the Customer’s written order (mail,
fax or email). All despatch dates are calculated from the date of acceptance
of David Bellamy and Jenny Keal’s written order.
11. Customer’s Default and Cancellation and Re-scheduling of Deliveries.
a) If the circumstances or status of the Customer changes, for whatever
reason David Bellamy and Jenny Keal reserves the right without prejudice, to cancel or
suspend trading with the Customer including orders in progress.
b) Requests by a Customer for cancellation or amendment of an order or for
the re-scheduling of deliveries will only be considered by David Bellamy and Jenny Keal
if made in writing (mail, fax or email) and shall be subject to the written
acceptance of David Bellamy and Jenny Keal or if cancelled or re-scheduled at the request
of the Customer, then the Customer will indemnify David Bellamy and Jenny Keal against
all loss costs (including the cost of labour, materials used and overheads
incurred), damages, charges and expenses arising out of the order and the
cancellation, amendment or rescheduling thereof to be calculated at 5% of
the value of the order.
12. Force Majeure
David Bellamy and Jenny Keal shall not be liable for the cancellation of any order or
unfulfilled part thereof or for the effecting partial delivery if performance
by David Bellamy and Jenny Keal is prevented or delayed whether directly or indirectly
by any cause whatsoever beyond the reasonable control of David Bellamy and Jenny Keal
whether such cause existed or was foreseeable at the date of acceptance
of the Customer’s order by David Bellamy and Jenny Keal or not and without prejudice to
the generality of the foregoing, any cause shall be deemed to prevent, hinder
or delay David Bellamy and Jenny Keal if David Bellamy and Jenny Keal is thereby prevented, hindered
or delayed from fulfilling other commitments whether to the Customer or
to third parties.
13. Non-Standard Products
Unless otherwise stated the Goods are supplied in accordance with the Manufacturer’s
standard specification. In no circumstances will it consider cancellation
of such non-standard products or the return of the Goods.
14. Exclusion of Liability
a) Except where provided for otherwise in these Conditions, David Bellamy and Jenny Keal
shall be under no liability of whatsoever kind howsoever caused whether
or not due to the negligence or wilful default by David Bellamy and Jenny Keal or its
servants or conditions or other terms, whether expressly excluded providing
that nothing in this paragraph shall exclude or restrict any liability of
David Bellamy and Jenny Keal or its servants or agents.
b) In any event, David Bellamy and Jenny Keal’s liability shall be limited to direct loss
and shall not incude indirect or consequential loss.
The waiver by David Bellamy and Jenny Keal or any breach of any term hereunder shall not
prevent the subsequent enforcement of that term and shall not be deemed
a waiver of any subsequent breach.
In no event shall David Bellamy and Jenny Keal be liable for indirect or consequential
expenses incurred or damages. David Bellamy and Jenny Keal disclaims all liability to
the Customer for any losses as a result of negligence or other tortious
act by David Bellamy and Jenny Keal, its employees or agents.
It is hereby acknowledged by the Customer that the only terms and conditions
of trade which apply to the supply of goods by David Bellamy and Jenny Keal to the Customer
are those contained herein and no other.
The agreement shall be governed by and construed in accordance with the
law in Wales and the Courts of Wales shall have jurisdiction to hear all
disputes arising in connection with the agreement.