||Any reference to “the “Company” shall be taken as referring to TEXTILES F.R. LIMITED
Orders are accepted subject to the Company’s terms and conditions of trading. Variations of these terms shall not be binding upon the Company unless confirmed In writing.
Quotations given by the Company are not offers capable of acceptance by the customer.
The Company will undertake treatment and/or testing of customer fabric to specified standards previously agreed with the customer and will use whatever method necessary to achieve same.
The Company will only commence processing of customer orders subject to receipt of a) written instructions from the customer and b) customer fabric.
Full quotations are based on current costs applicable to the Company and will be adhered to while such cost are in operation. Quotations remain valid for 14 days. Customers should verify prices for orders placed with the Company against a quotation where the 14 day period has elapsed. The Company reserves the right to increase prices to compensate for any rise in costs which may become effective between the date of acceptance of the order and the date of initial treatment.
The Company requires payment at its discretion as follows:
(i) Cash with order. (ii) Cash 30 days nett of invoice date.
Account statements are not issued by the Company.
Payment is strictly on the issue of invoice.
The Company may at its discretion hold fabric to the value of outstanding invoices against the customer in the event of non/late payment.
Non payment on or before the due date (time being of the essence) shall entitle the Company without prejudice to any other rights to:
(i) suspend provision of any further service whether under this contract or under any other. (ii) To receive interest payments from the customer at 2% above National Westminster Bank Ltd base rate from the time being on the unpaid balance, whether before or after any judgment.
The customer shall not be entitled to delay or refuse payment of the account or any part thereof on the grounds of a claim or set-off against the Company.
Completion of order dates are given in good faith and will be maintained where possible. However, these dates are subject to revision to cover delays caused by strike, accidents, fire, flooding, non-delivery of components or any other reason beyond the control of the Company.
If the customer requires alterations to the order as accepted which, in the Company’s opinion, are impracticable, the Company reserves the right to cancel the contract, the customer to be liable for such costs as may have been incurred by the Company at the time of cancellation.
The Company may at its sole discretion accept any cancellation upon the following terms:-
Receipt of a written cancellation not later than 48 hours before the treatment date.
All outstanding costs incurred by the Company associated with the specific order are paid in full.
Any carriage charges for fabric are paid In full.
The Company reserves the right to hold goods to the value of any outstanding expenses incurred by the Company as a consequence of a customer canceling an order until full payment is made to the Company.
Termination and Suspension by the Company.
The Company reserves the right to cancel or suspend by written notice any order or part of an order without liability:—
If compelled to do so by reasons beyond the Company’s reasonable control including but not limited to strikes, force majeure, lockouts, accidents, break down of plant or machinery, shortage of availability of raw materials or components (imported or otherwise) from normal sources or routes of supply;
In the event of failure by the customer to comply with any obligations under these terms and conditions; or
If the Company is reasonably of the opinion that the customer is not in a position to meet commitments to the Company or is insolvent or (being a limited company) goes into Liquidation other than a voluntary liquidation for the purposes of amalgamation or reconstruction only or has a receiver appointed of its undertaking or assets or a substantial part thereof. Any such suspension or termination of the order by the Company shall be without prejudice to any other rights which the Company may have against the customer.
Limitation of Liability
The Company cannot accept any liability for deterioration or damage sustained by customer fabric during and/or following treatment where the customer has failed to supply details relating to the fabrics fibre content and/or construction.
The Company will take all reasonable care to minimise loss of any specific qualities relating to protective or decorative finishes but will accept no liability for same should deterioration occur.
The Company will take every reasonable care to assess the effect of treatment on customer fabric but can accept no responsibility for loss of fabric dye, change of shade or fabric handle during treatment or during the service life of the fabric.
The Company will not accept responsibility or liability for any colour change occurring in a fabric, following treatment, where the fabric has been dyed with dyes sensitive to discolouration when exposed to environmental agents (including Sunlight) or chemicals.
Fabrics dyed with the “Reactive Dye” class of dyes are considered unsuitable for treatment with the “non-durable flame retardant system” of chemicals conventionally used for curtain materials. Fabrics finished with such dyes will only be treated at the specific request of the customer and with their understanding that such fabrics have a high probability of undergoing a change of shade following treatment.
No claim against the company can be considered where there is evidence of the treated fabric has been exposed to damp or humid conditions whilst in its end use.
Customers should make allowance for up to 5% fabric shrinkage which may occur during processing. The Company cannot accept liability for fabric loss attributable to shrinkage.
Fabrics are treated by the Company following customer instructions to comply with legislation and/or regulations current at the time of processing. The Company cannot accept liability for fabrics failing to comply with legislation and/or regulations which were not enforced or current at the time of processing the customer order.
No claim against the Company will be considered for any fabric which has been cut for use in manufacture or as made up goods.
Claims against the Company relating to processed fabric failing to meet customers flammability requirements cannot be considered without the support of a full independent test by an approved laboratory and/or where clause 8.9 applies.
The Company reserves the right to reprocess fabric to a standard as may be acceptable and so demonstrated through independent testing to meet the original customer written order requirements.
No consideration will be given to claims where the conditions of 3.1 have not been met.
The Company will not enter into any time penalty clauses or any other punitive arrangements to which customers may be committed.
If any services or materials supplied by the Company are found to be defective due to faulty materials and/or workmanship, the Company’s liability shall be limited to repair or replacement of articles such as are directly damaged thereby.
Written notice of a claim under this condition must be given to the Company by the customer as soon as reasonably practicable and within 7 days of the defect becoming apparent in any event.
No liability under this condition shall attach to the Company where the item the subject of the claim has been subjected to improper or unusual use or storage.
The Company accepts no liability arising as a result of representation made by third parties not the employees or agents of the Company and the customer acknowledges that it has not entered into this contract on the basis of any such representations.
So far as permitted by law the Company’s liability under this condition shall be in lieu of any other warranty or condition, express or implied (statutory or otherwise) and in no event shall the Company be liable for the customer’s loss of profits, increased costs or any like consequential loss.
In the case of materials supplied but not manufactured by the Company, the Company shall not be required to bear any liability or expense greater than the amount actually recovered from the manufacturers.
The Company reserves the right to require a sample of any material to be treated for testing before accepting the order and the Company shall be under no liability and any warranty extended under this Agreement shall be void where either any sample provided differs from materials required to be treated under the order or the said material or any article to be treated contains a latent defect which renders it unsuitable for the treatment.
The Company will not accept any liability for inconsequential loss.
In the event of a dispute which cannot be resolved by negotiation between the customer and the Company, the dispute shall be referred to a single Arbitrator acceptable to both parties, to be appointed within the terms of the Arbitration Acts 1950 and 1979 and any subsequent amendments to them.