All goods offered for sale by members of the Albany Group ('the member') are subject to the following terms and conditions.
At the discretion of the member and subject to acceptable credit references a Credit Account may be opened for use at the member's outlet(s). All notifications of changes to an account, whether as to name or address, must be made in writing as soon as any such change(s) occur.
The member may undertake enquiries of credit reference agencies and other organisations who may also keep a record of that enquiry. The enquiries may concern individuals, partners, directors and principals of a limited company.
The member may monitor and record information relating to the trade performance of his/her credit customers and such information may be shared with other organisations such as collection agents and lawyers to enable recovery of sums due.
Credit accounts are maintained on condition that payment is received by the end of the month following the month in which the goods have been purchased. The member will be entitled to add interest to any amounts outstanding beyond the due date. The rate of interest charged will be guided by legislation covering such matters.
Orders are accepted on condition that goods will be supplied by the member's prices ruling at the date of despatch.
When required, goods will be delivered free within the area served by the member. Risk shall pass on delivery.
The member will not be liable for: -
(a) any delay in the delivery of goods, however arising.
(b) short delivery of, or damage to, goods whether delivered by the member's own transport or otherwise, unless such loss or damage is notified with full particulars and proof of loss or damage within 3 days.
Ownership of Goods
The ownership of any goods supplied by the member will not be transferred until all amounts owed to the member, no matter for what reason, have been paid and until paid the member may repossess the goods. The member remains entitled to enter premises to take possession of its goods when not paid for.
The member may disclaim his/her right of ownership by notification and if goods have not been repossessed within twelve months, ownership in the goods will pass.
The customer has the power to sell or use the member's goods before payment is made provided that all sums paid to the customer in respect of same are held in trust for the member until all amounts due to the member have been paid in full.
The member reserves the right to refuse to accept the return of any goods correctly supplied to order. Paints produced by colour tinting machines and correctly supplied to order are not returnable.Because of problems arising from design currency and manufacturing batches, wallcoverings and fabrics correctly supplied to order are not returnable.
Used or damaged goods will not be accepted for return.
Items which are accepted for return must be supported by the invoice or delivery note number and, if authorised for credit, may be subject to a re-stocking charge of 10%.
Orders for goods not stocked by the member and specially obtained for the customer may be subject to additional charges to cover extra costs incurred, e.g. supplier's carriage charges. Special orders cannot be cancelled once the order has been placed nor can the goods, once supplied, be returned to the member for credit in whole or in part.
Special conditions on customers' order forms will be accepted as binding only if they are not at variance with the member's Trading Terms.
Health and Safety
The member makes available in good faith product information concerning the conditions necessary to ensure that goods supplied will be safe and without risks to health when properly used. This should not be considered of itself to constitute an adequate risk assessment as may be required under Health and Safety legislation. If the customer is not already in possession of such information, or requires any advice in connection with the safe use of the goods, or becomes aware of any risk to health or safety, the customer should immediately contact the member.
Sale of Goods
All goods are believed by the member to be of a quality suitable for the purpose and specification for which they are intended. Any defect must be reported to the member as soon as it is discovered.
Technical information in response to enquiry is given by the member in good faith. It will be for the customer to satisfy himself/herself as to suitability for his/her own particular purpose which may depend on site conditions that are not known to the member.
The liability of the member will not exceed the value of the goods supplied. Loss of profits and consequential financial or other losses are excluded